The settlement of the 100 billion yuan claim case opens up a new way of home rights protection

China Coatings Network
News:
sensational the entire home industry's billion-dollar sky-high claims in the 2015 New Year came good news: the top 100 and one of the three protagonists of infringement reached a settlement, a unified commitment not to sell infringing products, and withdraw the top 100 patent invalid litigation. This matter is quite unexpected, the general manager of top 100 furniture He Hongyi told reporters: "We are not fighting fake is not to make money, just want to prove that our products are really original, not infringing." "The reconciliation between the two sides opened up a new way of harmonious rights protection in the home industry, and highlighted the powerful power of rights protection. Event: After the Spring Festival, the home industry came a big news: the end of 2014 sensational industry-wide billion-dollar claims, to the top 100, a settlement reached. "We signed a 'civil settlement agreement' with UCI as early as January 8th," he said. On February 28, He Hongyi told reporters. Reporters from the terms of the settlement agreement to see that the unified side of the commitment not to infringe the patent rights of the top 100, and within 3 days of the signing of the agreement from the State Intellectual Property Office Patent Review Committee to withdraw all the patent invalidity litigation against the top 100, in the absence of new litigation cases, may not again file a request for invalidity of the top 100 patents, the top 100 within 3 days after the agreement came into effect to the Beijing Intellectual Property Court to withdraw the unified litigation. It is reported that when the top 100 and the unified reached a settlement, one to the top 100 to pay a certain amount of compensation costs, but with the billion-dollar claim is far from. He Hongyi would not disclose the specific amount, he said: "Top 100 companies are not to make money, just want to prove that our products are really original, inviolable." "He believes that for the top 100, the initial litigation purpose has been achieved, the counterfeit enterprises have carried out a strong judicial crackdown, but also save time-consuming, laborious preparations for the first and second instance, can be spent on better research and development of new products; Review: Billion-dollar claims sensational industry top 100 litigation, such as three enterprise infringement is the intellectual property court since the establishment of the first intellectual property cases, but also China's home industry appearance patent claims the highest record of the protection case, when the whole home industry sensational. On December 18, 2014, the Beijing Business Daily made a report on the matter entitled "Three enterprises suspected of infringing the top 100 furniture appearance patent home industry first billion yuan patent claims", causing widespread concern in the industry. Reports at the time showed that in early 2014, the top 100 furniture has been found in the unified furniture, Xuanyi (Tianjin) Furniture Co., Ltd. and Tianjin Dongsheng Furniture Manufacturing Co., Ltd. production, sales and promised sales of Hanting legendary furniture in the bedside table (patent number ZL2009) More than 10 products, such as 30126695.8, sofa (patent number ZL201030139681.2), infringed the design patents of the top 100 furniture companies, resulting in significant damage to the legitimate rights and interests of the top 100 furniture companies. Due to ineffective communication, Top 100 Furniture filed a lawsuit against three companies in China's first intellectual property court, seeking 100 million yuan in damages. Reporters in the top 100 aspects of the alleged infringement of furniture appearance comparison map to see, suspected of appearance infringement of products and patented top 100 furniture products almost identical, involving bedside tables, desks, wardrobes, sofas, dining tables and other categories. Of the three companies under litigation, the most famous and most concerned are one. "After receiving notice of the action, I intend to mediate the infringement, and after negotiation and coordination between the two parties, a settlement agreement was reached." Wang Hua, a lawyer representing top 100 furniture, said that the top 100 shook hands with The 100 and that the case against the top 100 companies was currently pending after the top 100 filed a lawsuit against the Beijing Intellectual Property Court in December 2014 for a total infringement of design patent rights. Forward-looking: harmonious rights protection is conducive to the development of the industry into March 2015, the furniture industry one after another exhibition will be opened, in Guangdong, Shanghai and other major exhibitions "kicking pavilion" fake, is the past few years home enterprises to defend the helpless action, this embarrassment only because of the serious phenomenon of plagiarism in the home industry, rights protection is too difficult, rare, but also time-and-effort. Experts believe that the settlement of the 100-strong and unified appearance patent infringement cases has brought a harmonious wind to the industry, creating a new model of home industry rights protection, conducive to the harmonious development of the industry. "After sending a lawyer's letter or prosecution, the other party voluntarily admits responsibility for mistakes, does not fight and give in soldiers, reconciliation is a good way, if this goal can not be achieved, the other side does not think it is infringement, do not want to bear legal responsibility, nor take the initiative to stop the infringement, it is only through the form of litigation, go to the first instance, the second instance of the final implementation to achieve the purpose of defending rights." Wang Hua pointed out that before many home enterprises think that legal rights protection is very difficult, but from this case, rights protection is not difficult to achieve, the top 100 unified settlement to the original enterprise rights protection has played a very good role in the demonstration. From the double-leaf furniture lawsuit Lai's furniture appearance infringement case for the first time to break the home enterprise appearance patent lawsuit almost win the magic spell, to the top 100 unified reached a settlement, the good news came out greatly demonstrated the power of rights, so that they also have many appearance patents and many times encountered infringement of the enterprise to enhance the confidence of rights protection, and with these enterprises excitedly raised legal weapons to defend rights, the home industry design infringement will be flooded situation will also be curbed.