Setting precedents in IP law

In April this year, the Supreme People's Court released the highly anticipated Top 10 IP Cases of 2011 (2011年知识产权保护十大案件发布) alongside the Annual Report (See page 41 for translation and 60 for Opinion). First released in 2008, the Report and List have become one of the most valuable resources for IP owners and practioners. The List includes 10 cases selected by the SPC and heard by courts nationwide, while the Annual Report selects 34 cases retired by the Supreme Court. Five different law firms provide their comments on five of the top 10 cases. They consider why the SPC chose this case and what precedent it sets.

3Q Unfair Competition Dispute / 3Q之争引发的不正当竞争纠纷案

The Supreme Court dubbed this case the 3Q dispute as the names of the software all include the letter Q. Antivirus company Qihoo 360 sued Tencent's QQ messaging service for its bundled privacy protection software, arguing that it constituted unfair competition. The dispute aroused much public attention and debate as it involved two of the largest online companies and reflects online market competition trends. The industry hopes the outcome will set a precedent for future cases, guiding market players towards enhancing competition on a lawful and orderly basis.