Qingdao Qinghe sprints the "second share of artificial lawn" many times to sue the industry "one brother" to create lawn patent infringement

Recently, Qingdao Qinghe Artificial Made in Fortune Co., Ltd. (hereinafter referred to as Qingdao Qinghe) began to apply for the listing of the Shanghai Stock Exchange's main board. It is intended to raise 1.092 billion yuan through IPO.

The prospectus (declaration draft) shows that Qingdao Qinghe is the second artificial lawn enterprise in the global production and sales scale, while the world's largest artificial lawn enterprise is the co -owned lawn (SH605099, the stock price is 24.15 yuan, and the market value is 9.703 billion yuan ), Ligained in the Shanghai Stock Exchange in September 2020.

"Daily Economic News" reporter noticed that there is still a lawsuit between Qingdao Qinghe and the co -founding lawn. Rejected, the current case is currently re -trial. In addition, the reporter further discovered that Qingdao Qinghe also prosecuted the lawn for another patent right, but the first trial and the second trial were rejected.

There are many patent disputes between the two giants

Sorted by sales, five of the top ten companies in the global artificial lawn in 2021 are Chinese enterprises. Among them, the first two major companies are the co -created lawn and Qingdao Qinghe. Qingdao Qinghe's global market share in 2021 reached 12%, but the company also suggested that risks said that as industry competition has intensified, the company may face the pressure of continuing to expand market share and increase the industry status.

As the first and second enterprises in the global artificial lawn industry, there are patent disputes in the lawn and Qingdao Qinghe. At present, Qingdao Qinghe has only a lawsuit that has not yet been settled. The company believes that a variety of casual lawn products that have created lawn production and sales have infringed their practical new patent rights "casual lawn" (patent number ZL201220075338.x). Creating the lawn immediately stopped infringement and compensated 20 million yuan.

"Daily Economic News" reporters saw on the China Magistrate Documents on the Internet that in response to the above -mentioned patent disputes, in May 2020, the court made (2020) Su 01 Minchu No. 890 civil judgment in the first instance, and determined that the infringing product fell into the patent involved in the case. The scope of protection of rights, but the patent right involved does not have the creativity stipulated in Article 22 (3) of Article 22 of the Patent Law, and does not have authorization conditions. Therefore, it has rejected Qingdao Qinghe's lawsuit. Qingdao Qinghe appealed, and the second instance ruled the original trial judgment, and is currently retrial.

In addition to the above -mentioned unsuccessful lawsuit, the reporter further discovered that Qingdao Qinghe also created a lawn for other patents. In 2019, Qingdao Qinghe complained that the co -founding lawn infringing the company's practical new patent right "artificial grass fiber, artificial grass, and artificial lawn" (patent number ZL20162143 ****. Compensation 20 million yuan.

In May 2020, the court made (2020) Su 01 Civil Judgment No. 464, which confirmed that the technical plan for the infringing product to fall into the protection scope of the patent rights involved, but the time of creating lawn production and sales of infringing products As early as the application date of the patent involved in Qinghe's Qinghe, the existing technical defense proposed by the lawn was established, and the Qingdao Qinghe litigation request was rejected in the first instance. After Qingdao Qinghe filed an appeal, in December 2020, the court's second instance decided to dismiss the appeal and maintain the original sentence.

In addition, in January 2020, a case of violation of the practical new patent rights filed in January 2020, Qingdao Qinghe sued a variety of leisure lawn products that created lawn production and sales to infringe the practical new patent right "rhombus sports lawn" (patent number ZL201220075469.8.8 ), Requested to determine the creation of a lawn to stop infringement and compensate 10 million yuan. After that, Qingdao Qinghe withdrew, and the case ended in May 2020.

Judging from the above two cases of patent disputes that have been judged above, although the products of the lawn have fallen into the scope of the patent protection of Qinghe Qinghe, due to various reasons, it has been recognized many times that it does not constitute patent violations.

So, is there a lack of protection for patent rights in Qingdao Qinghe? How much does the failure of related patent disputes have a big impact on the company's operation? In this regard, Qingdao Qinghe responded to the reporter of "Daily Economic News" on August 8, 2022 that the core technology of artificial lawn products produced by the company was obtained by independent research and development. It will have an impact on the company's operations; at the same time, the company has a complete management system for the protection of patent rights.

The actual controller was listed as the executed person

The reporter noticed that in addition to patent disputes, in September 2020, Qingdao Qinghe actual controller and some shareholders had also been listed as the executor twice for the investigation of judicial disputes.

