In recent days, the shandong province market regulatory authority has published 10 typical cases of intellectual property rights assistance, dispute mediation and arbitration in shandong province in 2024, in which the case of “two levels together + inter-provincial defence” to help resolve overseas patent disputes, selected by the city intellectual property development centre, emerged from the list of successful cases。
Briefing
In june 2023, an application for rights-based assistance was filed by a rubber company with the zhejiang market supervision authority of the sun-ray city, alleging that its core product, the patenting of a lawn cutter blade, had been sold and authorized in the european union, the united kingdom and the united states by an overseas distributor of a company in zhejiang, resulting in a patent violation of its overseas agent's products, and that it was facing significant economic losses when it was mounted on a power company platform such as amazon. The centre for the development of intellectual property of the city of hirangai has established a joint steering group with the superintendence of the markets of the kampuchea mountain region to carry out investigative and forensic work in jiangsu township and zhejiang yiu city and to assist them in applying for administrative decisions and administrative mediation. After several rounds of negotiations, an administrative mediation agreement was concluded between a rubber company and a company in zhejiang for the cross-licensing of domestic and foreign patents. However, in may 2024, a british distributor of a company in zhejiang again sent a warning letter to oaks on the grounds of patent infringement. Under the guidance of the joint steering group, rubber issued a clarification statement stating the facts of the other party's patents, and negotiated with a company in zhejiang and its british-united states distributors on the basis of the legal fact that their european patents were no longer valid and on the basis of the current status of united states patents, which resulted in an agreement among the four parties to reach a settlement。
Typical meaning
This case, through the “two-tier linkage + cross-provincial rights + overseas mediation” model, quickly clarifies tenure, facilitates mediation, avoids lengthy litigation and high costs, and amply demonstrates the significance of domestic outreach in overseas intellectual property rights advocacy cases to promote reconciliation。
In recent years, the municipal markets regulatory authority has been fully exercising its role of market regulation, continuously raising the level of intellectual property protection and continuously raising the awareness and capacity of enterprises to protect against risks through a series of initiatives, such as training courses for enterprises dealing with intellectual property disputes abroad. As a next step, the municipal markets regulatory authority will use this as an opportunity to further strengthen intellectual property protection and protect the environment by providing good intellectual property rights to foster new quality productivity。
