Recently, the Foshan Intermediate People's Court publicly heard a design patent dispute case at the headquarters of Foshanmei. The defendant claimed that his company’s registered capital was only 30,000 yuan, but this time he lost 35,000 yuan due to infringement cases. In the first three months of this year, Foshan Intermediate People's Court has accepted more than 300 such infringement cases. Case review privately copied production patent rattan sofa 牟利æŸå®¶å…· company was awarded compensation of 35,000 yuan. It is understood that the plaintiff Liang Moupeng obtained the name of "combined furniture (folding chair landscape - sable)" on August 8, 2007. Design patent (hereinafter referred to as the patent in this case). On November 16, 2009, the plaintiff signed a patent exclusive license contract with a private company (the defendant in the case). After the patented product of this case was put on the market, the plaintiff found that the defendant had imitated a large amount of its design products, and publicized, promoted and sold it on the website, and opened the sales department in the salesroom of Block B of Lecong International Furniture City in Shunde District, resulting in the plaintiff. The customer churn is serious. In order to safeguard the legitimate interests, the plaintiff filed a lawsuit in accordance with the law, requiring the defendant to stop producing, selling and promising to sell products of the same or similar design as the design patents, as well as destroying the finished goods and semi-finished products; in addition, the defendant was required to compensate the plaintiff for economic losses of 100,000 yuan and All litigation costs incurred in this case, including the acceptance fee, investigation and collection fees, etc. The defendant believed that the company did not produce furniture for such products. The products sold in the furniture city were not produced by themselves. The reason for writing the invoice was the name of the unit. It was only borrowed by the fellows, and the client did not Profit from it. However, the defendant has not been able to provide any evidence valid for himself throughout the trial. The case was finally settled by mediation between the two parties. After consultations with the court's judges, the defendant finally agreed to compensate the defendant for 35,000 yuan and at the same time bear half of the costs of the lawsuit. Willing to destroy finished and semi-finished products of this type of products. However, when the defendant was interviewed by the reporter after the court, he still stressed that he did not produce such products, and revealed that his company had only registered funds of more than 30,000 yuan, and now the cost of light compensation has reached 35,000 yuan. Court: Regardless of the size of the infringement case, the Foshan Intermediate People’s Court judge Cai Li said that the defendant seems to have only used the plaintiff’s design picture on the Internet, but as long as the defendant used this design picture to engage in any part of sales and production, It constitutes the clean-up of the intellectual property of others. Infringements in intellectual property rights also need to be protected. Infringements, regardless of their size, will have a profound impact on the vitality of enterprises, and they are also a resistance to knowledge innovation. The purpose of publicly hearing such cases is to actively promote the common sense of intellectual property protection with the coming timing of the 12th World Intellectual Property Day, let the awareness of intellectual property protection enter the enterprise, enter the public, and better suppress the occurrence of infringement. . Recommendation: Enterprises should avoid huge losses caused by infringement. Small and medium-sized enterprises have small production scale and low liquidity, so they should pay more attention to intellectual property disputes. The court recommended that all types of enterprises must make relevant inquiries on the national intellectual property patent website before the products are put into production, and ensure that the products they produce and sell do not harm the intellectual property rights of others. The enterprise itself cannot handle such incidents, and must entrust the relevant agents to conduct inquiry and verification. This will avoid paying a higher price for intellectual property disputes. In the protection of intellectual property rights, it is recommended that patent enterprises and production enterprises cooperate with each other to continuously strengthen the strength of enterprises. On the one hand, to ensure that patent enterprises convert intangible assets into tangible assets, and to ensure that existing production enterprises do not waste production resources. Both sides can play the biggest role. Lawyer: Using other people's patent image promotion also constitutes infringement Guangdong Tongfa Zhengcheng Law Firm's lawyer Ou Zhiqiang said that if the small and medium-sized enterprises with limited funds and funds are engaged in the production of related products through the purchase of relevant technologies and data, in order to avoid infringement When the behavior occurs, the company must sign a good agreement with the third party to ensure that it does not infringe the patent rights of others. When specific procedures are implemented, once an infringement is involved, the responsibility can often be borne by a third party. If some companies use their design style pictures that have applied for appearance patents to promote their products on their own websites, such behaviors also constitute infringement. The so-called infringements do not have to be implemented in specific production and manufacturing links. According to the seriousness of the plot, the court can decide compensation within 500,000 yuan. At the same time, the European lawyers suggested that SMEs themselves need to enhance their awareness of intellectual property protection. If they have the ability to innovate independently, they must register relevant patents and form their own brands and registered trademarks.
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