《Case Facts》
On July 25, 2002, Xiaoming filed a request for patent infringement dispute settlement with the Shenzhen Intellectual Property Office, suing The respondent, Shenzhen ×× Company, infringed its invention patent right (hereinafter referred to as this patent) titled "A Teflon Thin Fabric and Its Application" (Patent No. ZL95104896.1). The petitioner claimed that it owned a Chinese patent titled "A Teflon Thin Fabric and Its Application" (Patent No. ZL95104896.1). The petitioner sold a batch of patented products to the respondent on August 1, 2000, but both parties Didn't work together again. The respondent later organized the sale of infringing products from other places and published advertisements for the infringing products on its website, causing losses to the petitioner. It requested the Shenzhen Intellectual Property Office to order the respondent to immediately stop selling the infringing products and order it. The respondent immediately stopped publishing and destroying advertising materials for infringing products, stopped publishing advertisements for infringing products on its website www.abrasive-kaidacn.com and its websites authorized by the respondent, and ordered the respondent to compensate the petitioner for economic losses in RMB 500,000 yuan and publicly apologize to the petitioner. The petitioner also submits the notarized web page information of the respondent and samples of the accused products.
The Shenzhen Intellectual Property Office temporarily detained 210 pieces of glass fiber mesh during the on-site investigation and inspection of the respondent's business premises, including 200 pieces of φ410 mm × 26 mm and 410 mm × 410 10 pieces in mm size.
The respondent submitted a statement of defense on August 14, 2002, stating: (1) The respondent invested in the company "Shenzhen Jintai Fiber" of the petitioner on July 3, 2000 Co., Ltd. purchased Teflon thin fabric gaskets, 10,250 pieces of products with a specification of φ360mm, and 5,250 pieces of products with a specification of φ410mm. These products have been exported to Thailand in three batches before February 12, 2001, and have export customs declarations. documents and export invoices as evidence; (2) The respondent purchased "glass fiber impregnated mesh" from "Dongguan Tiansheng Glass Fiber Co., Ltd." in two installments in early July 2001 and February 20, 2002 and has All are exported and sold. The product is different from the product specified in the patent and does not constitute infringement; (3) The product obtained by the Shenzhen Intellectual Property Office at the respondent’s business premises on July 30, 2002 was Mr. Zhu Bo’s in July 2002. On October 26, 1999, the petitioner asked someone to send samples to the respondent; (4) Since October 18, 1999, the petitioner had repeatedly asked the respondent to sell Teflon thin fabrics and other products abroad, so the petitioner was requested It is in line with business practice for people to promote "Teflon thin fabric" on their own websites. Moreover, the specifications and manufacturing process of the product are not clearly stated on the website, nor is the patent name of the applicant listed; this product has been used by many companies for a long time. Productionand use, which has also been recorded in many publications; when the petitioner asked the respondent to promote Teflon thin fabric products, it did not inform that it was a patented product. If it also asked the respondent to stop publicity and sales, it would violate business practices and damage the company. The respondent's business reputation and economic interests; (5) The respondent did not know that the "Teflon thin fabric" product was the petitioner's patented product. Request the Shenzhen Intellectual Property Office to reject all requests of the petitioner.
