Recently, court of Shanghai intellectual property with respect to two accuser Wo Erwo? The enroach on exterior that the company sues Lasiteweigena designs patent dispute desk to make first instance adjudicate, sentence your the enroach on that two the accused stop the outward appearance that to accuser Wo Erwo company enjoys to design patent instantly, collective compensation accuser two cases are aggregate pecuniary loss and reasonable expenditure RMB 780 thousand yuan. Plaintiff is foreign accredit delegate expresses after adjudge, shanghai knows to produce a court of justice is China is in not only build very efficient and know successfully to produce execute the law the model of a model that environmental respect obtains tremendous progress, and a model that also is the whole world.
Accuser is the world's banner car manufacturer, the exterior of many car domain designs hold patent. September 2012, accuser applied for a name to be to bureau of intellectual property of country of People's Republic of China " rearview mirror " , " car header board " exterior design is patent, obtain authorization.
Accuser says, its discover two the accused are in 2015, exhibited the product that patent of case of experience of enroach on accuser all exhibited on the meeting 2016, give out a lawyer twice to case to two the accused then, two the accused all issue confirmation, acceptance stops tort, but all fulfill not actually, and succeed add shows product of experience case tort on its website. July 2016, accuser agent comes plant area of two the accused, after the spot obtains propagandist book, negotiate through mail means is bought tort product objective.
Accuser thinks, afore-mentioned tort behavior of two the accused affect the production of product of patent of accuser experience case badly already to sell, undesirable effect produced in accuser client, caused significant loss to accuser. Two the accused have collective meaning contact and action with respect to tort behavior, and belong to repeat tort, baleful tort, reason accuses to the court the request is sentenced your two the accused stop enroach on accuser instantly exterior of two experience case designs patent, pecuniary loss of accuser of collective compensation and reasonable expenditure two cases add up to 1 million yuan.
Two the accused think, two the accused fasten independent legal person, among them a company did not carry out any accuser to appeal to the experience record behavior that say, another company also only promise sale, sold product of tort be accusinged, did not carry out the conduct that makes product of tort be accusinged.
After Shanghai knows to produce a court to try, think, accuser fastens the patent person of patent of two experience case, two patent still are in significant position at present, any units or individual are permitted without accuser, must not carry out its patent. Classics comparing is right, the exterior design of two patent is in the exterior of product of tort be accusinged of experience of two cases place and accuser the join relation between integral appearance, structure and each structure, specific figure and distributing on homogeneous phase is the same as, experience of two cases place is accused tort product all falls into accuser respectively the protective limits with two exteriors patent design.
Because two the accused are avowed,is relative concern between its partner, and the ground of industrial and commercial registration book of two the accused all is in same a city is same a town, this shows relationship of two the accused is close, ought to witting each other management behavior; In the meantime, the font size in name of two defendant company is same, mix in the website all did not make clear in the conduct propaganda of propagandist book divisional and both it is different management subject, afore-mentioned facts also but farther confirm the management behavior confuse sth with sth else of two the accused. From what the accused makes see on propagandist book, the accused is with be being accused tort product produced the identity of business to carry out promise to sell behavior. On the notarial deed that offers from accuser and the accused website fair shown information can prove the accused sets manufacturer area, its have the scope of operations that produces car fittings not only, returned the identity that with be being accused tort product produces business to carry out promise to sell behavior, can maintain two the accused to be carried out jointly according to on record evidence make, promise sale, sale is accused the behavior of tort product.
The loss that fails to offer evidence to because tort is sufferred,prove its in view of accuser and of two the accused gain profit illegally, and can consult without patent license cost, the element take into consideration the circumstances such as the property of the tort deed that patent of case of the kind that Shanghai knows to produce patent of case of forensic basis experience, experience is realizing the value proportion that holds in product profit, two the accused to carry out and clue compensates for the forehead certainly.
