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A judicial confirmation had been reached recently by Yangpu District Court on the administrative mediation agreement between Shanghai Chongming Green Food Production and Marketing Federation (hereinafter referred to as Green Federation) and Shanghai Z Chinese Herbal Medicine Planting Professional Cooperative (hereinafter referred to as Cooperative). This is the first case of judicial confirmation ruling of intellectual property rights related to Shanghai Flower Expo.
The Green Federation reported to the administrative organ that the Cooperative used the word "Chongming Rice" on the outer packaging of its the rice products and sold the product in the agricultural product store of the Flower Expo Park. The relevant sign was suspected of non-standard use of the geographical indication.
On June 22, the parties involved reached an administrative mediation agreement, which stipulated that the Cooperative shall immediately stop the non-standard use of the "Chongming Rice" geographical indication certification trademark on its rice products, and guarantee not to infringe the exclusive right to use the registered trademark of the Green Federation. In case of violating the agreement, a penalty of 10,000 yuan will be paid to the Green Federation. On the same day, both parties jointly applied to Yangpu Court for judicial confirmation of the administrative mediation agreement, which was accepted online by the court and the court made a civil ruling, confirming the validity of the administrative mediation agreement.
It took only 10 working days from the discovery of infringement to the conclusion of administrative mediation agreement and judicial confirmation. The organic connection and coordinated protection of administration and justice not only efficiently protected the interests of the obligee, but also standardized the market order of licensed goods involved in the Flower Expo.