Arousing the awareness of intellectual property rights of Chinese enterprises still has a long way to go

During the China Patent Week from November 30th to December 6th, the Henan Provincial Intellectual Property Office will hold a number of activities around patent technology. It is hoped that by organizing such activities, people will be conscious of the protection of intellectual property rights and safeguard public entrepreneurship and innovation. Enthusiasm.

The current situation of intellectual property infringement has increased
In recent years, intellectual property rights represented by patents, trademarks and copyrights have increased year by year, which indicates that Henan's technological development is constantly improving. Han Ping, deputy director of the Henan Provincial Intellectual Property Office, told the reporter that “Henan has actively introduced many national-level projects. These projects have played a positive role in promoting the influence of the province in the national intellectual property field and promoting industrial transformation and upgrading.”
It is understood that in recent years, the Patent Office of the State Intellectual Property Office has reviewed the patent center of Henan, the national intellectual property creative industry pilot park, the national intellectual property service industry cluster development pilot zone, and the national patent navigation (superhard materials) industrial development experimental zone. A number of major intellectual property projects have been settled in Henan. The person in charge of the Legal Affairs Office of the Henan Provincial Intellectual Property Office told the reporter that in the past few years, Henan's patents, trademarks, and copyrights have developed rapidly, and the number has increased exponentially every year, but the number of infringements has also increased year by year.
According to a lawyer from a law firm specializing in intellectual property rights protection, his annual contact cases have increased in the past two or three years. In the first 11 months of 2015, it was twice as many as in 2010.

Some patent cases in rights protection have long litigation time and high cost
Yao Jianfu, a business owner of the soy machine machinery, is also the patentee of the “tofu skin machine scissor upgrade machine”. In 2010, he found that the bean machine produced by Zhoukou A Soybean Machinery Co., Ltd. was almost the same as the one produced by himself. After collecting the evidence, on January 21, 2011, Yao Jianfu took the bean products machinery company to court. Since then, the case has been set aside and finally was pronounced on September 6, 2015. The result of the verdict, the plaintiff Yao Jianfu was very surprised - not only did he not win the case, the court ruled that the defendant did not infringe, and he also lost the patent. Because, just before the court finally pronounced the sentence, Zhoukou, the soy product machinery Co., Ltd., applied for the patent of Yao Jianfu in the case of invalidation. Moreover, this invalid application has really passed. The plaintiff Yao Jianfu’s lawsuit has been played for more than four years, and the money has cost more than 20,000 yuan, eventually returning to such a result.
Zhang Changbo, deputy director and patent attorney of Henan Science and Technology Law Firm, told reporters that there are many such things and other difficulties in defending rights. Due to the high cost of intellectual property rights, many companies are lazy to defend their rights.

Opinion investigation is difficult to obtain evidence, and the punishment is not enough
It is understood that the compensation standard for intellectual property rights is adopted by China as a “filling principle”. In the event of an infringement, China’s legal claim is to compensate the injured party’s interest. For many infringing companies, this is only a small sum. "In foreign countries, in the event of an infringement, in addition to repaying the loss of the infringed party's interests, there are several times the fine. Many companies have paid a huge price." The head of the Legal Affairs Office of the Provincial Intellectual Property Office said.
"The current plagiarism, imitation, the cost is too low, a patented product launched not long, the similar products on the market appeared." Wang Hongtao, a lawyer from Henan Dingde Law Firm, told reporters that this phenomenon of follow-up imitation is not uncommon in China. .
"Because foreign countries have a strong punishment for infringement, many companies simply do not dare to infringe." Han Ping said, "We must also create such an innovative atmosphere to protect the enthusiasm of innovative entrepreneurs and prevent investors from falling on the road to rights protection."

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