On April 25, when recently of intellectual property of the 19th world is faced, shijiazhuang quadrangle holds intellectual property to try working press conference, introduced Shijiazhuang quadrangle intellectual property ruled the job develops a case 2018 intercurrent cloth typical case.
-- typical case --
Net inn sells sham and patent product
Accuser Zhang Mou is the name is " one kind new-style red bug is bound implement " patent date is ZL201620416669.3 the patent person of practical and new-style patent. Some trade company is peaceful county of the accused respectful day cat website " fierce dragon spends river flagship store " net store operator. On April 4, 2018, the attorney of accuser Zhang Mou is in day cat website " fierce dragon spends river flagship store " buy " the bait on stainless steel implement + leather muscle 1500 + red bug box " . Classics comparing is right, have on bought commodity outer packing " spouse of the four seas " , " the bait on red bug implement " , " patent product prevents bogus to need investigate " model of written characters, mark has patent number 201620416669.3, did not produce manufacturer and manufacturing address. Accuser Zhang Mou advocates the accused stops action of sham accuser patent to recoup cost of Ji Weiquan of accuser pecuniary loss.
-- juridical result --
Stop to sell product of sham accuser patent to be compensated for
Shijiazhuang quadrangle thinks via cognizance, accuser Zhang Mou fastens patent date to be ZL201620416669.3 " a kind new-style red bug is bound implement " practical and new-style patent person, during patent is valid, get protection of our country exclusive law. The experience case product of sale of some trade company tags peaceful county of the accused respectful have accuser patent number, did not produce manufacturer and manufacturing address, fasten product of sham accuser patent, violate accuser patent. Some trade company ought to stop peaceful county of the accused respectful sale product, recoup accuser pecuniary loss. Although the accused referred the net of as outdoors as elegant Jie fishing tackle to go up chatting record and trade record, but the evidence that cannot submit product of case of the accused experience to fasten lawful origin, its argue says the reason that has lawful source does not grant to adopt.
Adjudicative result: Some trade company stops peaceful county of the accused respectful those who sell date of sham accuser patent to be ZL201620416669.3 " a kind new-style red bug is bound implement " product of practical and new-style patent recoups pecuniary loss of accuser Zhang Mou.
■ civil / Heibei youth signs up for reporter Li Yuan
■ editor / Zhao Sai
