Jiang Ying
Jiang Ying
Jiang Ying, female, born in 1968, Han nationality, from Longkou, Shandong Province, started work in July 1994, joined the Communist Party of China in January 1997, graduated from University (law major of Renmin University of China), with a master of law.
He is currently vice president, member of the judicial committee and judge of Beijing Internet court.
Biography of characters
In 1994, he received a Bachelor of engineering degree in mechanical manufacturing technology and equipment and a Bachelor of law degree in intellectual property.
In the same year, he joined the Beijing No.1 Intermediate People's court and successively served as secretary, judge and chief judge.
From 2001 to 2002, he studied in the UK and obtained a master's degree in international comparative law from the school of Asia and Africa, University of London.
He once served as the president of the second intellectual property trial division of Beijing No.1 Intermediate People's court.
Judge of Beijing first intermediate people's court, assistant to the president of intellectual property court.
Vice president of intellectual property division of Beijing first intermediate people's court.
In August 2018, vice president, member of the judicial committee and judge of Beijing Internet court.
Appointment and removal information
In August 2018, Jiang Ying was appointed Vice President, member of the judicial committee and judge of Beijing Internet court.
Judge's career
He has presided over nearly 200 cases of intellectual property disputes, most of which are foreign-related, difficult or new types, and have great influence in all walks of life. Her trial of the case of "Shangri La" and "Yefeng" design conflict with trademark rights is the first case in China to request invalidation of design patent on the ground of conflict with prior rights according to the revised Patent Law. Because there is no precedent to follow, it brings difficulties to the trial of the case. Through reading a large number of relevant papers, on the basis of a detailed understanding of the legislative background and a correct understanding of the legislative intent, she proposed to follow the basic principles of protecting prior rights, and confirmed that the act of applying for a design that conflicts with other people's prior well-known trademarks is an immediate infringement, which constitutes an infringement of trademark rights, and has been supported and affirmed by the collegial panel. The judgments of these two cases have been highly valued and praised by experts. In China Patent and trademark magazine published in Hong Kong, someone wrote an article and commented: "the judgment of Shangri La case provides a classic case for solving the problem of conflict of rights in the field of intellectual property rights, and opens up ideas for the problem that has plagued the industry for a long time.".
The copyright infringement and unfair competition cases of Sohu and Sina, the two major Internet portals in China, involve 72 mobile phone pictures and 7 articles' rights ownership and infringement identification, as well as damage to the business reputation of competitors, which are widely concerned by the society. The legal relationship involved is complex, and there are many evidences. The court trial alone lasted for three days, and the workload is very large. As the undertaker, Jiang Ying carefully read more than 20 volumes of the case files, carefully studied the facts of the case, and put forward a reasonable solution, so that the case could be successfully solved and widely reported by the major media in Beijing. In the first case of confirming non infringement of trademark right involving "Peter Rabbit" trademark in China, she visited the relevant departments of the industry and Commerce Bureau and the Trademark Office for many times, consulted the relevant experts, consulted a lot of materials, and studied with the collegial panel for many times. In the absence of legal provisions, she clarified the preconditions for initiating a lawsuit of confirming non infringement for the first time in the form of a case . In the case of Qin Shaoyin suing Beijing Rongbao Auction Co., Ltd. for infringement of copyright, she applied the basic principles of copyright law and creatively put forward the principle that using works for auction without permission of the author does not constitute infringement of copyright.
personal honor
In 2007, he was employed as an expert of Online Dispute Resolution Center of China International Economic and Trade Arbitration Commission; in 2008, he was employed as a member of intellectual property protection professional committee of China Intellectual Property Research Association and a director of intellectual property law professional committee of China Law Society; in 2009, he was employed as a Postgraduate Tutor of international law major of China University of political science and law. Due to outstanding achievements, many meritorious service awards. He has been awarded the third class merit for two times, one was awarded the excellent judge of the capital court, one was awarded the trial quality award of Beijing No.1 Intermediate People's court, many times was awarded the outstanding communist party member, hospital level commendation, advanced individual of publicity work, in 2008 was awarded the honorary Title of "advanced individual of Beijing special action to protect Olympic intellectual property rights", in 2009 was awarded the "people's satisfaction Award" of Beijing "Police of politics and law".
In April 2018, he was awarded the title of "national trial expert" by the Supreme People's court.
On February 25, 2021, he was awarded the title of "national March 8 red flag bearer".
Publication of works
He has participated in the compilation of "comments on famous cases of intellectual property rights" (1) (2) (3), "judicial practice of intellectual property rights", "compensation litigation", "intellectual property damages" and other works, and has published more than 200000 words of articles in various newspapers and magazines.
Chinese PinYin : Jiang Ying
Jiang Ying
