Recently, China Internet Security Company 360 has filed another Internet A-share listed company Shanghai 2345 Company with the court and filed 6 lawsuits on grounds of infringement of 6 invention patents and claimed 60 million yuan.
The resumption of smoke, this is the first 360 patent lawsuit filed after the return of the A-share market. Today, the intellectual property protection has been seriously valued today, this case is remarkable, and the results are worth the wait.
Two lawsuits filed in two places
Recently, 360 companies in Wuhan and Beijing successively initiated 6 lawsuits and sued another Internet A-share listed company Shanghai 2345 Company's '2345 Security Guard', '2345 Browser' and '2345 Game Box' for infringement of its 6 inventions. The patent requires the latter to compensate for a total of 60 million yuan in economic losses and a reasonable expenditure of 3 million yuan. At the same time, it is required to stop issuing the above three products.
At present, the Beijing Intellectual Property Court has accepted 3 of the above lawsuits. The 360 indictment stated that the 2345 security guards and optimization of the use of the product accelerated the acceleration of the ball, and the '2345 broken first aid kit' fell into the protection scope of the involved patents. Constitute infringement.
In addition, another 3 cases were filed in Wuhan Intermediate People’s Court. 360 indictment stated that 2345 browser products and 2345 game box products have fallen into the scope of protection of the involved patents and also constitute infringement.
360 The indictment claims that in order to obtain the patents involved, the company has invested a lot of time and money in research and development; at the same time, because the defendant has a large number of infringing product users, the market share is high, and the '360 Security Guard' 360 view of the plaintiff's operations The '360 game box' and other products caused a great market impact, and the defendant’s illegal income from it was huge.
The 2345 company's business segments include the Internet Business Group, the Internet Finance Business Group and the New Technology Research Institute. The Internet Business Group includes 2345 Website Navigation, 2345 Games, 2345 Accelerated Browsers, 2345 Ace Input Methods, and 2345 Film and TV Encyclopedia.
Its official website information shows that the 2345 Accelerated Browser was born in December 2010 as an important portal for the 2345 Website Navigation. It is one of the important products of the 2345 website. The 360 browser was released in 2008.
In addition, the involved 2345 security guards were launched on October 10, 2014. At the time of the announcement, the company’s security guards had independent intellectual property rights in key technologies. The advent of the product meant that the company officially entered the field of Internet security software. , a new growth point for the company's future business.
Intense competition in the market caused frequent litigation
In recent years, there has been an increase in the number of IP-related conflicts among Internet companies, especially in the field of patents, and disputes have frequently occurred.
On the 6th of 2016, Huawei Corporation filed an intellectual property lawsuit against Samsung in the United States and China for high-value patents on its communications technology and software for Samsung mobile phones, requesting compensation for economic losses of 80 million yuan. January 11, 2018, The court’s life sentence: “Samsung immediately stopped the infringement of patents involved, that is, stopped the implementation of the graphical user interface for patents involved in the operating system of the mobile terminal, stopped manufacturing, promised sales, and sold a total of 23 mobile terminals equipped with patented technology solutions. '.
In June 2017, Zhuhai Gree Electric Appliance Co., Ltd. (hereinafter referred to as Gree Electric Appliances) filed a claim to the court for a claim of RMB 40 million for air-conditioner products manufactured by Ningbo Oaks Air Conditioning Co., Ltd. (hereinafter referred to as Oaks) suspected of being infringed by six patents. On April 24, 2018, the Guangzhou Intellectual Property Court made a first-instance judgment on three of the cases. The court ordered that: 1) Oaks stop selling the products that were found to be infringing and destroy the inventory; 2) Oaks compensated Gree for economic losses And the right to safeguard their rights and expenses, and, because Oakes constitutes a burden of proof, he was sentenced to compensation in accordance with the full amount of 6 million Gree claims, for a total of 46 million yuan. This judgment amount has refreshed the air-conditioning industry patent litigation cases so far. The highest record.
In May 2017, the Beijing Intellectual Property Court accepted the plaintiff Shenzhen Int'l Technology Co., Ltd. (abbreviated as 'Call In Technology') for its two utility model patents' Charging Mobile Power Rental Equipment and Charging Clamping Device' and 'Acquiring Charging Device'. ', v. Defendant Hunan Haiyi Electronic Commerce Co., Ltd. ("Hunan Haiyi") and Defendant Shenzhen Street Electric Technology Co., Ltd. ("Street") for patent disputes. May 25, 2018, Beijing The intellectual property court sentenced the defendant to stop the infringement at the court and compensate the plaintiff for a total of 2 million yuan in economic losses.
Some experts stated that patent disputes are one of the manifestations of market competition and that market competition can not be avoided. In recent years, patent lawsuits between domestic Internet companies have continued, fully demonstrating that the level of research and development of China's Internet technology companies is improving. Awareness of intellectual property protection is also rapidly increasing.
Establish a more complete intellectual property legal system
In recent years, the words “IPR protection” have often been put on the table, especially this year.
On April 10th, at the opening ceremony of the 2018 annual meeting of the Boao Forum for Asia, President Xi Jinping delivered a keynote speech, stating that 'strengthening the protection of intellectual property rights is the most important aspect of perfecting the property rights protection system, and it is also the greatest incentive to increase China's economic competitiveness'. , and listed 'enhanced intellectual property protection' as one of the four major measures China has recently adopted in expanding its opening up. This is also the first time that leaders have emphasized intellectual property protection in Boao’s speech.
A series of concrete measures are already on the way. We must promote the revision of relevant laws and regulations, including the Patent Law. We must reorganize the State Intellectual Property Office. We should improve our law enforcement efforts to raise the costs of illegal activities. We should fully use the legal deterrence function... ...
Not long ago, at the 2018 China High-Level Forum on Intellectual Property Protection, Shen Changyu, Director of the State Intellectual Property Office, stated that the fourth comprehensive revision of the patent law is under way and will use this as an opportunity to establish a more complete intellectual property legal system. Put up the cost of illegal infringement of intellectual property rights, and let the infringers pay a heavy price.
There are laws to be followed, and laws are necessary. The trial of intellectual property rights has also made rapid progress. The three major intellectual property courts have been operating well and various intellectual property courts have been established one after another. At the National Intellectual Property Awareness Week organized by the Supreme People's Court in April this year, the highest Tao Kaiyuan, deputy dean of the People's Court, said that in the spirit of 'nail the nail', he has implemented various reform measures in the area of intellectual property trials, and has accelerated the process of modernizing China’s intellectual property trial system and trial capacity.