Philips wins patent dispute

The Shanghai second Intermediate People's Court recently made a first instance judgment on a case in which Royal Philips Electronics sued Wenzhou Ridian Electrical Appliance Co Ltd and a storekeeper for patent infringement. The court ruled that the two defendants should halt infringement and Wenzhou Ridian should pay Philips 200,000 yuan in compensation.

In June 2006, a Philips representative bought two shavers in the store in Shanghai. The shavers were produced by Wenzhou Ridian Electrical Appliance Co Ltd. Later the Intellectual Property Affairs Center of Ministry of Science and Technology identified that the technical features of the shavers were identical with those of Philip's patent for invention. Philips filed suit in the Shanghai 2nd Intermediate People's Court.

During the trial, Wenzhou Ridian argued that it did not produce or sell the shavers, and that the patented technology claimed by Philips had been publicly disclosed in the industry. The other defendant, the storeowner identified only by the surname Fang, argued that he purchased the goods in a wholesale market in Yiwu and did not know about the any infringement.

Having compared the electric razors with the plaintiff's patented products, the court held that the technical features fell under the scope of protection of the plaintiff's patent right. According to the information on the shaver packages and the product information on the website of Wenzhou Ridian, the court established that the shavers were manufactured and sold by Wenzhou Ridian.

AFD China Newsletter is intended to provide our clients and friends information only. It should not constitute legal advice of AFD China or any of its attorneys, and AFD China will not be held responsible for any reliance on its contents.