The two lighting products have similar appearances, and there are only some subtle differences. Does it constitute infringement? Zhongshan Lanchen Optoelectronics Technology Co., Ltd. was very similar to the products of Zhongshan Hongbao Electric Co., Ltd. because of the production and sales of the products, and was twice sue by the patentee Ms. Du and the Hongbao Company who purchased the patent.
Before the first lawsuit was finalized, Lanchen Company signed a contract with the Henglan Town Government to sell 2873 street lamps. In March of this year, the Provincial Higher People’s Court found that Lanchen Company was infringing, and it was necessary to compensate the other party for more than 50,000 yuan for the 73-inch street lamp. According to yesterday's understanding, in the second lawsuit, Lanchen Company was ordered by the city's intermediate court to compensate Hongbao Company for 850,000 yuan due to the 2873 street lamp.
Free installation of 73 street lights provoked infringement lawsuits In 2012, Henglan Town carried out energy-saving renovation of street lights on some sections of the Minjiang Highway. On October 22nd of the same year, the town government signed a contract with Lanchen Company, and agreed to convert the 73-inch street light of some sections of the Hengjiang Road of Henglan Town to Lanchen Company for LED lamp head renovation. The contract does not involve cost issues. The government aims to give Blue Morning a display platform without paying any fees.
However, the town government provides free advertising posts for contracted road sections to Lanchen Company for advertising purposes. The free advertising period is 2 years. Blue Morning provides 5 years of free maintenance of the lamp holder.
On November 23, 2012, Ms. Du entrusted a lawyer to apply for evidence preservation from the Shijie Notary Office. She believed that the products of Lanchen Company were infringing. In 2011, Ms. Du sold the patent exclusively to Hongbao Company for 5 years and 300,000 yuan. Her patent, the overall appearance of the ship type, which is highly similar to the blue morning company's lighting products.
Ms. Du complained to the Fast Rights Protection Center about the infringement of Blue Morning. Lanchen Company said that they designed the lighting products in 2010 and started production in the second half of 2011. A total of 300 sets have been produced, and 270 sets have been sold and 30 sets in stock. Of these, 73 were used in the lighting renovation project of the town government.
Due to the unreasonable mediation between the two parties, Ms. Du and Hongbao Company filed a lawsuit with the court in January last year, demanding that the other party stop production and sales of infringing products, destroy and dismantle the installed lighting, compensate Ms. Du and Hongbao Company for 100,000 yuan and stop the infringement. The reasonable expenditure is 4,100 yuan.
Does the product nuance affect the infringement determination?
In the court, Ms. Du and Hongbao submitted 10 photos to the court, all of which were installed by Lanchen Company on the Lancang Highway. In addition, the product pictures on the website of Ms. Du submitted by Ms. Du are identical to the patented products except for the number of lamp holders.
Blue Morning Company has come up with a defense against the existing design of Shanghai Shuguang Lighting Technology Co., Ltd. According to the law, if the infringing work is simply combined with the existing design and the customary design of the product, the allegedly infringing product does not constitute infringement.
Lanchen Company believes that Ms. Du’s patent and Shanghai Shuguang’s design are all in the shape of a boat. In addition, there are 7 different lighting products from Lanchen Company.
The City Intermediate People's Court believes that the difference that Blue Morning Company said is only a partial subtle design change, which is not enough to have a significant impact on the overall visual effect. According to the law, the court judges whether the design is the same or similar by the knowledge level and cognitive ability of the general consumers of the design patented products. In the eyes of ordinary people, there is no substantial difference between the products of Lanchen Company and the patent design of Ms. Du.
The existing design of Shanghai Shuguang Company is trapezoidal, and there is also a significant difference from the ship type products of Lanchen Company. The first instance of the City Intermediate People's Court determined that Lanchen Company constituted an infringement and needed to stop the infringement, and compensated Ms. Du and Hongbao Company for the loss of 50,000 yuan and the rights for rights protection of 4,100 yuan.
Two lawsuits were losing a total of Pipan Pei 900,000 yuan <br> <br> blue morning, the company refused to accept the City Court verdict and appealed to the High Court. However, during the second trial, Blue Morning Company signed a contract for the sale of LED street lamps with the People's Government of Henglan Town on October 31, 2013. Subsequently, Lanchen Company installed 2873 LED street lights on more than 50 sections including Minjiang Highway, Zhongheng Avenue, Zhonggang Avenue, Yongxing Avenue and Qingfeng Road.
On March 7, 2014, the Higher People's Court of Guangdong Province made a final judgment on Ms. Du and Hongbao Company v. Lanchen Company. The Provincial High Court rejected the appeal of Blue Morning Company and upheld the original judgment.
Hongbao Company filed a second lawsuit with the City Intermediate People's Court. This time it involved 2,873 street lights in more than 50 road sections. On November 13, 2014, the city's intermediate court heard the first-instance judgment on the case, and Lanchen Company was sentenced to immediately stop the infringement, and should pay compensation of 850,000 yuan to Hongbao Company.
Yesterday, we interviewed Hongbao Company. The relevant persons of the company said that the two cases in which Hongbao Company was infringed are the epitome of many domestic LED lighting companies not respecting the intellectual property rights of others and not paying attention to the status quo of intellectual property protection. "Now, the awareness of intellectual property rights protection of enterprises is gradually awakening, and the legal protection measures for intellectual property rights are becoming more and more perfect. The practice of simple plagiarism is no longer feasible. Enterprises must adhere to the road of independent research and development or the use of intellectual property rights with paid licenses."
