[case Introduce] ,

The plaintiff, male, lee gai 1972 was born on April 8, han nationality, zhejiang wenzhou lucheng Station Road south building been in times square.

Authorized agent entrusted agent (especially LiXu), zhejiang, Shanghai branch al the firm lawyers.

The defendant yuyao philco, domicile of zhejiang province yuyao lang YangGuCun town, director Sam LiJun dry.

Authorized agent entrusted agent (especially XiaYouPing), male, 1969 was born on July 19, hunan anhua.we will act QuJiangZhen lighthouse village, yuyao philco daxing villager group electric clerk.

The defendant ChenGuoCheng, male, born in 1956 was born on October 21, han nationality, yiwu business owners, RongFang razor living zhejiang yiwu international trade mart 3-17186 ShangWei number.

The defendant XiaJingXi, male, han ethnic group, 1955, was born on December 7, yiwu choucheng XiaJingXi razor businesses owners, zhejiang yiwu international trade mart 73-17340 ShangWei number.

Nov. 29, 2005 the plaintiff is shavers (C) (FS900 type) and (D) (FS806) to the state intellectual property office to put forward an application for a patent for design. In 2001, June 2, and on June 9, the state intellectual property office granted respectively in two product exterior appearance design patent. Later, the plaintiff found the defendant in without permission, without authorization, production and sale of counterfeit the plaintiff has received a patent for the FS806 type and FS900 type electric razor, violated the plaintiff's patent right, to the plaintiff caused great economic losses. To protect their own interests, 2002 to jan. 8, the intermediate people's court in hangzhou. During the defense, the defendant to the state intellectual property office, the patent reexamination board puts the plaintiff requests invalidation of the patent. Hangzhou then review after 18 March 2002 rule to suspend the lawsuit. The state intellectual property office after examination, the patent reexamination board in June 4, 2003 made the request for invalidation 5076 for examination and decision, maintain the patent. The defendant refuses to the Beijing no 1 intermediate people's court. The Beijing no 1 intermediate people's courts of the People's Republic of China in accordance with the administrative procedure law 54 first sentence, maintaining the state intellectual property office, the patent reexamination board made the request for invalidation, the 5076 for examination and decision. Later, the defendant to Beijing and the higher people's court appeal. The supreme people's court in Beijing (2004) high end line the 25th, maintain the request for invalidation 5076 for examination and decision. On September 8, 2005, hangzhou, then the public hearing the case law.

[case analysis]

Due to the exterior design for industrial production bring significant economic benefits. Therefore, in recent years, Chinese patent filings appearance design of rapid growth. Meanwhile, the civil subject of appearance design between increasing infringement disputes. Acknowledge appearance design patent infringement, from the following two aspects:

A patent protection, exterior design

Exterior design patent and the patent invention or utility model is a kind of intangible assets, the right to object visible assets that can be identified clear. In appearance design patent infringement dispute case, to determine whether the accused of infringement product appearance design patent infringement, the first shall determine the price range of appearance design patent protection. The scope of patent protection appearance design, is the appearance design of patent infringement.

The patent law article 56 the 2nd regulation: "the scope of protection of the patent right for a design that in picture or pictures of the product incorporating the patented design." Our appearance design patent protection scope contains designs and products of attachment to two factors.

Second, the exterior design patent infringement behavior requirements

The patent law of paragraph 2 of article 11: "appearance design patent granted, any unit or individual may, without the authorization of the patentee, exploit the patent, that is, for production or business purposes, manufacturing, selling, importing its exterior design patent product." The patent law article 57 regulation: "without the authorization of the patentee, exploit the patent, that is, patent infringement. Consequently, infringe upon the patent right for design shall have the following actions elements:

1, without permission. Without the permission of the patent is not authorized. The essence of the patent right is the exclusive rights. In accordance with the patent law article 10 and article 12 of the regulations, the other party may conclude with the contract to transfer the patent and the patent licensing contracts. And the implementation of the patent license has its rights, A third party may through the patent licensing contract with the licensee of the licensing contract signed points and the implementation of the patent right obtained. Of course, such a licensing contract must get the patentee to agree. In addition to the implementation of the patent for design of infringement actions.
2, the implementation of the patent. According to the patent law article 11, paragraph 1, article 2 of the patent, for production or business purposes, manufacture, sell or import the product appearance design patent. The implementation of the patent is only for production or business purposes, for industrial and agricultural production or business operation, rather than individual consumption purposes. In addition, the behavior way for manufacture, sell or import the product appearance design patent.

3 and behavior. Exterior design patent infringement in manufacture, sale, import behavior of the object is exterior design patent product, and patented design, and the same or similar products and exterior design is authorized the use the same or similar products.

In short, as long as these conditions, also meet constitute infringement designs. With general infringement is different, without fault not a doer subjectively appearance design patent infringement constitutions.

The case is protected by law, the scope of patent for design is issued by the state intellectual property office issued patent certificate and designs for the announcement. On the defendant infringement, ningbo quality technology supervision bureau of administrative penalty, prove the defendant yuyao FS806 and FS900 philco electric manufacturing product appearance design patent infringement of facts, Zhejiang righteousness syndrome (2004). The people 4322 yiwu notarial deed (preserve evidence to prove the defendant), ChenGuoCheng patent infringement of sales facts, Zhejiang righteousness syndrome (2004). The people of yiwu 4323 notarial (evidence preservation), prove the defendant XiaJingXi by way of the patent infringement sales facts, Two notarial deed also prove the defendant yuyao philco electrical manufacturing infringement of patents. Therefore, this appearance design patent infringement, the defendant shall assume tort liability. In fact, the evidence in court before the court has admitted his infringement.

[case processing]

Hangzhou after hearing, then put forward the evidence accepted the plaintiff. In the case, the court mediation, the plaintiff accused parties hosted voluntarily agree:

Yuyao city, the production of electric philco admitted FS900 type and FS806 type electric razor violated lee tenghui gai and enjoy the patent right, to lee tenghui gai apologize.

Second, yuyao philco FS900 production equipment factory promise not to type and FS806 type electric razor, and will die by lee tenghui gai corresponding destroyed (yuyao philco electric factory in September 2005 9 to the mold. If, after the destruction of mould manufacturing these products are found. Yuyao philco electrical willing to lee tenghui gai for 20 million yuan RMB.

Third, XiaJingXi, ChenGuoCheng to lee tenghui gai commitment and ensure no electric production sales yuyao philco FS900 type and FS806 type electric razor, and sales of previously to lee tenghui gai apologize.

Four, yuyao philco to lee tenghui gai electric pay compensation 14 million yuan, in 2005, September 9 when the conciliation statement shall sign a one-time payment. Lee tenghui give other litigation case beggar request, and promised not to pursue yuyao philco, XiaJingXi electric ChenGuoCheng, such other responsibilities.

Five, yuyao philco electrical commitment in 1 month to distributors, sending back FS900 above requirements and FS806 type electric razor.

Fees consists of yuyao philco electrical case.

Court consultation with laws and regulations made the conciliation statement affirm, after the litigants and legally binding.