lqbatteryshop

Recently, the Guangdong Heng X trade mark agency reports, McDonald’s, Coca-Cola, Pepsi-Cola and other well-known foreign enterprises in Guangdong Province Toys and Gifts infringing use of the new Lida battery (Deqing) Co., Ltd. battery of similar products, patents, while the use of toys such as McDonald’s gift The purchase channel, mainly toys Dongguan Tangxia a gift company, and Boral Pan Asia Electronics Co., Ltd. and Dell INSPIRON E1705 Battery.

China’s “Patent implementation of administrative measures,” 33rd stipulates that the administrative authority for patent department finds that the decision to handle the establishment of patent infringement, the infringer to immediately stop infringement, the infringer to court administrative proceedings, during the proceedings did not to stop its implementation. At the same time, the legal profession say, even if only did not produce infringing use batteries as their acts constitute infringement, if the McDonald’s and other well-known overseas companies known to be infringing products still in use, but also an act of patent infringement.

Patent has been infringed losses

According to a report claimed that the company’s officers and an investigation of a toy gift company, Dongguan Tangxia a salesman surnamed Peng to discuss processing of toys in the name of contact, the salesman took out four toys samples, McDonald’s said it was exported to foreign countries Restaurant for gifts to consumers useful. Within these four toys are equipped with “PAKKO” trademark (Paco company) mercury-free button cell battery also contains “GREENCELL” (green battery) words.

March 28 this year, the Guangdong Provincial Intellectual Property Office law enforcement officers to Dongguan, a toy gift company Tangxia-site enforcement inspection found a number of one million of the company stock marked “PAKKO” trademark (Paco company) mercury-free button battery, and found that these are considered violations of the battery has been installed in the “prince charming”, “imitation of a cat,” “snail,” “Jellyfish” and other toys and games, in the scene, said the staff of the enterprise, these toys are for the McDonald’s processing production.

In the boro Pan Asia Electronics Co., Ltd., since 2006 is November 20, Huizhou Municipal Intellectual Property Office told the pan-Asian companies-spot and found that “PAKKO” sign A total of three mercury-free button batteries 1000; found that was producing the electronic watch movements and toys in the “PAKKO” Batteries 1000; and found in their bills of lading by the two PAKKO the quantity of batteries shipped a total of more than 4.226 million tablets. Pan-Asian companies a staff of law enforcement officials acknowledged that the toys sold in Europe and the United States market, others are gifts, some McDonald’s restaurants have been widely produced in the country as a Dell INSPIRON E1505 Battery.

In the pan-Asian company’s Web site (www.fanasia.net), click on OEM orders for us to see the company produces a variety of toy gifts, samples, which branded cat toy on the McDonald’s label, OEM orders from the profile, such as Pepsi, Coca-Cola, Philips and other famous brands are produced by using the pan-Asian toy gift.

Huizhou Municipal Intellectual Property Bureau, according to “a written decision” shows that the new Lida De Qing company had issued April 4, 2006 lawyer’s letter, so that pan-Asian companies not to re-use Paco company infringing batteries, because the , Zhaoqing City, Zhaoqing Office Intellectual Property Office made the word Case No. 2006, “a written decision on patent infringement disputes,” found Paco produced mercury-free button batteries indeed is a violation of the new company’s ZL0 123 Elite 4722. a patent patent; Guangdong Provincial Intellectual Property Office has also made 2006 the third number “written decision of administrative reconsideration,” to maintain the identified.

Huizhou Municipal Intellectual Property Office made the 2006 fourth case, “a written decision on a patent infringement dispute,” ordered the pan-Asian companies should immediately stop using the patent infringement “of mercury-free button-shaped battery products,” and the immediate destruction of all stocks This product

However, Paco and pan-Asian companies do not have to stop production and sales and use of infringing batteries, while McDonald’s and other companies are still entered to buy their toys with batteries for gifts infringing use, leading to a new patented Qing Li Dade’s loss is very serious, more than 10 million yuan each year.

The new company has been infringing Qing Li Dade common violations to prosecute companies in Guangzhou City Intermediate People’s Court, the hospital being heard.

Aloft the three-year battle to protect the patent lawsuit

It is reported that Guangdong will Paco is a 4 by 4 will be Yongli Metal Battery Co., Ltd. and Hong Kong, Paco Battery Co., Ltd. commissioned the production. This three companies with a total member of the owner group. Tober high commission company would be infringing the battery 4 Wynn has been at the company in December 2002 the State Intellectual Property Office of Patent Reexamination Board made a request to Reexamination Board to declare the new Qing Li Dade’s patent is invalid. At this point, the patentee took the arduous road to war to defend the patent.

In May 2004, the State Intellectual Property Office, the Patent Reexamination Board with a new patented product Lida button cell structure and has no substantive difference between the structure and its mercury-free alkaline manganese battery technology and cylindrical similar as the basis, so out a declaration of “mercury-free alkaline button-shaped batteries” utility model patent is invalid Dell INSPIRON MINI 9 Battery.

Qing Li Dade dissatisfied with the new company, then to the Beijing Municipal No. 1 Intermediate People’s Court proceedings, the State Intellectual Property Office to court. During this period, China Battery Industry Association, October 13, 2004 in Beijing, organized by the trade and academicians, experts and professors, almost 20-member expert panel discussion will be, the group unanimously affirmed the patent novelty and creativity.

But the Court of First Instance is still made the decision to maintain the patent is invalid. In response, companies are still not satisfied with the new Qing Li Dade to continue to the Beijing Municipal Higher People’s Court of Appeal.

Early in 2005, the patent to the National People’s Congress Wang, reflect this, and through her to the leadership reflected concern. Beijing Higher People’s Court has also attached great importance to December 20, 2005 was made final: it removes the first-instance ruling and the State Intellectual Property Office of Patent Reexamination Board’s decision to maintain the name “mercury-free alkaline button-shaped batteries”, Patent No. bit 0 1234722. one of the utility model patent valid, see Takayuki final word first two No. 0 “executive judgments.”

Mercury-free alkaline battery patent on the button shape, such as “Tang Sengrou”

Overseas, Japan’s Sony, Panasonic, Toshiba, Hitachi, Seiko, etc. and the United States, Europe and other battery manufacturers of mercury-free button cell mercury-free overtaken by a large number of studies. However, there are technical problems are not resolved, there is no one company can successfully produce mercury-free alkaline button batteries, resulting in the global market has been the use of mercury-containing alkaline button batteries. It is reported that a New Zealand-style micro-mercury alkaline batteries can be contaminated water is 600,000 liters, equivalent to the amount of drinking water a person’s life. The new Lida De Qing company through years of R & D labs, in 2000 mastered the technical formula, use a layer of iron tablets add electroless nickel and copper, indium or tin plating and then success will be mercury-free alkaline button batteries, China and Hong Kong to obtain a patent licensing and patent applications handled in other countries. China Battery Industry Association, believes that mercury-free button cell Dell INSPIRON 5000 Battery industry, the world is a “landmark” of technological progress.