Before the first lawsuit was finalized, Lanchen Company signed a contract with the Henglan Town Government to sell 2873 street lamps. In March of this year, the Provincial Higher People’s Court found that Lanchen Company was infringing, and it was necessary to compensate the other party for more than 50,000 yuan for the 73-inch street lamp. According to yesterday's understanding, in the second lawsuit, Lanchen Company was ordered by the city's intermediate court to compensate Hongbao Company for 850,000 yuan due to the 2873 street lamp.
Free installation of 73 street lights provoked infringement lawsuits In 2012, Henglan Town carried out energy-saving renovation of street lights on some sections of the Minjiang Highway. On October 22nd of the same year, the town government signed a contract with Lanchen Company, and agreed to convert the 73-inch street light of some sections of the Hengjiang Road of Henglan Town to Lanchen Company for LED lamp head renovation. The contract does not involve cost issues. The government aims to give Blue Morning a display platform without paying any fees.
However, the town government provides free advertising posts for contracted road sections to Lanchen Company for advertising purposes. The free advertising period is 2 years. Blue Morning provides 5 years of free maintenance of the lamp holder.
On November 23, 2012, Ms. Du entrusted a lawyer to apply for evidence preservation from the Shijie Notary Office. She believed that the products of Lanchen Company were infringing. In 2011, Ms. Du sold the patent exclusively to Hongbao Company for 5 years and 300,000 yuan. Her patent, the overall appearance of the ship type, which is highly similar to the blue morning company's lighting products.
Ms. Du complained to the Fast Rights Protection Center about the infringement of Blue Morning. Lanchen Company said that they designed the lighting products in 2010 and started production in the second half of 2011. A total of 300 sets have been produced, and 270 sets have been sold and 30 sets in stock. Of these, 73 were used in the lighting renovation project of the town government.
Due to the unreasonable mediation between the two parties, Ms. Du and Hongbao Company filed a lawsuit with the court in January last year, demanding that the other party stop production and sales of infringing products, destroy and dismantle the installed lighting, compensate Ms. Du and Hongbao Company for 100,000 yuan and stop the infringement. The reasonable expenditure is 4,100 yuan.
Does the product nuance affect the infringement determination?
In the court, Ms. Du and Hongbao submitted 10 photos to the court, all of which were installed by Lanchen Company on the Lancang Highway. In addition, the product pictures on the website of Ms. Du submitted by Ms. Du are identical to the patented products except for the number of lamp holders.
Blue Morning Company has come up with a defense against the existing design of Shanghai Shuguang Lighting Technology Co., Ltd. According to the law, if the infringing work is simply combined with the existing design and the customary design of the product, the allegedly infringing product does not constitute infringement.
Lanchen Company believes that Ms. Du’s patent and Shanghai Shuguang’s design are all in the shape of a boat. In addition, there are 7 different lighting products from Lanchen Company.
The City Intermediate People's Court believes that the difference that Blue Morning Company said is only a partial subtle design change, which is not enough to have a significant impact on the overall visual effect. According to the law, the court judges whether the design is the same or similar by the knowledge level and cognitive ability of the general consumers of the design patented products. In the eyes of ordinary people, there is no substantial difference between the products of Lanchen Company and the patent design of Ms. Du.
The existing design of Shanghai Shuguang Company is trapezoidal, and there is also a significant difference from the ship type products of Lanchen Company. The first instance of the City Intermediate People's Court determined that Lanchen Company constituted an infringement and needed to stop the infringement, and compensated Ms. Du and Hongbao Company for the loss of 50,000 yuan and the rights for rights protection of 4,100 yuan.
Two lawsuits were losing a total of Pipan Pei 900,000 yuan <br> <br> blue morning, the company refused to accept the City Court verdict and appealed to the High Court. However, during the second trial, Blue Morning Company signed a contract for the sale of LED street lamps with the People's Government of Henglan Town on October 31, 2013. Subsequently, Lanchen Company installed 2873 LED street lights on more than 50 sections including Minjiang Highway, Zhongheng Avenue, Zhonggang Avenue, Yongxing Avenue and Qingfeng Road.
On March 7, 2014, the Higher People's Court of Guangdong Province made a final judgment on Ms. Du and Hongbao Company v. Lanchen Company. The Provincial High Court rejected the appeal of Blue Morning Company and upheld the original judgment.
Hongbao Company filed a second lawsuit with the City Intermediate People's Court. This time it involved 2,873 street lights in more than 50 road sections. On November 13, 2014, the city's intermediate court heard the first-instance judgment on the case, and Lanchen Company was sentenced to immediately stop the infringement, and should pay compensation of 850,000 yuan to Hongbao Company.
Yesterday, we interviewed Hongbao Company. The relevant persons of the company said that the two cases in which Hongbao Company was infringed are the epitome of many domestic LED lighting companies not respecting the intellectual property rights of others and not paying attention to the status quo of intellectual property protection. "Now, the awareness of intellectual property rights protection of enterprises is gradually awakening, and the legal protection measures for intellectual property rights are becoming more and more perfect. The practice of simple plagiarism is no longer feasible. Enterprises must adhere to the road of independent research and development or the use of intellectual property rights with paid licenses."
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