MAN AG sues

German commercial vehicle manufacturer MAN AG, Europe's third largest truck maker, announced that it had filed a lawsuit for design patent infringement and damages against Chinese industrial and automotive group Zonda.

"The Zonda A9 is a copy of the Starliner, a coach developed by Neoplan Bus GmbH, a subsidiary of MAN AG," the German company said in a statement.

The Neoplan Starliner coach was launched at the International Automobile Show in Germany in September 2004, but has so far not been sold in China, said the German company.

The unique design of the Starliner is protected by international patents and is protected in China by a registered design patent, said the German company.

In its complaint, the German company requested the court order the defendant to cease manufacturing and selling the Zonda A9 and pay appropriate monetary damages and costs normally granted in such cases internationally.

This action is part of the company's efforts to protect its intellectual property rights worldwide, it said in the statement.

The lawsuit has been accepted and is now being handled by the Beijing No 1 Intermediate People's Court.

MAN said the case has received support from third-party advocates including the German Embassy in China, the German Chamber of Commerce in Beijing and Chinese company Jinhua Neoplan-Youngman.

Zonda, however, has denied MAN AG's accusation.

Zonda spokesman Ji Lijun told a Beijing press conference that the firm, based in East China's Jiangsu Province, did not copy the design of MAN's Neoplan Starliner bus.

Zonda said there are many major differences between the designs of the A9 and the Starliner.

"The A9 was developed ourselves based on experiences acquired over the past decade. We have a strong independent development capacity," Ji says.

Zonda's A9 went on sale in China in 2004. The Neoplan Starliner was launched in Germany in the same year, but has yet to be introduced to the Chinese market.

"It is Zonda's rise in both the domestic and overseas markets that raises European bus manufacturers' concerns. It (MAN) wants to use the lawsuit to attack us," Ji says.

Publishing houses sue eBay

Hong Kong-based Digital Heritage Publishing Ltd and Shanghai People's Publishing House have sued eBay for selling their products on the auction website without authorization.

They also claim the copies which eBay sold were pirated.

The two publishers are demanding 545,000 yuan (US$68,125) in compensation and a public apology.

According to the indictment, the website, www.ebay.com.cn, sold the electronic version of Complete Collection in Four Libraries (Siku Quanshu), which was jointly owned by the two publishers.

The electronic version compiled by the two publishers retail at HK$85,000 (US$10,897), but the products sold on the website were priced at only 60 yuan (US$7.5).

"It has sold at least nine copies," says Yang Guangze, the attorney of Digital Heritage Publishing Ltd.

Two employees of Digital Heritage Publishing Ltd were asked to purchase the products after the company found it available online, they appeared at the court as witnesses.

"I logged onto the website and found the products selling for about 60 yuan (US$7.5)," said Chu Jie, a 26-year-old woman from the company's training department.

"I proceeded with the transaction and found the seller from the Inner Mongolia Autonomous Region. Then I sent him the money by post and received a package several days later."

The product was examined by the company and found to be a pirate.

"The website allowed and helped the seller to sell fake products," says attorney Yang, "It has seriously violated our interests, and its actions were against the law."

This is the third time the website has been sued in Shanghai for selling products violating trademarks or copyright.

(China Daily 10/30/2006 page9)