Recently, the Hohhot Intermediate People's Court held a public hearing in the Hohhot Intellectual Property Trial Court to hear a case of infringement of utility model patent rights, Inner Mongolia Municipal Supervision Bureau, Hohhot Municipal Supervision Bureau and other administrative organs, patent agencies, enterprise representatives and other more than 30 people to observe the trial, let's go to the trial site to take a look.
It is understood that this case is a case of infringement of the use of new patent rights, the plaintiff is a company in Shanxi, during the market research period found that the defendant used the same product as the plaintiff has a patent right of the product, so a complaint brought the enterprise to court. During the trial, the parties fully expressed their respective demands and opinions, and the collegial panel organized the two parties to conduct a full debate on whether the appellant's behavior infringed on the use of the new patent right, so as to clarify the facts of the case and popularize intellectual property knowledge.
Qi Le, judge of the Third Civil Division of the Municipal Intermediate People's Court
In the course of the litigation, the plaintiff had difficulty in collecting evidence, and in the process we also applied for evidence preservation, and we went to the corporate address of the defendant company, took some photos, and served the defendant with relevant services, including an exchange of evidence.
In the course of the trial, due to the imperfection of the evidence presented by both parties, the on-site comparison could not be completed during the trial, and the presiding judge announced an adjournment and a retrial was held at a later date.
Qi Le, judge of the Third Civil Division of the Municipal Intermediate People's Court
In the later stage, we will decide whether to conduct an on-site comparison based on the plaintiff's application to confirm whether the defendant's product falls within the protection scope of the plaintiff's "claim 1". If it falls, we have to consider that the defendant constitutes infringement and bears the corresponding legal responsibility, and if it does not fall, then we must reject the plaintiff's claim.
After the trial, the collegial panel of the Third Civil Division of the Municipal Intermediate People's Court fully exchanged views with the patent examiners of the administrative organs and the staff of the Rights Protection Department, further unified the criteria for determining patent infringement, and further laid a solid foundation for jointly building a pattern of intellectual property protection.
In the next step, the courts at the two levels of Hohhot will further improve the pre-litigation and in-litigation litigation and mediation docking mechanism for intellectual property cases, especially technical cases with strong professionalism, further strengthen communication and liaison with administrative organs and enterprises, and make more efforts in case trial, litigation source management, and function extension, so as to provide pragmatic and effective judicial services for enterprise innovation and development, scientific and technological self-reliance and self-reliance, and help optimize and upgrade the capital's law-based business environment.