The court and EMOMO TECH CO.,LTD jointly crack down on Patent Infringement

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On January 29, 2015, the Intermediate People's Court of Foshan City, Guangdong Province filed a dispute over the infringement of the patent rights of EMOMO TECH CO.,LTD (hereinafter referred to as EMOMO Company) against Daliang Weiming Electric Appliance Co., Ltd. (hereinafter referred to as Weiming Company) in Shunde District, Foshan City. The case made (2014) Fo Zhong Fa Zhi Min Chu Zi No. 448 Civil Judgment, ruling that Weiming Company was established for patent infringement, and compensated EMOMO Company for economic losses of RMB 100,000. Weiming Company refused to accept the judgment and appealed, and the Higher People's Court of Guangdong Province issued a Civil Judgment (2015) Yue Gao Fa Min San Zhong Zi No. 238 on November 30, 2015, and the original judgment was upheld.

2         The design patent involved in the case (patent number ZL201330084210.X) was exclusively authorized by Tang Wenji, a shareholder of EMOMO Company, to EMOMO Company, and has been filed with the State Intellectual Property Office with the license record number of 2013440020438. Due to the unique conception of the patented product and the breakthrough and original style in the field, the company has exhibited and promoted it at domestic and foreign exhibitions for many times, and the patented product has also attracted the attention and love of many customers. The design products produced and sold by the company have achieved great commercial success. Weiming Company produced, sold, and promised to sell a large number of alleged infringing products without any authorization or license, and the products were identical or similar to the patented products involved. The infringement of Weiming Company is not only a disrespect to the intellectual achievements of the company, but also caused great economic losses to the company.  
  Paragraph 2 of Article 11 of the Patent Law of the People's Republic of China stipulates that after the design patent right is granted, no entity or individual may implement the patent without the permission of the patentee, that is, it may not manufacture or sell it for production and business purposes. Its design patent products.  
  Article 12 stipulates: Any unit or individual who exploits another's patent, except as provided in Article 14 of this Law, must enter into a written exploitation license contract with the patentee and pay the patentee the patent royalties. The licensee has no right to allow any unit or individual other than the contract to implement the patent. 。  
 

Article 60 stipulates: For the infringement of the patentee's implementation of the patent without the permission of the patentee, the patentee or the interested party may request the patent management authority to deal with it, or directly file a lawsuit in the people's court. When handling the matter, the patent management authority has the right to order the infringer to stop the infringement and compensate the loss; if the party is not satisfied, he may file a lawsuit in the people's court within three months from the date of receipt of the notice; The organ may request the people's court to enforce it.

Article 63: Whoever counterfeits another's patent shall be dealt with in accordance with the provisions of Article 60 of this Law; if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility according to the provisions of Article 127 of the Criminal Law.

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  Experts say:   In the era of knowledge economy, intellectual property, as a strategic resource for an enterprise and even a country to improve its core competitiveness, has an unprecedented important position. Intellectual property rights are the exclusive rights enjoyed by individuals or collectives over the spiritual wealth they create in the fields of science, technology, literature and art. Intellectual property is an intangible property right. Enterprises will inevitably invest a lot of manpower, material resources and financial resources to develop products. If new products are not effectively protected, competitors will obtain the production technology at low cost through imitation, duplication, reverse engineering, commercial espionage and other improper means. In order to produce new products to participate in market competition. For enterprises, on the one hand, they must protect their own products and increase their intangible assets; on the other hand, they must defend against infringement by others. Intellectual property is the proof of an enterprise's ability to innovate. The company will increase its efforts to combat patent infringement while improving the company's intellectual property system. It is shameful to imitate and copy other people's products. Such enterprises should be eliminated by the society. , and the products produced by such enterprises are also without any guarantee. Protecting intellectual property rights is everyone's duty.