My OperaIC intelligent card patent conciliated
Thursday, February 3, 2011 6:08:49 AM
It lasts four years, is called by the media " The biggest case of China's intellectual all-purpose card patent " Lawsuit finally finish.
It lasts four years, is called by the media " The biggest case of China's intellectual all-purpose card patent " Lawsuit finally finish. Yesterday, the reporter learnt, " the prosperous dragon of Shenzhen sued department's loose electron, case of encroachment of right of China Merchants Bank patent " End up by conciliating, the department will pay the patent fee of intellectual all-purpose card to the prosperous dragon's company after the loose electron, but China Merchants Bank will stop using the lift system related to patent dispute.
The legal precedent has demonstration meanings
In September of this year, the second instance of higher people's court of Guangdong Province holds a hearing, under the direction of the court, the three sides of the lawsuit reach conciliation: The exclusive right that the loose electron has confirmed the prosperous dragon's company in the department is effective, and agree that if adopts the patented technology of the involving in case in the future, will chase pens and pay the use fee of the patent to prosperous the intersection of dragon and Company even. In addition, as the terminal user, China Merchants Bank promises to stop using the original IC card lift system. This makes China Merchants Bank which is regarded as the terminal user become the first users who infringed exclusive right because of using products too.
Show in the previous lawsuit of China Merchants Bank, while purchasing this IC card of lift systems, China Merchants Bank signed the relevant intellectual property right to avoid the responsibility clause with the loose electron of department, both sides agree on, once involve the intellectual property right question, China Merchants Bank will not acknowledge any responsibility. And conciliation of three sides, in the content, China Merchants Bank admit, infringe too, promise " stop using these system within rational time limit " this time .
Zhao ChunShan, general secretary of China Intellectural Property Seminar, showed yesterday, ordered the terminal user to bear the liability for tort of the patent, this is very rare in past intellectual property right dispute. This legal precedent not merely plays very strong exemplary role to the similar patent dispute, development and protection of China's intellectual property right will exert a far-reaching influence. Division chief of Guangdong Province intellectual property office Liu show this to make " parks right " to the terminal user suspected of being involved in patent infringement too in the east (stop usufruct) Award,have milestone meaning.
The prosperous dragon claims the result goes beyond expectancy
" whether conciliate, result go beyond expectation of us " ,The prosperous dragon company's Chairman Li BiaoBin says. He shows, the terminal user is ordered to stop usufruct, mean intellectual property protection has already extended to terminal consumers, this will contain the tort of patent fundamentally.
It is reported, the situation of high-speed development is appearing in the Chinese IC card lift trade at present, general market scale has already been up to 1 billion yuan, and keep about 30% of the growth every year, and the prosperous dragon is this trade only manufacturer with patent for invention.
The case is returned
At the beginning of 2003, prosperous dragon's company's investigation of the top-grade critical patent of IC card lift was found, the control method of the lift of mansion of China Merchants Bank is exactly the same as one's own invention patented technology, the providers of this IC card of lift systems loose Electronics Co., Ltd. for the department of Shenzhen. Will it be September 2003, prosperous the intersection of dragon and Company lodge a complaint then, require the defendant to stop infringing immediately, and claim 500,000 yuan to the loose electron of department. In June of 2005, the intermediate court of Shenzhen adjudiacated in the first instance, ordered the loose company of infringer's department to stop producing, selling immediately, destroy stock, infringe products, compensate 300,000 yuan for to prosperous the intersection of dragon and Company. The loose company of the department shows that refuses to obey and lodges a appeal, in January of this year, the revision trial committee of the patent of State Intellectual Property Bureau judges the prosperous dragon's company has fully effective patent, so far the path winds along mountain ridges in the lawsuit, the three sides reach conciliation finally.
