Home System concept Sanyou IP News – September 2022

Sanyou IP News – September 2022

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1. Sanyou successfully represented Dixsen in the second instance lawsuit involving a patent infringement dispute over a split-core current transformer

2. Sanyou IP Management System 6.0 Release Conference

3. From November 1, 2022, the online application of trademark rejection review cases will be fully implemented

1. Sanyou successfully represented Dixsen in the second instance lawsuit involving a patent infringement dispute over a split-core current transformer

Sanyou customer: Zhejiang Dixsen Electrical Co.,Ltd.

Test body: Supreme People’s Court

Test result: The court upheld patent infringement and ordered compensation of RMB 650,000.

Case Facts

Zhejiang Dixsen Electrical Co.,Ltd. was founded in 1995, mainly engaged in the production of high and low voltage transformers, electrical instruments and other products. It enjoys high reputation in the industry, with strong technical force, insists on independent innovation and a number of patents in related technical fields.

The invention patent involved in this case is a pioneering current transformer technology independently developed by Dixsen Corporation. Due to the open-closed structure, there is no need to disassemble the measured circuit when maintaining and replacing the transformer, which is easy to disassemble and has high efficiency. In addition, the wiring terminal is convenient for wiring and can meet the requirements of customers’ different wiring modes. This patent has a very high market value and technological advancement. Competitors made numerous invalidation requests to China’s National Intellectual Property Administration, and the invention patent was kept in force.

After finding infringers in the marketplace, Dixsen entrusted our team of attorneys to develop rights protection strategies and put them into practice. The team of lawyers successfully procured the controlled infringing products and cooperated closely in infringement litigation and patent invalidation proceedings. The court considers that our client’s invention patent is now within the validity period and the patent right is legally protected. Therefore, the main points of contention in this case are: 1. Whether the technical solution accused of infringement falls within the scope of Sanyou’s patent protection, and 2. Plaintiff’s request for cessation of infringement and compensation for losses is reasonable and legal.

1. According to legal provisions, the scope of protection of the patent right is determined by the content of the claims, and the description and the drawings may be used to explain the content of the claims. Therefore, to determine whether the allegedly infringing technical solution falls within the scope of protection of the patent right, all technical features recorded in the claims asserted by the right holder must be examined. If the incriminated technical solution contains technical characteristics identical or equivalent to all the technical characteristics recorded in the claims, the people’s court determines that it falls within the scope of protection of patent law. Sanyou has provided evidence and successfully proved that the infringing technical solution in dispute contains technical features similar to all the technical features recorded in our customers’ claims, and therefore falls under the protection of patent law.

2. Without the Sanyou customer’s permission, the infringing party produced, sold and offered to sell counterfeit products for commercial purposes in 2013, 2019 and 2020 even after the award of compensation, which is an infringement repeated in obvious bad faith. Its unauthorized manufacture and sale of counterfeit products without authorization and control may endanger public safety. The court accepted and upheld Sanyou’s claim.

Eventually, the court ruled that the patent infringement was established and ordered compensation of 650,000 RMB.

Typical meaning

With the strengthening of national intellectual property protection, a patentee should receive higher compensation for damages. However, the patentee must provide evidence in order to obtain higher damages. In this case, Sanyou’s lawyers collected and organized evidence based on the following five aspects:

1) Applicant’s invention patent has strong stability and high market value.

2) The financial data submitted by the defendant showed that he had made significant profits through his infringement of the plaintiff’s patent.

3) The defendant’s breach is serious.

4) The defendant had obvious malicious intentions.

5) Personal safety and the public interest may be endangered by the offence.

This case provides a positive reference on how to increase the amount of damages.

2. Sanyou IP Management System 6.0 Release Conference

Under the theme of “Integrating Data and Intelligence, Creating and Sharing the Future”, Sanyou IP Enterprise Management System Version 6.0 Launch Conference was held! Sanyou Intellectual Property Group executives, employee representatives and Sanyou partners were invited to attend the event and witnessed the opening of a new chapter of Sanyou brand building with colleagues online .

In 1993, the first version of Sanyou Enterprise Management System was officially applied, followed by the birth of the second, third and sixth editions. Repeated R&D investments have helped Sanyou build an efficient, accurate, interconnected and collaborative business structure.

The current version 6.0 is an automated and intelligent business management system. The system architecture can meet the management needs of the distributed office model. Moreover, it adopts the workflow mode which forms a closed loop. By using big data and AI, it improves accuracy and reliability and thus increases work efficiency.

Since its establishment in 1986, Sanyou has continued its high-quality development for 36 years, creating one industrial model after another. What is truly commendable is not the enterprise management system itself, but Sanyou’s concept of being prepared for danger in times of safety, continuous innovation and the belief of embracing the future without fear difficulties!

3. From November 1, 2022, the online application of trademark rejection review cases will be fully implemented

In order to further improve the electronic service level of trademark examination, strengthen the effective link between the administration and the judiciary, and promote the green development of trademark examination, the CNIPA Trademark Office has published the Notice on the full implementation of the online application for the rejection of examination cases.

It is mentioned that from November 1, 2022 (including the day), CNIPA will fully implement the online application for rejection review cases, and trademark agencies will no longer submit paper documents for rejection examinations and will use the trademark online application service system to submit electronic applications.