A Company that Infringed EMOMO`s Patent, Asks for A Settlement
EMOMO TECH CO.,LTD was the plaintiff in this case, EMOMO is the patentee of designs patent number ZL201330487711.2, Wenji Tang is the patentee of designs patent number ZL201230479470.2. She is one of the major shareholders, and give EMOMO an exclusive license. This was report to the State intellectual property office. These products are loved by customers for its innovative design and high quality. EMOMO have participated in many exhibition and its products are exported to all over the world.
The defendant was a company in Jiangsu . The defendant without the authorization of the patentee, exploit the patent, that is, make, sale or import the product incorporating plaintiff patented design, for production or business purpose.
EMOMO brought a lawsuit in Shenzhen City Intermediate People`s court on November 12,2015, the company have made apologize many times to EMOMO and promise no longer to exploit EMOMO`s patent. After negotiation, we were agreed with settle out of court. The company promised that no longer make, sell or offer to sell his exploit products, and compensate for EMOMO`s lose once.
Article 11: After the grant of the patent right for a design, no entity or individual may, without the authorization of patentee, exploit the patent, that is, make, sale or import the product incorporating plaintiff patented design, for production or business purpose.
Article 12: Any entity or individual exploiting the patent of another shall conclude with the patentee a written license contract for exploitation and pay the patentee a fee for the exploitation of the patent.The licensee has no right to authorize any entity or individual, other than referred to in the contract for exploitation, exploit the patent.
Article 60: Where a dispute arises as a result of exploitation of a patent without the authorization of the patentee, the patentee or any interested party may institute legal proceedings in the people`s court, or request the administrative authority for patent affairs to handle the matter. When the administrative authority for patent affairs to handing the matter considers that infringements established, it may order the infringer to stop the infringing act immediately. If the infringer is not satisfied with the order, he may, within 3 months receipt of the date of notification, institute legal proceedings in the people`s court. If, within the said time limit, such proceedings are not instituted and order is not complied, the administrative authority for patent affairs may approach the people`s court for compulsory execution.
Article 63: Where any person passes off the patent of another person as his own, he shall be ordered by Article 60, where the infringement is serious, the directly responsible individual shall be investigate criminal responsibility, according to the Article 127 of criminal law.
With the market economy developing, market economy is legal economic, however, once products has the property rights can get the legal protection. As for these companies with low technical content, it is vital to attract customers through packaging. So, many fake products will be produced. But these will brought to justice finally, the products have no protections. EMOMO make full use of the Patent Law to protect ourselves rights. When our patent right be infringed, we protect our technical and products through law. This action let infringer cease the acts of infringement and offer compensation, at the same time, it maintain the dignity of the law and fight against infringements.