As the world's No.1 manufacturer and exporter of
air-conditioners and refrigerators, China's demand for thermal
protectors, an indispensable part for compressors, has always been
huge. However, before 2006, core technologies and pricing power of
thermal protectors had been in the hands of overseas companies. And
in that year, Changzhou Changrong Electrical Appliance Co., Ltd.
(hereinafter referred to as "Changrong") upset the
monopoly of foreign companies over the technology with its
independently developed products, which proved popular once they
hit the market.
These products enraged a Japanese company vying for a continued
monopoly over Chinese market. It accused Changrong of infringing
its patent of invention and brought a lawsuit in the Intermediate
People's Court of Hangzhou, Zhejiang. To beat down the emerging
Chinese company, the Japanese company applied to the court for
preservation of Changrong's property via freezing RMB12mln in
its bank account. These came as a terrible blow for Changrong, who
had been preoccupied with R&D of its own products. But a
comparison between their brainchild with the patent of the Japanese
company showed that the two used different technologies.
Mr. Pan Jianmin, an IP attorney from Dacheng Law Offices who
acted for Changrong, found that the Japanese company's claim
was not on solid ground and requested the court to consider the
difficult economic circumstance of Changrong. His opinion was
adopted and property preservation was not executed, leaving
breathing room for the hard-hit Chinese company. This also prompted
the disappointed Japanese company to drop the case in the Hangzhou
But it was in fact plotting a prolonged battle against
Changrong. Shortly after the defeat in Hangzhou, the Japanese
company brought the case to the Intermediate People's Court of
Zibo, Shandong, still on account of patent infringement. Changrong,
confident of its independent patent, stood up to the challenge from
its opponent and the skepticism from the public determinedly and
fearlessly. Their fight lasted nearly eight years till the High
People's Court of Shandong, court of last instance, ruled in
favor of Changrong. Its efforts eventually paid off.
It is reported that despite the troubling litigations during the
past eight years, Changrong has managed to grow into a prominent
compressor thermal protector provider with RMB130mln revenue in
2013 and a modernized factory 260,000 m2 in size. Attorney Pan
Jianmin from Dacheng says that the success should be attributed to
two things: one the one hand, Changrong has taken precautions over
patent protection even at the early stage of R&D; on the other
hand, it has shown much determination and courage countering the
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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