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Source: Shanghai Putuo District People’s Court
On the afternoon of November 28, the Putuo District People’s Court (hereinafter referred to as the Putuo District People’s Court) held a press conference to release the “Typical Cases of Optimizing the Business Environment of the Shanghai Putuo District People’s Court in 2024” (hereinafter referred to as typical cases) and “Typical cases) and”The Putuo District People’s Court adhered to and developed the “Fengqiao Experience” Trial White Paper “(hereinafter referred to as the White Paper) in the new era of intellectual property disputes.
At the meeting, the Putuo District People’s Court released a number of typical cases, covering multiple dimensions such as the protection of new formats, the maintenance of corporate rights and interests, and the norms of market order.
For example, in the case of a dispute between the digital collection contract contracts, the Putuo District People’s Court conducted a useful exploration of the legal border of the digital economy with an open and inclusive judicial perspective.In the case of contract disputes in intellectual property permits, the Putuo District People’s Court proposed a “one -sided” resolution model with a systematic thinking, and found a balance between protecting scientific and technological innovation and practicing judicial justice.
Case 1
Determine the validity of digital collections to protect new quality productivity——The Tang Mouhong and a science and technology company in Shanghai
Case Introduction
In August 2022, Tang Mouhong learned that digital collections in mobile apps operated by a technology company operated by Shanghai in Shanghai, and Tang Mouhong downloaded the application software registration as a user.From August 2022 to December 2022, Tang Mouhong consumed digital collections 193598.08 yuan on the application software, and could be used by the “Tianhe Chain” blockchain link address built by a technology company in Shanghai.Check.On December 20, 2022, a technology company in Shanghai stopped the operation of the application software and asked all the buyers to apply for a refund at 20%of the digital collection prices purchased. Tang Mouhong did not agree.Now that a technology company in Shanghai has stopped applying software operation, Tang Mouhong cannot check the digital collections purchased through the “Tianhe Chain” blockchain link address.A macro loss and advocated that a digital technology company and Zhang Mouhua in Chengdu, a shareholder of a technology company in Shanghai, assumed the liability for the company’s debt.After hearing, the Shanghai Putuo District People’s Court believed that Tang Mouhong’s trading behavior of digital collections with a technology company in Shanghai was in line with the nature of the sales contract.The contract does not violate the mandatory provisions of laws and regulations, nor does it violate public order and customs, and it is legally effective.According to the court’s explanation, the parties reached a mediation agreement in court. A technology company in Shanghai, a digital technology company in Chengdu, and Zhang Mouhua returned to Tang Mouhong.A certain burden of a certain Chinese.The legitimate People’s Court of the mediation agreement is confirmed after review.The mediation agreement has been fulfilled.
Referee
The digital collection system web3.0 emerging digital products, based on blockchain technology, will generate unique digital vouchers, which will have the characteristics of artistic characteristics, uniqueness, scarcity and other characteristics.Features of goods.At present, my country’s laws and regulations are not prohibited from the issuance and transaction behavior of digital collections as the object. According to the principle of “the law can not be prohibited” in the field of civil and business, the sale and selling contract with digital collections as the target is legally effective.
Typical meaning
This case is a typical case of the people’s court fulfilling the function of service to ensure the technological progress of the new era and protecting new productive forces.New productivity is the new quality state of productivity in the era of the new technological revolution and the new industry revolution era, reflecting the new changes and new trends of the development of advanced productivity in Chinese society.The development of new productive productivity requires the people’s court to accurately grasp the positioning, give full play to the judicial security function, and properly handle new contradictions encountered.In this case, the digital collection is the incision. On the basis of affirming the effectiveness of its legal level, through the civil mediation method, the dispute between the parties is successfully resolved. In the context of the development of new productivity, the new type of products of the “digital+” form isLegal evaluation and proper protection have also been implemented, and the “Maple Bridge Experience” has also been implemented, realizing the contradictions of actualized resolution, and effectively improving the sense of gain and satisfaction of the masses.
