Free installation of 73 street lights provoke lawsuit Zhongshan lamp prices were sentenced to compensate for the loss of 900 thousand

Two pieces of lighting products similar appearance, there is only a slight difference between the local, whether constitute infringement? Zhongshan lanchen Photoelectric Technology Co. Ltd. for the production and sale of products and Zhongshan Hongbao electrical limited company's products are very alike, and by the patentee, Ms. purchased patent Hongbao company two times to court.

In the case did not drop before the final, lanchen company signed a contract with the government to sell 2873 Henglan Town, street lamp. The high court in March this year, the company identified lanchen infringement, the need for 73 street lights to compensate the other party for more than 5 yuan. The reporter learned yesterday, in the second case, lanchen company because of 2873 street lamps, by City Intermediate People's court for Hongbao company 850 thousand yuan.

Free installation of 73 streetlights into infringement lawsuit

In 2012, Henglan Town on the energy saving renovation section of Qijiang road lights. The town government in October 22nd of the same year and lanchen company signed a contract, agreed to some sections of highway 73 streetlights Henglan Town Qijiang to lanchen company LED modification of burner. This contract does not involve the issue of cost, the government to give the company a lanchen display platform, do not pay any fees.

However, the town government to provide free contract section of the post advertising to blue morning companies to advertise for free advertising for a period of 2 years. Lanchen company will provide 5 years of free maintenance service cap.

In November 23, 2012, Ms. Du lawyer to Shiqi notary office to apply for preservation of the evidence, she thinks the company's product infringement lanchen. Ms. Du in 2011, the patent to 5 yuan in the price of $300 thousand sold exclusively to Hongbao company. Her this patent, the overall appearance is that of a ship, and the company's highly similar lanchen lighting products.

Ms. du to fast infringement rights center complaints, lanchen. Lanchen company said they designed the lighting products in 2010, put into the second half of 2011, total production of 300 units, 270 units have been sold 30 sets of inventory. 73 of them are used in the lighting renovation project of the town government.

Because the two sides mediation to no avail, Naidu and Hongbao company in January last year filed a lawsuit to the court, ask to stop production and sale of infringing products, and destroyed, demolition has been installed lighting, compensation, Ms. Hong Bao company 100 thousand yuan and reasonable expenses 4100 yuan to stop infringement.

Subtle differences in the product affect the infringement identified?

In court, Ms. hung and company submitted 10 photos to the court, are lanchen company in Qijiang road installed street lights. In addition, Ms. lanchen submitted on the company website product picture, in addition to the cap quantity are different, the rest have the same appearance and patent products.

Lanchen company with a current design of Shanghai Xin lighting technology company defense. In accordance with the law, if the infringement of the work is a simple combination of the existing design and the usual design of the product, the alleged infringement of the product does not constitute infringement.

Lanchen company believes that the design patent and MS. Shanghai Xinguang company, is the overall appearance of a boat. In addition, the company lanchen lighting products and there are 7 different patent.

City court believes that different lanchen company said the only design changes of local small, not enough to affect the overall visual effect. In accordance with the law, the court is to design patent products of the general consumer knowledge and cognitive ability to determine whether the design is the same or similar. In general view, the company's products and patent design lanchen Ms. there was no substantial difference.

The existing design of Shanghai Xinguang company is trapezoid, significantly different from the company's products are lanchen ship. City Intermediate People's Court of first instance found lanchen companies constitute infringement, to stop infringement, compensation, Ms. Hong Bao company a loss of 50 thousand yuan and 4100 yuan rights fee.

Two cases were losing a total of 900 thousand yuan

Lanchen company refused to accept the city intermediate people's court verdict, appeal to the high court. But in the second period, lanchen company in October 31, 2013, signed a sales contract with LED Street Henglan Town People's government. Subsequently, lanchen company installed 2873 LED lights in the Qijiang Road, cross road, Hong Kong Avenue, Yongxing Avenue, Qingfeng road more than and 50 road.

In March 7, 2014, the Guangdong Provincial Higher People's court made a final decision on Ms. Du, Hongbao company v. company lanchen infringement case. The high court of Final Appeal dismissed the appeal upheld lanchen company.

Hongbao company to the city intermediate people's court filed second lawsuits, this involves a total of more than and 50 sections of a total of 2873 street lamps. In November 13, 2014, City Intermediate People's court hearing on the case after the verdict, sentenced lanchen company to immediately stop the infringement, and should pay compensation to the Hong Bao company 850 thousand yuan.

Yesterday, the reporter interviewed the Hong Bao company, the company said, Hongbao company was the two cases of infringement is at present many domestic LED lighting enterprises do not respect the intellectual property of others, do not pay attention to a microcosm of present situation of intellectual property protection. "Today, the enterprise intellectual property rights consciousness in awakening, intellectual property rights legal protection measures is also more perfect, simply copy the approach has not work, enterprises must adhere to independent research or paid permit the use of intellectual property rights road. "

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