CPA Successfully Secures Pre-litigation Injunction to Stop Patent Infringement for Belgium Client
China Patent Agent (H.K.) Ltd. (CPA) is glad to report a recent case in which it has successfully secured a pre-litigation injunction on behalf of a Belgium client to defend its legitimate patent rights.
Upon the entrustment by the client along with the knowledge that in the China International Textile Machinery Exhibition held during 12-16 June 2012 in Shanghai, three Chinese companies would exhibit machinery products allegedly infringing the client’s patent rights, CPA attorneys including Mr. Wang Gang, Mr. Ji Changzhi and Mr. Li Xiao acted promptly on the case, devoting themselves to preparing the written request and gathering relevant evidence for the application of a pre-litigation injunction.
Through the efforts of the CPA attorneys, the investigators managed to get preliminary evidence in favour of the pre-injunction by the time the exhibition started. The First Intermediate Court of Shanghai, in examining the evidence, was convinced of the potential damage to the client's patent rights, thus issuing the ruling the day following its acceptance of the injunction application that the three accused companies should stop exhibiting the infringing products.
Despite receipt of the injunction, one of the companies disregarded the court’s order and continued the infringing behaviour. As a result, the infringer was imposed fines of RMB100,000 plus a 10-day detention. This is reportedly the first case that has ever imposed legal penalty in Shanghai on violation of a pre-litigation injunction order.
As far as this case is concerned, time is a key factor since the display of infringing products lasted but the several days of the session. In the event of any incomplete documentation there may not be enough time for supplementary filing. CPA attorneys' contribution here lies mainly in a good grasp of the situation about what to do to satisfy the requirement on both the documentation and evidences under the time pressure, in order to avoid minimal delay from protecting the client’s IP rights and interest.
