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The lawsuit that lasted 3 years, company of tiger of nimble leopard road sued be related of car of river bell land wind to have final conclusion eventually, river bell land wind loses a lawsuit, tiger of nimble leopard road won.
The intermediary outside the much home such as Reuter reports, court of district of Beijing rising sun ruled recently, the car of land wind X7 that car of Chinese river bell produces, 5 models are designed was to borrowed directly Lu Hu pulls the design that gets the better of aurora, cause in consumer promiscuous, give orders river bell car must instantly stop production.
Decide according to the court, the production of car of land wind X7, sale and sale promotion should stop instantly. More important is, river bell car is returned must pay compensation to company of tiger of nimble leopard road, specific amount did not appear in the newspaper.
The court is contrasting discovered tiger of 5 part way pulls after two cars get the better of the design with auroral particular place: Window of identical bodywork, roof, car, side panel and tail lamp.
After adjudication is announced outside intermediary reports in succession, respect of tiger of nimble leopard road is in make a response for a short while, chief of department of general affairs of this corporation law base think of? Benjamin (Keith Benjamin) says, they express to welcome to this one adjudication, this meeting increases them to concern the confidence that intellectual property case adjudicates on to Chinese court further. Its still express: "This one adjudication is clear that the ground makes clear, law got be executived appropriately, in order to protect consumer, uphold their right, make they not by promiscuous or misdirect, at the same time protective enterprise is designing the investment with innovation respect. At the same time protective enterprise is designing the investment with innovation respect..
So far, model of X7 of brand of the land wind below division of river bell car borroweds Lu Hu is pulled get the better of aurora one case, declare ruling holds water. This case also will regard China as own car brand " mountain fastness history " a great and classic case, vigilant and own brand do not follow the same old disastrous road, everything is imitated, the design of mountain fastness is met very likely by accuse, and the successful rate of tort be accusinged is no longer " 0 " .
Actually, road tiger shape accuses river bell car to be able to be divided for two parts, one part is the patent with hep people disables, another part is to borrowed.
Lu Hu is pulled get the better of aurora and patent of land wind X7 to all be disabled to had given a ruling in June 2016, but there also is a small episode later.
Because exterior design is approximate,Lu Hushen asks patent of invalid land wind is, succeeded. And land wind files patent of invalid road tiger, because auroral model appears in China first,be was December 2010 Guangzhou car is exhibited, dan Luhu is auroral model patent application is in November 2011, novel sex protects 6 months that already exceeded time limit, accordingly novel sex was destroyed, land wind disabled successfully the patent of road tiger aurora. Substantial, lu Hu in this respect really carelessness.
Land wind is dissatisfactory at that time, we design manufacturing model to have own intellectual property, you say " is the design approximate " doesn't that admit to borrowed namely? Then, land wind will rule in court of Beijing intellectual property patent is invalid " patent reexamine committee " accused, the requirement restores the patent of land wind X7.
Cannot think of, this accused land wind to succeed actually, land wind patent revives again, had been March 2018 at that time.
Lu Hu and patent reexamine committee at that time dissatisfactory also, appeal reachs Beijing senior people court. November 2018, beijing is advanced people court 2 careful adjudication, with both patent the design was not achieved have clear distinction for, disable land wind patent again.
In other words, no matter how land wind revolts, already was suspected of borroweding.
Here begins to say another share, what rule land wind borroweds today namely is crucial. Lu Hu is while invalid land wind is patent, land wind was sued formally in court of district of Beijing rising sun in June 2016, content involves land wind to encroach Lu Hu's intellectual property, be suspected of unfair competition.
Intellectual property included exterior patent, copyright to wait, pull as to land wind X7 and road tiger get the better of the relation between aurora, believe the netizen also knows resolution; Unfair competition, although brand fixed position and price do not have relation of too big competition, but bring about consumer whether easily " promiscuous " , this are very crucial.
Last near 3 years lawsuit, court of district of Beijing rising sun made a ruling recently, the car of land wind X7 that car of Chinese river bell produces, 5 models are designed was to borrowed directly Lu Hu pulls the design that gets the better of aurora, cause in consumer promiscuous, give orders river bell car must stop tort instantly, stop production of X7 of cash land wind stops carry out.
Land wind alleges ceaselessly have own intellectual property, still carry on the back finally " borrowed " renown, by the history and people engrave.
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