National News
L’Oreal Cosmetics Group recently brought a lawsuit against three face-washer companies for infringing its invention. Shanghai No.1 Intermediate People’s Court held the case, and ruled the above three companies cease infringement and paid 1 million yuan for economic losses and 230,000 yuan for reasonable costs.
The Hong Kong-based company, one of the defendants, alleged that the patent in dispute does not meet the requirement of creativity, so the patent should be invalid. The Hangzhou company held that it has obtained written authorization of distribution and sales of face-washer from Hong Kong company, so the Hong Kong company should be held legally responsible. Besides, it had stopped selling of the products after it was served in the lawsuit, so it has not intended to infringe the invention patent of L’Oreal, and such infringement shall not be constituted.
At the first trial, the court held that three companies infringed L’Oreal’s invention patent as it boast same technical characteristics. The Hong Kong company and Shanghai company belong to entrusting party and entrusted party, and both two companies infringed the patent right of L’Oreal Group for their roles in production and sale of infringement products. The Hangzhou company’s action of selling infringement products in on-line shopping site also violated L’Oreal’s patent right.
Shanghai No.1 Intermediate People’s Court made its first-instance rule, ordering the three companies cease infringement and paid 1 million yuan for economic losses and 230,000 for reasonable costs, and rejected other claims of L’oreal Company.
(by Li Xiao)
