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Supreme Law issued 2016 ten largest 10 cases of intellectual property cases of elm "new varieties of plant infringement case

2017-4-26 23:11| Announcer: admin

Hebei Province Forestry Science Research Institute, Shijiazhuang City, Green edge of the Garden Engineering Co., Ltd. and Jiutai City, landscaping management and other new varieties of plants and other complaints against the case[Shandong Provincial Higher People's Court (2014) Lu Minzi No. 13 Civil Judgment]

 

Case Summary:Hebei Province Forestry Science and Technology Research Institute (hereinafter referred to as Hebei Academy of Forestry), Shijiazhuang Green edge of the Garden Engineering Co., Ltd. (hereinafter referred to as the green edge of the company) Department of "beauty Yu" new species of plant owners, that Jiutai City, (Hereinafter referred to as Jiutai Garden) without authorization in its management of the street green belt with a large number of cultivation of elm behavior against its new varieties of plant rights, the request ordered to stop the infringement of Jiutai Garden and pay the variety of royalties. Changchun City, Jilin Province Intermediate People's Court and the Jilin Provincial Higher People's Court have made a judgment to dismiss the Hebei Academy of Forestry, Green Edge of the company's claim. Hebei Academy of Forestry, Green Edge of the company to apply for retrial to the Supreme People's Court, the Supreme People's Court designated the Shandong Provincial Higher People's Court retrial the case. Shandong Provincial Higher People's Court retrial that the beauty of the yu Department of asexual reproduction, itself is the breeding material, so the Jiutai garden planting behavior is the production of authorized varieties of reproductive material behavior. Although Jiutai Garden Department of the institutions of the legal person, which has the function of building urban green space, but to determine whether the behavior of Jiutai garden has a commercial purpose can not only judge the nature of its main body, but should be combined with the main behavior of the comprehensive judgments. In this case, there are a lot of planting in the nine garden garden for the street greening behavior, but it failed to prove that the cultivation of the legal source of beauty, nine garden is not in line with the "Plant Variety Protection Regulations" Article X Can be self-use of the main body identity, do not meet the license may be without permission, do not pay royalties. Therefore, the Jiutai Garden Department did not purchase the beauty elm from the variety right owner, and the unauthorized use of planting, not only harm the interests of the variety of people, their self-use behavior also implies business interests, should be identified as a commercial purpose. So that the behavior of Jiutai garden constitutes infringement, Hebei Forestry Bureau, Green Edge of the company on the payment of species use fee request should be supported, taking into account the value of the species involved, Jiutai garden planting range and its planting behavior Certain public welfare and other factors, to determine the payment of the use of 200,000 yuan.

 

Typical meaning:This case is the government agencies in the performance of the functions of the production of authorized varieties of reproductive material and other acts constitute the infringement of the identified, whether it is a production of authorized varieties of reproductive materials and whether the purpose of commercial purposes are of a certain significance and guiding significance, effective To protect the legitimate rights and interests of the species owners.

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