The world brand laboratory (http://brand.) Message: concern European kitchen electrical appliances industry giant Electrolux and Chinese kitchen electrical appliances industry giants shuaikang patent dispute recently with the results of the first instance, Ningbo intermediate people's Court of first instance, before the Decree Electrolux (China) co., Ltd. to immediately stop manufacturing and selling violations of Zhejiang shuaikang Electric Co., Ltd. "fuel gas stove door control device" all patent rights, and compensate the comes economic losses of 30 million Yuan.
However, ELECTROLUX immediately indicates that the judgment of first instance and appeal unfair to Zhejiang Provincial higher people's Court. Electrolux China PR Manager Zhang Qi said that Electrolux is still in the normal sales, the market will not be removed.
Shuaikang since victory
It is understood that the gas burner air conditioning plant is mainly used for regulating cooking appliances air and gas mixture to achieve fully the aim of combustion, energy saving, safety in cookware has a crucial role.
According to officials from shuaikang group said, Electrolux (China) co., Ltd. in its cooking product brochure on claims that his "famous" stove cooking than ordinary combustion efficiency increased by 10% to 24%. In a major breakthrough in technology, the industry-saving new benchmarking of shuaikang "China fire" stove in combustion efficiency up to only 10% higher than the national standard. Therefore, Electrolux campaign raises concern, however shuaikang, when the chef on "shuaikang" after the "Anatomy" did not find its energy-saving effect is characterised by unexpectedly found its throttle settings uses a patented design. shuaikang
So, in order to protect their interests, a paper petition shuaikang group will Electrolux (China) co., Ltd. to court.
June 27, 2006, shuaikang to Ningbo city intermediate people's Court, says the company from 6 March 2002, the granting of patents by SIPO patent number for ZL01220334.3 "fuel gas stove door control device", without permission, by Electrolux You China 牘 company mass production, sale and use of the patented technology of stove, constitute patent infringement. Therefore, to the Court decree ELECTROLUX immediately stop the infringing act, and compensation for economic loss of $ 3, etc.
August 30, 2006, Ningbo city intermediate people's Court to conduct a public hearing. The Court concluded that Electrolux (China) company manufacturing and sales of the comes with falling into ZL01220334.3, patent protection scope of throttle control device, constitutes infringement of patent rights on shuaikang, should bear the corresponding civil liability.
Defendant Electrolux You China 牘 electrical appliance co., Ltd. believes that its reply within national patent reexamination Board makes the plaintiff's patent invalidation request has been accepted, the request to abort the procedure Ordinance Second, Electrolux has never been made in the present case involved were accused of infringement of the third Ordinance, charged with infringement of patent protection is not fall into the hands of the plaintiff.
The Court finally make-instance judgment, Electrolux is a decree to cease manufacturing and sales of infringing products and compensation for the loss of $ 30. shuaikang
Electrolux appeal
Zhang Qi interview, said that Electrolux has to Zhejiang Provincial higher people's Court of appeal that the "specific appeal does not disclose the details, wait for the second-instance judgments. ”
Turning to the issue of whether the patent disputes on Electrolux product sales impact, Zhang Qi means there is no any effect, the relevant product from the market and bottom shelf.
Zhang Qi expressed in lawsuits pending shuaikang, distributed to the media in the first instance judgment of practices "was unexpected." "Electrolux gas stove lose patent lawsuit that was 30 million panpei shuaikang." this is a media coverage of this event is used by the title. "We did not recognize the patent lawsuit. "Zhang Qi said," in the final program before the end of the first-instance judgment did not take effect. ”
This reporter has learned that Electrolux Electrolux recognizes that Zhejiang Ningbo city intermediate people's Court judgment in the appeal unfair term (January 2007, 23 days ago) to Zhejiang Provincial higher people's Court of appeal, the Court of 26 February 2007 have already notified the litigants in the second instance court time.
It is learnt that Electrolux and shuaikang patent infringement case will be held March 20 in Zhejiang Provincial higher people's Court of second instance. For reporters on the second trial is confident, Zhang Qi has no direct answer, "since entering the second instance, we will adhere to it. ”
International brand "acclimatized"?
Two large kitchen electrical appliances giant patent infringement trial subject to widespread concern in the industry. State market research institute director lurenbo told reporters, shuaikang prosecution Electrolux is normal, and not only the Chinese Enterprise tort, foreign brands also possible on Chinese products constitute infringement. Intellectual property protection is a global, not unilateral. China is developing from household appliances to household appliance power big powers, out of this years European and American companies are reducing household appliances of manufacturing can be confirmed. Our enterprise also pay more attention to research and development, attention to standards.
China National Hardware Association Chairman Zhang Tong Lee believes that Electrolux vs. patent infringement shuaikang, is due to the different cultural backgrounds led international brand "acclimatized". As an international brand for the Chinese culinary culture and product use environment, less is more thorough and Chinese enterprises, their kitchen electrical appliances product becomes "acclimatized". But China's domestic kitchen electrical appliances enterprises with a special focus on technical research and development and intellectual property protection, therefore, the international brand is very difficult to break through the barriers of Chinese enterprises patent, also fully exposed international brands get rich quick mentality.
China's accession to the WTO five years in the increasingly internationalized China market, while the international brand with strong brand advantage, the people's propensity to generate significant impacts. But
In some industries, like home appliances industry, independent brands rely on cost advantages, but let skelter of foreign brands feel competitive pressure, make them pale, walked into the "repeatedly defeated by the repeated, has won the vicious circle of defeat". Some international brands and even contraction front or announcement of withdrawal from the market in China.Shuaikang Group President Zou State said: "this lawsuit makes me more acutely aware of the patent is valid ' monopoly ', is the market competition. At present the company to the product's appearance, as small as a screws have their own patents, patent applications per year to 20 per cent annually, is the industry's patented one of the largest enterprises. ”
New wealth: the next generation of the world's richest man from which? Wang Ping venture: difficulties of life's most precious wealth of leisure male trousers enterprises into the brand Boulevard "virile" consumption era has truly come national people are waiting to see Wenzhou next fried what leadership "flower therapy in 2007 top ten Diamond Fund" full list C-NCAP on the whole process of Audi collision and care cold dish: shredded cucumber 8? 31 clearance project 30% is not to be property insurance giants that favor phones on the way business vehicle insurance? who will believe the tears from pet Bulldog pathogenic watch brand extension mortgage Millennium old mystery of mysteries "being" half a village dental black, half white village dental strange phenomena (figure) expansion map IKEA plenty of China's top ten most important enterprise State 3 Edition QQ6 next month in Beijing eat fat food "downsizing" illegal "chartered" after the sale will be punished
No comments:
Post a Comment