Fekon v. Honda--Typical IP Case in Guangdong 2015
The patent infringement litigation case that Guangzhou Feikenmotuo Vehicle Co., Ltd. (hereafter referred to as Fekon) entrusted Jiaquan IP Law to respond to the lawsuit brought by Honda Motor Co., Ltd. (hereafter referred to as Honda) is chosen as a typical case in 2015 by Guangdong Intellectual Property Protection Association.
In 2014, Honda filed a lawsuit against Fekon for infringing its design patent No. ZL 200930190118.5. Fekon entrusted Jiaquan to respond to the lawsuit and file a request to invalidate Honda’s involved design patent. In May 2015, the Patent Re-examination Board made a decision that the involved patent shall be completely invalid. Honda finally withdrew the lawsuit with Guangzhou Intermediate People’s Court.
This case provides a successful example for Chinese private enterprises when they are faced with patent litigations brought by international giants. The invalidation proceeding is undoubtedly one of the most effective strategies for defendants involved in patent infringement litigations.
Data Report on Chinese Intellectual Property Application and Administrative Proceedings in 2015
At the press conference of Chinese Intellectual Property Development 2015, President Changyu SHEN of the State Intellectual Property Office of P.R. China (SIPO) said that China keeps a good growth momentum in IP innovation. There were 2.799 million patent applications filed with the SIPO in 2015, among which 1.102 million were invention patent applications. With a year-on-year growth of 18.7%, the filing number of invention patent has been ranking the first in the world for five consecutive years.
According to statistics, in 2015, the number of granted invention patent was 359,000 (ranking second in the world); the filing number of PCT international applications was 30,500, which is increased by 16.7% over 2014; and the filing number of trademark registration applications was 2.876 million, which is increased by 25.85% over 2014. By the end of 2015, the total number of valid registered trademarks in China was 10,344 million, which has been ranking the first in the world for 14 years.
China has further strengthened IP protection. In 2015, the related departments strengthened administrative law enforcement and handled 36,000 patent administrative proceeding cases, with an increase of 46.4% over 2014. Besides, Administration for Industry and Commerce at all levels, market supervision departments recorded and investigated 51,000 infringement cases and settled 47,000 cases, involving a total value of 740 million Yuan (about USD112 million); demolished 522 criminal organizations manufacturing and selling fake products; transferred 238 suspected criminal cases to judicial authorities, involving a total value of 120 million Yuan (about USD18.2 million). Moreover, China’s public security organs cracked 21,000 infringement cases, involving a total value of 26.39 billion Yuan.