Source: Yiwu sourcing agent Author: Gary Date: 2012-07-24
Recently, reporters learned from the Intellectual Property Office of the Leading Group in Yiwu, Yiwu City, a one-year "clean up the market" special action, has now entered the summary of the acceptance phase. Clean up the market "special action in the one-year period, Yiwu City People's Court received a total of trademark infringement, copyright infringement, patent infringement related to civil cases, 661. Intellectual Property Tribunal of the Yiwu Municipal People's Court Li Xiaojian told reporters that they found a common phenomenon from the present case accepted that the majority of business operators claimed do not know their own sales of products infringing, but take no compelling evidence to prove.
Yiwu City People's Court has been concluded with successful business operators defense in accordance with the law does not assume liability for patent infringement case, or provide a reference for the majority of business operators.
The bracelet has a legitimate source of business households constitute infringement, but exempt from liability
Wenzhou Wang in November 2010, authorized by the State Intellectual Property Office of the product design patent for a bracelet.
In March 2011, Wang found that the business operators of Yiwu International Trade City Kang and Lin, a bracelet sold on the commercial spaces, fall into his scope of patent protection on the design. Wang Yiwu City People's Court proceedings in August 2011 to require Kang and Lin immediately stop production, sales of products that infringed its patent rights acts, and compensation for economic loss of 10 million.
Kang reply, even if the bracelet of his sales of infringing products, but he and his wife Lin just paragraph bracelet seller in advance do not know Wang has applied for a patent, and they are selling the bracelets are derived from Wenzhou Jewelry Factory, he and Lin do not need to be liable for compensation.
Operators of a jewelry factory in Wenzhou Lin Moumou also appear to complement the respondent. Lin Moumou said Kang and Lin sold the allegedly infringing bracelet from her jewelry factory. This bracelet and packaging, has her own application for registration of trademark logo. Before Wang design patent application for this bracelet, her production, sales of this bracelet, bracelets use of the allegedly infringing existing design, Kang Lin, sales of this bracelet does not constitute infringement .
Yiwu City People's Court thought, without Mr. Wang and Jiang’s admission, against a Wang patent license to the patented product for business purposes, sales Wang. However, the available evidence can only prove Kang, Lin, there is the behavior of the sale of infringing products, there is no evidence that Wang advocated Kang Lin, there are production and sales of goods, there is no evidence that Kang, Lin Mouming know or should have known that its sales of the bracelet is infringing products. Kang and Lin bracelets sold by jewelry factory in Wenzhou, identified Kang and Lin sold bracelets have a legitimate source. Therefore, Kang, Lin should immediately stop sales of infringing bracelet, but can be legally liable for damages.
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