The prospectus (declaration draft) shows that Qingdao Qinghe controlling shareholder is Qingdao Sunhongyi Investment Co., Ltd. (hereinafter referred to as Sun Hung Wing), and the actual controller Yukang. Through the direct holding of the shares and the indirect shareholding of the shares, Yukang controlled 36.34%of Qingdao Qinghe. In addition, Liu Yingjian, Peng Xiaotian, and Lianjiang, who are currently serving as directors of Qingdao Qinghe and senior management personnel, are also shareholders of the company.

Qingdao Qinghe disclosed that during the reporting period, the above -mentioned shareholders held some of the equity of the company. Three institutions, including Shandong Zhongtai Qi Dongshi Energy -saving Investment Center (Limited Partnership) (hereinafter referred to as Zhongtai Energy Sales), were frozen by the application for property preservation. In 2020, the above -mentioned equity has been lifted by reconciliation or by the court.

Qixinbao showed that in September 2020, in the case number "(2020) Lu 02 Holding 1299" in dispute execution cases, China and Thailand were the applicant, Yukang, Sun Hungyi, Liu Yingjian, Peng Xiaotian, Lianjiang, Lianjiang When the person is listed as the executed person, the actual target is 57.9721 million yuan; in the case number "(2020) Lu 02 1300" dispute execution case, Shandong Zhongtaiqidong Information Industry Development Investment Center (limited partnership) (following below) (following) Referred to as Zhongtai Information, now it has been renamed) as the applicant, and the above -mentioned personnel and enterprises have been listed as the executing person again, and the target is 56.4195 million yuan. On China's execution of information disclosure, the reporter of "Daily Economic News" did not find the above execution information, and the case may have been executed.

The Qingdao Qinghe prospectus (declaration draft) did not introduce the specific situation of the above execution cases. Qingdao Qinghe did not explicitly explain the specific reasons and related situations of the above disputes in the email of the reporter, but the company said that the above lawsuit has been implemented, and there is no substantial impact on the company's listing.

In July 2016, the two institutions of China Thailand Energy Society and Zhongtai Information became the shareholders of Qingdao Qinghe in July 2016. They subscribed for new shares for 40 million yuan and 20 million yuan, respectively.

Shortly after the controlling shareholder, actual controller and other subjects were included in the executed person, from October to November 2020, China -Thailand Energy Conservation and Zhongtai Information transferred the Qingdao Qinghe shares held by China New shareholders no longer hold company shares.

The main production base is located in Vietnam

Qingdao Qinghe mainly produces and sells artificial lawns and its important raw materials. From 2019 to 2021, the company realized operating income of 841 million yuan, 1.108 billion yuan, and 1.358 billion yuan, respectively, and realized net profit of 24.707 million yuan and 142 million yuan. , 137 million yuan.

Qingdao Qinghe's main production base is located in Vietnam, with major customers and some suppliers as overseas companies. From 2019 to 2021, the company's sales amount to the top five customers accounted for current operating income of 25.37%, 24.57%, and 25.23%, respectively. 47.93%.

In general, from 2019 to 2021, the list of top five customers and top five suppliers of Qingdao Qinghe are relatively stable. The customer group mainly includes engineers, wholesalers and chain supermarkets that undertake the paved projects. The raw materials purchased are plastic. Particles (PP and PE), base cloth, glue, etc.

"Daily Economic News" reporter noticed that the fourth largest supplier of the company in 2021 was Shanghai Xinhua Chemical Trade Center (hereinafter referred to as Shanghai Xinhua) with a purchase amount of 370.61 million yuan and the procurement content was glue.

Qixinbao Information shows that Shanghai Xinhua is a wholly -owned enterprise. It was established in April 2019 and has a registered capital of 500,000 yuan. At present, the only shareholder is Feng Jiaying. It is worth noting that after the establishment of Shanghai Xinhua more than one year, that is, in July 2020, the only shareholder changed, from the original shareholder to Feng Jiaying.

The prospectus (declaration draft) does not explain the time when Qingdao Qinghe and Shanghai Xinhua began to cooperate, but Shanghai Xinhua registered capital is small. Does the company match its large purchase and its operating scale?

In addition, Qingdao Qinghe mainly purchases glue from supplier Shengxi Aoia Holdings Co., Ltd. (hereinafter referred to as Shengxi Olympics). In the list of five major suppliers in 2019 and 2020, only this glue supplier, 2021 Shengxi in 2021 Shengxi Austrian is still the second largest supplier of the company. Why does it still purchase a large number of glue from Shanghai Xinhua to make it the fourth largest supplier?

Qingdao Qinghe told reporters that the company has formed mature specifications and systems in terms of supplier management and procurement management. The company strictly follows the supplier's management system and procurement system, and rational procurement is screened on demand.

Daily Economic News

- END -