AFD China Successfully Tackles Patent Infringement by Resorting to Administration Measures
It is an arduous and important task for a patentee, after a patent has been granted, to enforce the patent and maximize the value of the patent and effectively combat any form of infringements. Considering the geographic limitation, it may be more difficult for the patentee abroad to launch a successful combat against infringement in the Chinese market.
AFD in the past assisted a foreign manufacture to have had one of their important products patented in China. So when noting infringing products in the Chinese market, the client reaches out to AFD for tackling the infringement case as a part of the enforcement of the patent.
To deal with the situation, AFD team immediately took actions once communicated with the patentee for the investigation on the infringement, and evaluated the venues and judicial and administrative manners for taking actions. After purchasing the infringing products under the notarization as evidence, we did the comparative analysis on the infringing products and the scope of the claims. In parallel, we also notarized the infringer’s webpage in time for further evidence. With the set of evidence for proving that the infringer sells the infringing products and offers to sell the infringing products, we started to request the local intellectual property administrative authority in a selected venue to take necessary actions against the infringement.
During the investigation held by the local authority, we acted actively on behalf of our client for assisting to identify the infringing products and collect evidence. We also presented analysis for infringement in oral hearing and further comments during the hearing before the local authority. Our analysis is also supported by later Opinions issued by a third party’s analysis report , which is requested by the local authority and the request are approved by both parties.
With strong evidence, analysis in the Briefs and proper approach, we fought for protecting the client’s right in this case. Finally, the authority ruled in favor of our client, determined the infringement and issued the order to cease the infringement.
Through this case, AFD’s approaches and strategies are tested again and we also have further picture on potential problems that foreign right-owners may face.