Abuse of patent rights and constitute unfair competition -- a company in Guangzhou ruled to compensate 50,000 yuan

Two beauty equipment manufacturing companies in Guangzhou both have light-wave cabin products, and conflicts have repeatedly arisen because of this product.

Because they believe that Guangzhou Haitian Beauty Instrument Co., Ltd. and others know that the beauty product light-wave cabin operated by others uses the existing design, and has voluntarily withdrawn the request for the administrative investigation, they are still on the e-commerce platform many times. The behavior was suspected to be an act of unfair competition that abused patent rights, and maliciously filed a complaint against intellectual property rights. Shijing Gesi Meiyi Equipment Manufacturing Factory in Baiyun District, Guangzhou City was sued to Guangzhou Intellectual Property Court, and requested the court to confirm that it did not constitute patent infringement, and judged Haitian's relevant actions to constitute unfair competition and compensate for economic losses.

Recently, the Guangzhou Intellectual Property Court made a first-instance judgment on the case and found that Haitian Company and other malicious complaints seriously affected the normal production and operation activities of Gesi Meiyi Factory, disrupted the order of market competition, and violated the principle of good faith and business ethics, it constitutes unfair competition, and should stop and compensate Gesi Meiyi Factory for economic losses of 50,000 yuan. According to the Guangzhou Intellectual Property Court, the case has been appealed.

According to Guan Jian, the responsible officer, this case is to confirm non-infringement of patent rights and unfair competition disputes. This type of case is handled differently than general infringement cases and is more special.

After analysis in this case, although the alleged infringing product is the same as the involved patent, it constitutes an existing design. Therefore, Gesi Meiyi Factory appealed to confirm that the complained product did not infringe the involved patent. At the same time, after close analysis of this case, it was determined that Pan Moujun and Haitian had filed multiple complaints against Gesi Meiyi Factory for many times, knowing that the products being complained against were existing designs and did not constitute infringement. Objectively unjustified, it seriously affects the normal production and operation activities of Gesi Meiyi Factory, disrupts the order of market competition, violates the principle of good faith and business ethics, and harms the legitimate commercial interests of Gesi Meyi Factory. Haitian’s malicious complaints constituted unfair competition and should be stopped.

"The handling of this case made a useful attempt to abuse patent rights and constitute unfair competition and other issues. It severely cracked down on deliberate use of the intellectual property rights of existing designs to suppress peers, and helped create a fair competitive market environment. It has a good legal and social effect." Guan Jian said.