Chinese marked the biggest intellectual property infringement 29th in Zhejiang Wenzhou first instance. Chint group of Chinese private enterprises in this field with the World contest of low voltage electrical giant Schneider, Schneider was Wenzhou City intermediate people?s Court of first instance to immediately stop acts of infringement of intellectual property, and compensate the chint group of more than $ 330 million.
is located in Wenzhou of are Thai group company limited last year August to patent infringement for by, will Schneider electrical low pressure (Tianjin) Limited (Schneider de in China joint venture company, Schneider de accounted for 75% shares) and Ningbo free trade zone Republika up electrical device limited, and Ningbo free trade zone Republika up electrical device limited Yueqing min company (Schneider de dealer) will Shang Court, requirements Schneider immediately sale and destroyed 5 a model of infringement products, $ 330 million and made high claims. The claim is the subject of hit a top price of China?s intellectual property cases.
zhengtai Group Legal Director Xu Zhiwu, Schneider 5 product C65a, C65N and selling, C65H, C65L and EA9AN who violate the chint group a patented utility patent numbers ZL97248479.5.
known as ?a high-breaking miniature circuit breaker? patent by the chint group in November 1997 to the China State intellectual property office, and obtained patents in 1999. Xu Zhiwu said that enterprises based on the patented NB1 products once launched has been a good market effects, but Schneider?s Abendkleid behavior has seriously violated their interests.
he said Schneider at August 2, 2004 to total production and sales of such infringing copies more than 883.6 million Yuan, through its escalation of industry and commerce, taxation departments product profitability calculation, 334.8 million Yuan profit.
Schneider believes that Cheng Tai to the patent is invalid. And during the proceedings submitted requests to the SIPO Patent Reexamination Board determines that the request of the patent is invalid, but was rejected.
Xu Zhiwu, as most authority on Chinese intellectual property review body, patent reexamination Board on the Thai patent effective administrative judgment, chint overcome strong basis for Schneider.
through two sessions and a number of audit evidence Exchange, sales and profits, Wenzhou City intermediate people?s Court announced on 29th first-instance verdict, judgment from the date of entry into force of the two defendants at the request immediately to cease patent infringement acts, and defendant Schneider to the effective date of this judgment plaintiff chint group loss of $ 330 million in compensation in the 10th.
in this regard, Schneider says it is not satisfied with. Its authorized agent Ding Chen, lawyers said patent is valid is the legal basis for the lawsuit between the two sides, but the patent reexamination Board of the judgment are not final effective legal ruling.
, Schneider has the judgement to the Beijing first intermediate people?s Court of the patent reexamination Board to bring administrative proceedings, and on September 24 hearing, but the Court has not yet made a final decision.
Ding Chen said on his personal opinion, Schneider would appeal within the prescribed period.
understand, it not first case between Schneider and chint. According to the chint Group introduced, Schneider in Beijing as early as 1999 lawsuit, accusing zhengtai two product violated their patents. Since 2004, Schneider in Europe, Germany, and Italy, and France and other countries have filed more patent infringement claims against zhengtai.
according to Zhejiang Province intellectual property Bureau revealed that beginning in 1999, Schneider has been sued in a foreign country is Thai 18 cases of patent infringement; domestic prosecution patent infringement case of chint 6.
Beijing Han Ding United lawyers Liu Daochen lawyers said victory in Thailand in this patent infringement dispute, breaking the rival companies and transnational corporations in the process of mental weakness, is the concrete expression of China?s private enterprises ? awareness.
expert, with the rapid development of China?s foreign trade, intellectual property rights in the trade dispute will become more prominent. Chinese trade competitors will take advantage of its intellectual property advantage, on the competitiveness of Chinese enterprises increasing suppression. Chinese enterprises should at an early stage.
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