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Patent infringement claims, settlement and cooperation, win-win benefits

Source: Company News:2017-07-12 Browse:

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In late October, Hunan Yuhui Heavy Machinery Co., Ltd. (formerly known as Qiyang Yuhui Mechanical and Electrical Industrial Co., Ltd.) submitted a request for handling a patent infringement dispute case to the Qiyang County Intellectual Property Office, claiming that an individual boss in Guanyintan Town, Qiyang County was suspected of infringement. Its invention patent right for "an anti-slip pressure roller" (patent number is ZL201410317436). In accordance with the "Patent Law of the People's Republic of China" and the "Patent Administrative Enforcement Measures", the Qiyang County Intellectual Property Office filed the case within the statutory time, organized patent law enforcement personnel to conduct an investigation in accordance with the procedures, and promptly served the respondent with a defense letter and request. Personal processing request letter and photos of products involving infringement and other related materials.


During the investigation, the law enforcement officers of the Qiyang County Intellectual Property Office popularized intellectual property-related knowledge to the respondent, and carefully explained the patent law, the application and protection of patent rights, the consequences of patent infringement, and the remedies if the two parties could not reach a settlement. . The respondent was aware of the existence of his infringement and showed his willingness to reconcile with the petitioner. The Qiyang County Intellectual Property Office encourages the respondent to proactively propose a settlement to the petitioner and reach a settlement agreement to avoid entering into cumbersome and complicated court proceedings.


After negotiation between the two parties, a settlement was reached. The respondent took the initiative to compensate the petitioner for economic losses of 400,000 yuan due to its own infringement. The two parties also signed a patent license agreement. While the respondent paid the patent license fee on time, the petitioner allowed the respondent to produce and sell the patented products involved in the case, turning enemies into friends and changing the relationship between "original and defendant" into a cooperative partnership. , achieving a win-win situation.


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