◆ The invention patent case of "elevated three-dimensional building" in the French Pavilion of Shanghai World Expo.
◆ "crocodile" trademark case
◆ Lilly Company Company Gemcitabine and Gemcitabine Hydrochloride Patent Case
◆ "Tianfu Coke" Formula and Production Technology Trade Secret Case
◆ Unfair competition dispute case that interferes with search engine service.
◆ A dispute over the ownership of a new plant variety "Red Meat Honey Pomelo"
◆ Layout design of integrated circuits for ◆LED lighting
◆ The case of invalidation of Honda's automobile design patent.
◆ "Xinghua Village" Trademark Objection Review Case
◆ Case of manufacturing and selling counterfeit foreign wine
Supreme Court Announces the Case of Ownership of New Varieties of "Red Meat Honey Pomelo"
Xinhuanet, Nanjing, April 24th (Reporter, Cai) On the 24th, the Supreme People's Court announced one of the top ten cases of judicial protection of intellectual property rights in China courts in 20 10, namely the dispute over the ownership of a new plant variety "Red Meat Honey Pomelo".
Lin Jinsan, the plaintiff, filed a lawsuit with the Intermediate People's Court of Fuzhou City, Fujian Province on the grounds that he should be one of the obligees of the new variety right of "Red Meat Honey Pomelo" obtained by the defendants, namely, Fruit Research Institute of Fujian Academy of Agricultural Sciences (hereinafter referred to as Fruit Research Institute), Lu Xiumin and Lu Xinkun, and requested that he be ordered to be the variety right holder.
The court of first instance held that Lin Jinsan had discovered the provenance that could cultivate new varieties of "red-fleshed honey pomelo" and made great contributions to the subsequent cultivation of new varieties. At the same time, Lin Jinsan successfully grafted and cultivated variant varieties. In order to protect farmers' legal rights and researchers' enthusiasm for breeding, Lin Jinsan should also enjoy the right to new varieties of "red meat honey pomelo" plants. Therefore, it was decided that Lin Jinsan had the right to a new variety of "red meat honey pomelo" and rejected Lin Jinsan's other claims. The Fruit Tree Institute and Lu Xiumin refused to accept the judgment and appealed to the Higher People's Court of Fujian Province.
The court of second instance held that Lim Kim San found the provenance that can be used to cultivate new varieties of "Red-fleshed Honey Pomelo" plants in his orchard, and made due contributions to the later variety selection, variety right application and finally obtaining the variety right of "Red-fleshed Honey Pomelo". Lin Jinsan was listed as one of the breeders in the scientific and technological cooperation agreement signed by the Fruit Research Institute with the outside world and the application for identification of non-main crop varieties in Fujian Province submitted to the Fujian Non-main Crop Variety Identification Committee. Therefore, in the breeding process of "red meat honey pomelo" in this case, the Fruit Research Institute has always regarded Lin Jinsan as a * * * co-educator. "Regulations on the Protection of New Plant Varieties" stipulates that the ownership of variety rights in entrusted breeding or cooperative breeding shall be agreed by the parties in the contract; If there is no contract, the variety right belongs to the unit or individual entrusted to complete or complete the breeding. Lim Kim San, as a breeder of "red meat honey pomelo", should also enjoy the variety right. Therefore, the appeal was dismissed and the original judgment was upheld.
Typical significance this case involves a common problem in the dispute over the ownership of new plant varieties, which has a high degree of social concern. The judgment of this case is of great significance for how to reasonably protect the legitimate interests of provenance discoverers and substantial participants in breeding activities according to law.