Philips Energy Saving Lamp Enterprises Strong Words: We Demand An Apology

Philips

This is Daipei Jun and the second direct confrontation. As a manufacturer of home appliances private enterprises in China energy-saving lamps boss Dai Peijun after a lapse of four years after the re-tabling of multinational companies to court?? V. each other of patent infringement.

The "Financial Times" exclusive survey was informed that this case implies that transnational corporations and private enterprises malicious infringement of intellectual property protection are two views on how the debate.

2006 12 21, the Beijing Municipal Intermediate People's Court of First Instance ruling of a Philips lost, and compensate the patentee Daipei Jun 500,000 yuan. Today, the prosecution and the defense refused to accept the decision, appeal to the Beijing High Court.

Daipei Jun's lawyer Li Yunde told the "Financial Times": "the amount of compensation is not a major, and we appeal mainly to require Philips to apologize."

Infringement Supremacy

The Haide Shi Electrical Co., Ltd. (hereinafter referred to as the Hai Deshi) chairman Dai Peijun is like the brains of the people, he told the "Financial Times", now that he personally has 35 active patents, all used in the Hai Deshi's energy saving lamp products.

Patent involved in this case is available in early 2003 called "electronic energy saving lamp bulb" design patent (Patent No. ZL02316788.2). Last year, Dai Peijun found that Philips sells four models of energy-saving lamps look the same with his design patents, and patent mark on its products, the patent number is ZL033630119, two pairs of Philips Electronic Trading Service (Shanghai) Co., Ltd. court.

Plaintiff found that the latter's patent application on a late flight the applicant Hangzhou China Lighting Co., Ltd. (hereinafter referred to Hangzhou Fei Hua). The company is the Philips in China one of the most important foundries.

During the trial, both the main focus Daipei Jun debate the validity of the patent. Philips Intellectual Property agents Yu Yucheng that the design of the patent is not novel, even ten years ago, Philips incandescent lamp used similar designs. He also believed that the appearance of Daipei Jun patent, is in the existing incandescent appearance, put on an energy-saving lamp ballast is used to wrap the plastic cover, which is a useful function design, design protection should not be .

However, Hangzhou, China also fly to and Dai Peijun similar design patent application for a patent, which became a powerful weapon for the prosecution: if the Philips is not a design that Daipei Jun patent, why should apply for its foundry Patent it? In this issue, "Financial Times" interview, Philips Intellectual Property & Standards (IP & S) about people who did not give a positive answer.

Philips Philips Intellectual Property & Standards is one of the business sector, worldwide commitment to Philips in the field of intellectual property and standards, all the work. The department and the appearance of various products of Philips patents closely related to the Beijing Intermediate People's Court of First Instance ruling of a set of Philips infringement, there are great reasons for this reason.

Two swords

Daipei Jun on the "financial Times" revealed that in three years ago, Philips, another major partner?? In the design of construction machinery import and export Co., Ltd. (hereinafter referred to in the set), has found himself, asked get involved in this design patent license, but because of the agreement price is low, and the other required protocol is not a "Philips" character, Dai Peijun refused.

Philips Intellectual Property & Standards, who have responded: "foundry operation is completely independent. Whether contact with both wearing training, it is on behalf of the freedom of the factory."

In fact, after 2002, Dai Peijun by claiming patent dispute with Philips court. At that time Daipei Jun v. Philips products infringing a utility model patent.

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