Learn To Protect The Legal Right And Interests With Laws
Issue 1,[Patent]
“A foreign company engaged in patent business will refer to Chinese laws and regulations at first to determine whether their action is legal. They are taking significant efforts in protecting their legal rights and interests with laws, “ said Mr. Chen, a worker for the China Council for the Promotion of International Trade.
Chinese enterprises lack the experience to respond quickly with lawsuits and corresponding countermeasures when patent disputes arise. As a result, these enterprises often find themselves losing lawsuits, and thus losing market share. Additionally, the export products made in China and the image of China are tampered with when these Chinese enterprises lose lawsuits, thus tainting the legitimacy of China’s economy.
“It is urgent for Chinese enterprises to improve their ability to negotiate in lawsuits concerning patents and cases of infringement,” said Yuan Jianzhong, an intellectual property lawyer from Taiwan.
Chinese businesses have begun to take strides in learning how to protect their legal rights and interests. In April and September of last year, Philips, a leading manufacturer of shavers, complained to the Intellectual Property Office in Zhejiang Province that four companies in Wenzhou had infringed upon their patent right concerning two of Philips’ shavers. On the basis of facts collected by the firm representing the alleged infringing companies, the firm submitted an application declaring that the patent rights granted for the designs of Philips’s two shavers were invalid due to the absence of novelty. The Patent Reexamination Board of State Intellectual Property Office in Beijing then declared the patent right granted on the design of Philips’s shavers invalid.
“In the event of a lawsuit, Chinese enterprises should take the initiative and be prepared for any situation that may arise,” Wang Junzheng suggested. “Before the products are exported to the U.S, Chinese enterprises should take some precautionary measures, such as applying for a patent, which can prevent any potential trouble and also make the companies more competitive.”
“Chinese enterprises should not be confounded by the lawsuits which are filed against them.” Wang Junzheng suggested, “Responding to the lawsuits promptly and with confidence will give the U.S International Trade Committee the signal and the impression that Chinese enterprises are not in the wrong.”
京公网安备 11010802020770号