Cheng Fenggen, the petitioner, is the owner of the ZL201630180382.0″Rice Packaging Bag” design patent. The petitioner found in the Shanghai Grain and Oil Market that the packaging bags used by the Delu Rice Factory in Sheyang County, without the petitioner’s permission, were very similar in appearance to the petitioner’s”rice packaging bag” design patent, which was suspected of infringing upon the petition In May 2020, the Sheyang County Intellectual Property Office filed a request to deal with the patent right of the individual, and the Sheyang County Intellectual Property Office opened the case for acceptance according to law, formed a collegiate group and conducted a public oral hearing.
The respondent De Lumi Factory argued that the words, fonts, patterns, trademarks, colors, and size ratios on the packaging bags of the products were inconsistent in many places. The rice packaging bag used is not similar to the claimant’s involved patent, and the claimant’s request is rejected.
(Picture of the packaging bag of the infringing product involved )
Chengfenggen obtained the design patent for”Rice Packaging Bag” (Patent No.:ZL201630180382.0) according to law. During the validity period of the patent, it shall be protected according to law. In this case, the alleged infringing product is of the same category as the patented product involved, and both are rice packaging bags.
(design patent picture involved)
According to the principle of “overall observation and comprehensive judgment”, the Sheyang County Intellectual Property Office determined after trial that the accused product and the design patent involved in the case are in the overall design style It is similar to the main design features. Based on the knowledge level and cognitive ability of general consumers, it is not enough to distinguish the accused infringing product from the involved design patent. The two constitute similar, and the accused infringing product design falls into the involved design. The scope of patent protection. In accordance with the provisions of Article 11, Paragraph 2, Article 59, Paragraph 2, and Article 60 of the”Patent Law of the People’s Republic of China”, in September 2020, the Sheyang County Intellectual Property Office ruled that the alleged infringing product infringed The owner of the design patent shall order the respondent to immediately stop manufacturing and selling the alleged infringing products.
In this case, Delumi Factory in Sheyang County used a design similar to the right owner’s design patent without permission, infringing the right owner’s design patent Rights, should bear legal responsibility. The case reminds that the majority of business operators should follow the principles of honesty and trustworthiness, abide by laws and business ethics, gain competitive and development advantages through active innovation or other legal methods, and must not seek unfair competitive benefits, or they will bear corresponding legal liabilities. .
When the patentee’s legal rights are infringed, he must bravely take up legal weapons to protect his own legal rights. The protection of patent rights in our country adopts a”dual track” parallel system of judicial adjudication and administrative adjudication, and the right holder voluntarily chooses one of them as the means of protection. This is a rational legislation aimed at my country’s national conditions. Administrative adjudication has the characteristics of high efficiency, low cost, strong professionalism and simple procedures. It is an important means to strengthen intellectual property protection and resolve disputes efficiently and quickly in the new era. The handling of this case demonstrates the characteristics of administrative adjudication and highlights market supervision ( Intellectual property) departmental law enforcement team and law enforcement function advantages.
Text and image feed: Intellectual Property Protection Division of Yancheng City Market Supervision Administration