Recently, RELX (Fog core technology) launched an administrative complaint to the Shenzhen Market Supervision and Administration Bureau about the infringement of its design patent by the products of Shenzhen Legend Digital Co., Ltd. After review by the Shenzhen Market Supervision and Administration Bureau, it was found that Boer infringed the design patent right of Yueke, and ordered Boer to stop manufacturing, promising to sell and sell the infringing product.
According to the ruling, Yueke held that the "Boer R4 atomization rod" product and the patented product involved in the case, the Yueke "Phantom" atomization rod, belonged to the same kind of commodity, and there was no substantial difference in the overall visual effect between the design and the design of the Yueke Phantom patent, which fell within the scope of patent protection.
Administrative Ruling on Patent Infringement Dispute Cases
According to the enterprise investigation data, Shenzhen Legend Digital Company, the parent company of the Boer brand, was registered in 2005 and has been engaged in the research and development of communication equipment and other businesses for a long time. The company changed in March 2021 to increase the research and development, sales and other businesses of e-cigarettes.
According to the enterprise investigation data, Shenzhen Legend Digital Company, the parent company of the Boer brand, began to engage in the research and development and sales of e-cigarettes in March 2021
It is understood that the shape of the "Boer R4 atomization rod" product resembles the Yueke "phantom" atomization rod, and there are only slight differences in the shape of the indicator light and the arc of the bottom of the atomization rod. As early as July 2020, Yueke filed a patent application for the design of Yueke "Phantom" with the State Intellectual Property Office, and the State Intellectual Property Office granted the patent and issued a certificate in March 2021, which was true and valid and protected by law.
According to the provisions of the Patent Law, after the design patent right is granted, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, promise to sell or sell its design patented products for the purpose of production and operation.
It is understood that since its inception in 2018, Yueke has made a number of breakthroughs in product technology and basic scientific research. At present, Yueke has more than 700 patent applications in the world, including 127 international invention patent applications and 131 Chinese invention patents, covering various aspects such as electronic atomizer design, atomization liquid formula, release safety, electronic control, intelligence and prevention of minors' purchase.
In addition to cracking down on patent infringement, Yueke has recently cracked down on a number of manufacturers selling infringing peripherals through complaints and lawsuits. These manufacturers, without authorization, privately produce and sell products such as atomized rod protective sleeves with the trademarks of "Yueke" and "RELX", which infringe on the exclusive right to use the trademarks of Yueke and constitute unfair competition.
It was found that on multiple e-commerce platforms, there are indeed a large number of peripheral products with the Yueke brand and the RELX trademark, and these sellers have not been authorized by Yueke. At present, Yueke has initiated 188 civil lawsuits in local courts against peripheral trademark infringement cases, of which 13 cases have been filed.
Relevant experts said that as the e-cigarette industry enters the era of legal supervision, e-cigarette companies with independent design and production capacity should take up legal weapons to safeguard their legitimate interests. In the face of infringement, enterprises can crack down on industry chaos through various legal channels such as patent applications, administrative complaints, and civil litigation, and promote the development of the industry in a healthier and orderly direction.