A dispute caused by LED bulb bulb infringement

Case review

Ask Chen, Lee to have a LED bulb lamp design patent and utility model patents. At the end of 2014, Chen, Lee found the requested a lighting electrical appliance factory Zhongshan city town (hereinafter referred to as A) without the authorization of the patentee, production and sales in the business premises of a LED bulb lamp violated the right appearance design patent holder has and the utility model patent that has caused tremendous damage to the patentee. To this end, the request to China Zhongshan (lighting) Intellectual Property Rights Center (hereinafter referred to as the Rights Center) complaints, the requested person to conduct violations.

Process and results

Rights Center in December 15, 2014 to accept Chen, Lee after the complaint request, arrange staff to the A industrial and commercial registration address on-site inspection. In the course of on-site inspection, rights center staff found a large number of A plant stored suspected infringing products. Rights Center staff will be on-site inspection inspection found the accused infringing product and the design patent and utility model patent comparison, found that the product falls into the scope of protection for design patent and utility model patent. The A plant is responsible for the liaomou show it has the appearance of the product patent certificate, the rights center staff check, A factory has the product design patent application in the patent application after the request, which belongs to the existing design, conflict with others have been made before the lawful rights and benefits. Rights Center organizations to conduct on-site mediation.

A dispute caused by LED bulb bulb infringement

The mediation, the patentee Chen, Lee proposed 2 sets of mediation program, the first set of requirements: A factory to immediately stop the infringement, and compensation for economic loss of two hundred thousand yuan; second sets: the two sides signed a patent exclusive licensing agreement, license fee is 50 thousand yuan per year, the license A production and use the patent product. A plant is willing to sign a patent license agreement with the patent holder, the two sides reached an agreement to settle disputes.

Case analysis

A case involving the granting conditions, design patent, the patented design, should not belong to the existing design, and no unit or individual will design the same before the date of filing to the patent administration department under the State Council filed, and recorded it in the patent documents published after the date of application; comparison with the combination of existing design or existing design features, should have obvious difference; not with others has been made before the date of filing the legal rights of the conflict, in this case, the defendant requests submitted by the patent certificate application time was after the claimant patent certificate, patent lack of stability.

Two, the case involving patent licensing issues. The patent licensing means that the owner of the patent technology or its authorized person may authorize others to implement the patent owned by him or her in a certain period, in a certain area or in a certain way, and charge the use fee to others. The patent license only transfers the right to use the patented technology, the transferor still has the ownership of the patent, the transferee only obtained the right to implement the patent technology, and did not have the patent ownership. The patent license is a license trade that allows the licensee to use the patent within a certain scope and to pay the royalties. In accordance with the implementation of the conditions, there are universal implementation of licensing, exclusive licensing, exclusive licensing, the implementation of the licensing and cross licensing contract. In the process of general mediation, both parties can reach a compensation mediation agreement, but also on the actual situation, to promote cooperation agreement, which is a win-win result.

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