Cover News - West China Metropolis Daily "Qinghuajiao" reporting group
On November 8th, the 23rd China Journalists' Day, The 32nd China News hosted by All China Journalists Association Awards selection results announced. China News Award, as the highest-level news award in China, this year set up the Public Opinion Supervision Report Award for the first time, and the Huaxi Metropolis Daily won the award for the series of reports on "The store recruited 'Qinghuajiao' and became a defendant".
Last year, from Chengdu, Guang'an ... to Shanghai and Beijing, the "Qinghuajiao" reporting team obtained an exclusive response from the core parties in Shanghai through visits and investigations, and instigated various forces to " The "green pepper" incident spread to the whole country. After unremitting efforts, the store sign of "Green Pepper" was re-posted, merchants sent pennants to the cover news, and the "Green Pepper" case was also written into the Supreme Court work report.
reporters picked up their pens, supervised reports through public opinion, promoted "good law and good governance", and maintained fairness and justice. Today, the reporting team once again used words to share the stories behind the "Qinghuajiao" report and those unforgettable "famous scenes".
A number of "green pepper" stores in Sichuan area
"Investigation"
Small businesses are a vulnerable group of intellectual property protection ! On December 23, 2021, after getting the news, our reporting team immediately launched an investigation and investigation, and I also encountered the first "Waterloo" in my interview career.
thought that if I contacted the boss in advance, the interview would go smoothly, but when I arrived at this "green pepper fish" hot pot restaurant located in , , Cuiqiao, I just wanted to raise my phone to take some footage, but was stopped by the owner and his wife who suddenly appeared. I went down and became hostile to a stranger I had never met, "What are you filming, who sent you here!" The violent words of the two made me terrified. They reluctantly believed it after showing their credentials to explain their origins. Why is
so resistant to interviews? The owner and his wife explained the reason. Recently, they have received frequent calls from the court and lawyers. It is difficult to distinguish the real from the fake. They still don't understand: "Why are they accused? The green pepper fish is obviously a dish in Sichuan?"
I also learned from the shop owner that there are many "green pepper" shops in Sichuan that have been "suffered", but they They do not know how to use legal weapons to protect themselves, and some have even lost money, so they spontaneously set up rights protection groups. After our first round of reports, the incident was further fermented and attracted the attention of more departments.
"Arrival"
squatted on the spot to find out the exclusive truth of the "green pepper infringement case"
reporter Zhu Ning Li Qing
During the investigation of the "green pepper rights protection case", he learned that the litigant was Shanghai Wancuitang Catering Management Company (hereinafter referred to as "the "Green Pepper Rights Protection Case"). After Wancuitang”), on the evening of the 23rd, my colleagues and I started packing and went to the Shanghai Wancuitang headquarters as soon as possible.
interviewed the parties directly, and it was expected to be closed door. When we got to the core of the incident, we had no reason not to explore the truth of the matter.
Shanghai Wancuitang's exclusive reply to the cover news - West China Metropolis Daily
The first time we closed the door, then we visited the second time, and the second time still failed, then we stayed at the door of the company, although the results of the visit were "I don't know" , "I don't know", "I haven't heard of it". We believe that, whether it is the professional quality of journalists or our unique "West China Iron Army" spirit, we all require me to face difficulties, solve them, and finally find out the truth of the matter.
Maybe it was our squatting that made Wan Cuitang see that we couldn't "send us away" without a direct response, or maybe it was because of the pressure of public opinion that Wan Cuitang understood that he had to give the victim an explanation. In the end, Wan Cuitang finally confronted it directly. We gave an exclusive reply from West China Metropolis Daily and the cover news: "I am deeply sorry, all the lawsuits are withdrawn"!
"Focus"
Intellectual Property Rights Protection Assistance "The Road is Obstructed and Long"
ReporterAfter Wu Bingqing's
"Tongguan Roujia Mo" and " Xiaoyao Town Hu Spicy Soup " trademark litigation and rights protection case, "Qinghuajiao" also suffered the same fate. This kind of thing seems to be "spread", but it also reflects the "long road and long road" in terms of intellectual property rights protection assistance. As a merchant,
does not know how to protect their rights and interests. Before that, what they did was to respond passively. After the reporters intervened, we gave them advice: find Sichuan Intellectual Property Service Promotion Center , where they can seek professional assistance. While helping businesses prepare to apply for assistance, as a running reporter, I also contacted Sichuan Intellectual Property Service Promotion Center for the first time. After
got through the "barrier", everything went smoothly. The Sichuan Intellectual Property Service Promotion Center instructed the Rights Protection Assistance Office and the Innovation Service Office, together with the Sichuan Intellectual Property Protection Center, to immediately launch an emergency response plan for intellectual property rights protection assistance, and to select an expert group from the trademark field of the registered intellectual property rights protection assistance expert database to provide relevant information. Conduct research on trademark litigation cases and provide professional guidance and advice in a timely manner.
has a "think tank", and businesses have a direction to protect their rights, and the expert group provides legal services for the public good. Although intellectual property rights protection assistance is a long process, when rights protection awareness and relevant legal knowledge penetrate into more corners of society little by little, I think the intellectual property "ecosystem" can be more complete and healthy. This is also the meaning of "bad things become good" in events such as green peppercorns.
