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The Act of
Manufacturing
Design Patent
Products
How do you determine the act of sold by his company, but he submitted relevant
manufacturing in a design patent evidence to claim that those products were purchased
infringement case? Would it merely from a third party and denied the responsibility of
refer to the physical act of production? manufacture. Moreover, production did not fall within
This article should give you some ideas the scope of the Defendant’s business activities, which
about the act of manufacturing. To means that the Defendant did not have the ability of
begin with, let’s look at a typical case producing the products.
that we recently handled.
Legal Basis
Case Review
Article 100 of Guidelines for Patent Infringement
The Plaintiff, a high-tech lighting Determination (2017) by Beijing Higher People’s Court:
enterprise in Jiangmen, was devoted
to research, manufacture, and sale of The making of the design patent product refers to
high quality and energy-saving LED that the product incorporating the patented design
products. Paying much attention illustrated in the drawings or photographs submitted by
to product innovation and IPR the patentee when filing for a patent application with
protection, the company filed two the patent administration department under the State of
Chinese design applications with Council is carried out.
the titles of “LED Light Fittings
(Showing Stand)” and “LED Showing Article 396 of Contract Law of the People’s Republic of China:
Stand” in May 2017. Both patents
were granted a month later. A commission contract is a contract whereby the
principal and the agent agree that the agent will handle
In 2018, the Plaintiff found the principal’s affairs.
another lighting company in
Foshan, hereafter referred to as the
Defendant, was selling the aforesaid
design patent products. Entrusted by
the Plaintiff, we collected evidence
and brought a lawsuit before
Guangzhou IP Court. In February
2019, the Court made a judgment
that the Defendant has constituted
infringement and ordered the
Defendant to stop producing and
selling the infringing products.
During the trial, the Defendant
admitted that their products were
3 AmCham South China
The Act of
Manufacturing
Design Patent
Products
How do you determine the act of sold by his company, but he submitted relevant
manufacturing in a design patent evidence to claim that those products were purchased
infringement case? Would it merely from a third party and denied the responsibility of
refer to the physical act of production? manufacture. Moreover, production did not fall within
This article should give you some ideas the scope of the Defendant’s business activities, which
about the act of manufacturing. To means that the Defendant did not have the ability of
begin with, let’s look at a typical case producing the products.
that we recently handled.
Legal Basis
Case Review
Article 100 of Guidelines for Patent Infringement
The Plaintiff, a high-tech lighting Determination (2017) by Beijing Higher People’s Court:
enterprise in Jiangmen, was devoted
to research, manufacture, and sale of The making of the design patent product refers to
high quality and energy-saving LED that the product incorporating the patented design
products. Paying much attention illustrated in the drawings or photographs submitted by
to product innovation and IPR the patentee when filing for a patent application with
protection, the company filed two the patent administration department under the State of
Chinese design applications with Council is carried out.
the titles of “LED Light Fittings
(Showing Stand)” and “LED Showing Article 396 of Contract Law of the People’s Republic of China:
Stand” in May 2017. Both patents
were granted a month later. A commission contract is a contract whereby the
principal and the agent agree that the agent will handle
In 2018, the Plaintiff found the principal’s affairs.
another lighting company in
Foshan, hereafter referred to as the
Defendant, was selling the aforesaid
design patent products. Entrusted by
the Plaintiff, we collected evidence
and brought a lawsuit before
Guangzhou IP Court. In February
2019, the Court made a judgment
that the Defendant has constituted
infringement and ordered the
Defendant to stop producing and
selling the infringing products.
During the trial, the Defendant
admitted that their products were
3 AmCham South China
