A simple door lock appearance patent makes the heads of a number of lock enterprises in Wenzhou troublesome. This year, some lock enterprises in Wenzhou have been repeatedly sued by Guangdong Yajie Hardware Co., Ltd. Cao Zhanbin for patent infringement of the door lock panel and handle appearance. Not long ago, led by Wenzhou Hardware Chamber of Commerce, Wenzhou Jianshi Lock Industry Co., Ltd., Zhejiang Kema Lock Industry Co., Ltd. and other more than 10 Wenzhou lock companies to meet together to discuss how to deal with Cao Zhanbin's appeal.
"The lock panel is not square or round, not long or flat, and the appearance does not change much. How can there be an infringement incident?" Wenzhou, a person in charge of locks, said. It is understood that in the face of this "simple" appearance patent infringement dispute case, some business leaders have not been concerned. But as more and more corporate dealers call to pay attention to this matter, they gradually realize the seriousness of the matter. Because the case involves not only the lock manufacturers in Wenzhou, but also their dealers.
It is understood that since the second half of last year, some lock enterprises in Wenzhou have begun to receive a lawyer's letter from a local law firm commissioned by Cao Zhanbin. Cao Zhanbin is one of the main investors of Guangdong Yajie Hardware Co., Ltd. From the end of last year to this year, Cao Zhanbin began to appeal. He said in the complaint that he has applied for and obtained more than 100 patents concerning the design of lock products, and more than 50 invention and utility model patents. He believes that the defendants did not license, for the purpose of profit, mass production and sales of the same door lock products as his patent design, resulting in a huge loss of the business he started. The court ordered the defendants to jointly compensate the economic loss of 300,000 yuan.
Li Guorong, secretary general of the Wenzhou Hardware Chamber of Commerce, said that the first problem is to ask a lawyer. Wenzhou enterprises should be able to unite to deal with the case. "This matter must be solved, we must actively respond."
Liu Zhenghua, a lawyer of Zhejiang Pingyu Law Firm, is a responding lawyer invited by some lock enterprises in Wenzhou. According to Liu Zhenghua, there are currently eight companies in Wenzhou entrusting him to fight this lawsuit, and he is actively preparing to respond. The cases of these companies involved four or five different appearance patents of Cao Zhanbin. Most of the patents of the plaintiff Cao Zhanbin were applied from 2008 to 2009.
Liu Zhenghua said that in the definition of law, the definition of appearance infringement means that the appearance of the alleged infringing product is the same or similar to the design of the right holder. However, Wenzhou enterprises can not be regarded as infringement patents as long as they have produced the same products before the plaintiff's patent application date, using the same method or necessary preparations for manufacturing and use, and continuing to manufacture and use only within the original scope. "But due to various reasons such as time, it is not easy for companies to prove it."
Before Wenzhou lock enterprises paid more attention to the invention patents and utility model patents of products, but because of the high similarity of the appearance of lock products, the company did not pay attention to the appearance patent of locks. The author has inquired from the patent search system on the website of the State Intellectual Property Office that there are 32 patents for the appearance of door lock panels and door handles in Wenzhou. From the system, Cao Zhanbin personally owns 256 patent designs, 11 invention patents and 41 utility model patents for various hardware products such as door lock panels, door handles, door lock fittings, clothes hooks and towel racks. , a total of 308 items. Shao Zhongmin, general manager of Jianshi Lock Industry Co., Ltd. said that Jianshi Lock has obtained 58 national patents and there are not many appearance patents. After this incident, the company will definitely pay more attention to the product's appearance patent. As long as the company has a new design, it first thinks of the application for the appearance patent.
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Zhu Yongmin, Director of Intellectual Property Department of Wenzhou Science and Technology Bureau: Cao Zhanbin of Yajie Company has a strong awareness of patent protection, and also reflects the lack of awareness of patent protection in some locksmiths in Wenzhou. In addition to enhancing the awareness of intellectual property protection, enterprises must also use patent search tools to avoid repeated research and development while developing new products. Some companies do research and development first, but they have not applied for patents in time, but they are often preemptively applied by similar enterprises. As a tool for enterprises to occupy the market, patents should become a major strategy in the development of Wenzhou enterprises.
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