10 million yuan involved in the case!This violation of the invention patent dispute is efficiently resolved

Recently, the Guangzhou Intellectual Property Court successfully resolved a case of 10 million yuan in agricultural invasion of invention patent rights, which was originally the parties to the two parties of the two sides of the book.

Patent owner's litigation attack

The method and equipment of the high tower granular production of granular compound fertilizers (patent number 03139601.1) The original patent patent person in invention is Patian, which mainly produces green ecological compound fertilizer. Houbatian Company transferred the patent to Quanwei Company. Quanwei Company found that since 2012, Fu Aisi Company has not authorized the use of the patented method and equipment for compound fertilizer production and sales, occupying its market position and causing great economic losses to it. Licensed a lawsuit, requiring Fu Aisi Company to stop infringement, demolish high -pelvis manufacturing equipment for production of chemical fertilizers and compensate for economic losses of 10 million yuan. Preservation measures.

Court guidance to change preservation

It was found that the annual output of high tower equipment involved in the case of Fu Aisi Company reached 200,000 tons. If it stopped the operation of the production equipment to preserve evidence, it would lead to huge losses. It affects the supply of local farming fertilizer and the price of chemical fertilizers, and then affects the output and people's livelihood issues. Through in -depth analysis of the patent technical plan and evidence of the case involved in the case, I learned that when Fu Aisi Company had promoted its production capacity, it mentioned that the environmental assessment report and environmental protection acceptance report of the complaint equipment were mentioned. In the relevant situation, guiding Quanwei Company to change the idea of ​​preservation, only applying for environmental assessment reports and environmental protection acceptance reports to determine product characteristics, minimizing the possible impact of evidence preservation measures.

Turn the enemy into friends to develop together

The change of evidence preservation method has resolved the contradictions and losses that the preservation measures may trigger, and at the same time, it also solves the timeliness of sending the lawsuit materials to Fu Aisi Company, and provides the basis for the negotiation and reconciliation between the two parties. Under the promotion of the court, the two parties actively negotiated and eventually reached a settlement to the method of paying the annual usage fee to Quanwei Company by Fu Aisi Company. Fu Aisi Company could continue to use chemical fertilizer production equipment, and the two sides turned their enemies into friends. Quanwei Company then withdrawn from the Guangzhou Intellectual Property Court.

It is reported that from January to July this year, the Guangzhou Intellectual Property Court adjusted nearly 2,000 cases.

Wen, Tu/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Hou Jie, Chen Hongyi Guangzhou Daily · Xinhua City Editor: Zhang Ying

- END -