推荐访问:WWW.86148.COM 站内查询:
设为首页 加入收藏 在线留言
 
网站首页 制报道 中国法律篇 财经法规篇 地方法规篇 国际条约篇 案例汇编 法律英文版 法制课堂 会员注册 联系我们 福建法学
 
您现在所在的位置:首页 >>法律英文版>>CLASSICAL LEGAL PRECEDENT >> 文章内容
Utility Models Patent Rights Infringement Case&nbs
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:9877

 

1989.04.22
    UTILITY MODELS PATENT RIGHTS INFRINGEMENT CASE--He Peiping Vs.    
     Wu County Institute of Economic and Technology Development     
                                       
Plaintiff: He Peiping, Male, 32 years of age. Teacher, Lianshui County
Administrative Station, Radio and TV University, Jiangsu Province.      
                                       
Agents: Liu Peilie, Shen Bilian, Lawyer, Nanjing Maritime Law Firm, Jiangsu
Province.                                  
                                       
Defendant: Wu county Institute of Economic and Technology Development,
Jiangsu Province (hereinafter referred to as the Institute).         
                                       
Legal Representative: Chen Binggen, Director                 
                                       
Agent: Shi shiying, director, research department for building materials, the
Institute.                                  
                                       
Agent: Tang zhen, Lawyer, Nanjing First Law Firm, Jiangsu province.     
                                       
The plaintiff He Peiping brought a suit before the Nanjing Municipality
Intermediate  People's  Court  against the defendant the Institute for
infringement upon the patent rights for utility models.           
                                       
The plaintiff claims: The grey tile shaped in the whole piece (hereinafter
referred to as the grey tile) is the patent of the plaintiff. The new model
multi-joints  tile  (hereinafter referred to as the multi-joints tile)
developed and produced by the defendant falls within the protected scope of
the plaintiff's patent rights with respect to its principal shape and
characteristics, thus infringing upon the plaintiff's patent rights. The
plaintiff requests the defendant to stop the infringement and compensate for
his economic losses.                             
                                       
The defendant states: The multi-joints tile developed and produced by the
defendant is different from the grey tile of the plaintiff in such aspects as
modeling, technology and the quality of the materials. There does not exist
the facts of infringement for the multi-joints tile is developed and produced
totally by the defendant with independent composition and application for a
patent had been made before the public announcement of the plaintiff's patent.
                                       
The Nanjing Municipality Intermediate People's Court formed a collegial panel
according to the law and, by conducting public hearings, ascertains:     
                                       
The grey tile of the plaintiff He Peiping, a new modeled roof covering tile,
was developed with success in June 1986. On July 17 of the same year, the
plaintiff filed an patent application with the Patent Office of China for
utility model (the patent application number is CN86203975). The scope of
patent protection requested was: (1) Shaped in round curve tube; (2) A step
between a certain distance of the inside and the outside of the tile; (3)
Equal width with the ordinary grey tile, length 4-7 grades, grade distance
about 3050cm. The patent application was announced publicly by the Patent
Office of China on November 7, 1987 and He Peiping's grey tile was granted
the patent right for utility model on February 28, 1988.           
                                       
A patent application with regard to the multi-joints tile of the defendant
the Institute was filed with the Patent Office of China for utility model on
October 4, 1987 (the patent application number is CN87212348). The scope of
patent protection requested was: (1) Shaped in round curve; (2) Front sides
of the covering tile and the bottom tile shaped in multi-joints; (3) The
length of each joint of the covering tile equal to its width, generally 4-7
joints, each joint about 30-60cm in length; (4) A hollow sucked trough on the
back side in the front of the covering tile 0.5-1cm in width and 0.3-0.8cm in
depth, a flange on the back adage of the front side of the bottom tile, and
the trough is to be connected and jointed to the flange; (5) A flat surface
on the bo

[1] [2] [3]  下一页


【 字体: 打印本页 | 关闭窗口
 本文的地址是: http://86148.com/onews.asp?id=21386  转载请注明出处!
意见簿 | 联系我们 | 友情链接 | 标志说明 
合作联系:0591-28858502 网站合作联系 本站联系方式不接受法律咨询。
中国法律法规资讯网 版权所有 闽ICP备11010190号  制作:孤岩设计工作室

网络支持:哈唐网络科技有限公司
COPYRIGHT@2001-2018 WWW.86148.COM All RIGHTS RESERVED
www.86148.com www.Law114.cn www.86148.com.cn www.86148.cn