The second-instance trial of the "Qinghuajiao" case
"Witness"
I witnessed the word "green" re-listed in the shop sign
Reporter Gou Chun
On January 22, 2022, a brand new word "green" returned to Ms. Yang's house on the signboard. On this day, Ms. Yang didn't have the bad feeling when she first met, and she didn't have any worries before the court session. She was just confident and determined. She said in front of the camera: "Today, my 'green' character is finally back."
A month ago, I went to Zou Yujiao Green Pepper Fish Hotpot in Wenjiang District (formerly known as "Wenjiang Wu Apo Green Pepper Fish Hotpot Restaurant") and saw that the word "green" on the original sign had been removed, and the interior decoration, menu, etc. The "green" character of 'green' has also been removed or blocked in various ways. The owners, Ms. Yang and Mr. Zou, told me about their recent encounter. Ms. Yang, the owner of
, said that a company brought them to court for "a dispute over trademark infringement" because the store had "green peppercorns." At first I thought it was a scam, but the couple panicked until they were confirmed. However, they believed that "green peppercorns" were just a condiment, and their store did not want to highlight the green peppercorns, so they only went to court with the notes they had prepared for many days during the court session.
's first-instance verdict was unsatisfactory. They needed to compensate the plaintiff a total of 30,000 yuan and stop using the word "green pepper" on the store sign. Ms. Yang refused to accept the verdict and appealed. After media reports, the second instance of the case received widespread attention. After the verdict was changed in the second instance, Ms. Yang was very excited. At the end of the trial, she told me that the word "green" had been added to the re-production shop, and they would hang it up after the production was completed and the verdict was obtained.
The word "green" of "Qinghuajiao" is coming back to the store
"Honor"
The power of public opinion supervision and reporting Xing sent me a message saying that the "Qinghuajiao" incident was over. In order to thank you for your help, the merchants discussed making a pennant for us. On the 24th, Sister Tang sent this banner with the words "Upholding the truth, defending the right and wrong for the people", everyone was very happy, and the banner also explained the effectiveness of this report, which made me feel the power of public opinion supervision and reporting. !
The defendant businessman presented a pennant to the cover news
Sister Tang is the party I have been following up for interviews. When I first contacted her, Sister Tang was a little wary. After checking our documents, she began to reveal her heart slowly. She was very distressed. Why did she get into a lawsuit when she started a small business by herself?
In order to seek help for the merchants, our colleagues from various lines also contacted their respective resources. Sichuan Pepper Industry Development Promotion Association, Sichuan Intellectual Property Service Promotion Center, and lawyers have all offered their help.Among them, Sichuan Higher People's Court also quickly paid attention to this case. With the second instance verdict settled, the merchants finally let go of their hearts.
Now, Sister Tang has re-rented a shop in another location, and the "Green Pepper Fish Hotpot" has opened again. I am sincerely happy to see her sharing the lively scene of the shop in the circle of friends.
"Meaning"
Interpretation of "Typical Cases" to Promote the Rule of Law in the New Era made a report on the work of the Supreme People's Court to the General Assembly, and the "Qinghuajiao Rights Protection Case", which has attracted much attention, was included in the report. The report is clear - I do not support such "touching porcelain" rights protection, which makes me and my colleagues who have worked hard to report the case happy.
planned the "New Observations of the Two Sessions" and achieved good dissemination results
reviewed the report on the Qinghuajiao case, and after my colleague interviewed the "Qinghuajiao rights protection case", I, as a reporter of the Supreme Court, thought that this was of great significance for promoting intellectual property protection. After many times of communication and struggle, I exclusively interviewed Feng Xiaoqing, a researcher at the Supreme Court Intellectual Property Judicial Protection Research Center and a professor at China University of Political Science and Law, for an authoritative interpretation. It provided more legal basis for the second instance revision of the dispute between Wan Cui Tang and Wu A Po Hotpot Restaurant, and also laid the foundation for the Supreme Court to take this case as a typical case for many times.
In April, the Supreme Court held a press conference to name the "green pepper" case. The Supreme People's Court stated that it pays attention to the fair and reasonable determination of the boundaries of rights, and strengthens the crackdown on malicious squatting of trademarks. I think that as a reporter, we need to disseminate and discuss the value and significance of cases from individual cases, and jointly promote the process of China's rule of law . As a typical case in intellectual property rights, the "Green Pepper Rights Protection Case" will have a far-reaching impact on the fair use of trademarks in the future.
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