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How Beijing China Intellectual Property Office
Enforced Fujifilm Patent Rights Vs. Toner Counterfeiters.
In a significant ruling that underscores the importance of intellectual property rights, the Beijing Intellectual Property Office has adjudicated a patent infringement dispute involving a “toner cartridge and image forming device.” The case centered on the invention patent (No. ZL201010211753.9) held by Fujifilm Business Innovation Co., Ltd., which was granted on May 28, 2014. The patent was deemed legal and valid at the time the infringement dispute was filed.The dispute arose when Fujifilm Business Innovation alleged that Beijing Pinyoujiahui Technology Co., Ltd., along with Beijing Weinasi Gang Technology Co., Ltd. and Zhongshan Jingcheng Technology Co., Ltd., had infringed upon its patent. Specifically, Fujifilm accused Pinyoujiahui of selling products manufactured by Weinasi Gang and Zhongshan Jingcheng without authorization, thus falling within the protection scope of the patent.
During the proceedings, the defendants claimed that the products in question had design patents filed by Pinyoujiahui. Furthermore, Weinasi Gang and Zhongshan Jingcheng denied manufacturing the disputed products. Despite these assertions, the defendants did not present evidence to substantiate their claims of non-infringement.
The Beijing Intellectual Property Office proceeded with the case in absentia due to the defendants’ failure to attend the oral hearing. After examining the evidence, the Office determined that the products indeed fell within the patent’s protection scope. Consequently, it was ruled that Pinyoujiahui had offered for sale and sold the infringing products, and that Weinasi Gang and Zhongshan Jingcheng had manufactured them.
On April 28, 2023, the Beijing Intellectual Property Office delivered its verdict. It affirmed that the products in question were protected under the patent and ordered Pinyoujiahui to cease selling them immediately. Additionally, Weinasi Gang and Zhongshan Jingcheng were instructed to halt production, destroy the equipment and molds used for manufacturing the infringing products, and refrain from selling or using any unsold infringing items.
This ruling serves as a reminder of the stringent enforcement of patent rights in China and the potential consequences for companies that fail to respect these legal protections. For more detailed information on the patent, please refer to the official documentation available on the Google Patents database.
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