Kunming court docket brims as inventor sues to protect design

Judges in the Kunming Intermediate People's Court in Yunnan province watched their dockets overflow last year as local entrepreneur Wang Jiwei filed lawsuits that named an astounding 1,500 defendants.

Wang started a company producing glass walls and windows in 2000. In 2005, the company was granted a utility patent on a design that provides better lighting, ventilation, sound insulation, heat preservation and shock resistance in glass walls. It also reduces the amount of metal needed

But Wang later found many hotels and restaurants using his patented design on their glass shutters without permission. He started legal actions in 2006, beginning with fewer than five suits for the year. But the pace quickened to more than 100 annually after 2010.

He prevailed in most of the cases.

Cai Tao, deputy chief of the court's IP division, said a utility patent is valid for 10 years, which means Wang's patent will expire this year. And that is the reason for his large-scale legal campaign in 2014.

Wang hired several law firms to deal with the 1,500 defendants, but the court found it a challenge to handle such a huge number of cases at one time. It decided to adjudicate 200 cases a month using three panels of judges and assessors.

Wang had simple demand - asking each company to stop using his patented design and pay between 2,000 yuan ($319.8) and 60,000 yuan in compensation depending on the number of windows and the area of glass walls they used.

Some cases ended through mediation in mid-February.

Cai said most defendants eventually signed licensing agreements with Wang after paying compensation because otherwise they would have to demolish their glass walls and suffer additional losses.

He said that previous trials had limited influence on the overall business so many companies continued violating the patent.

Sun Wenjie, a lawyer at the local Ling Yun Law Firm, told Xinhua News Agency that many companies actually never realized they had violated a patent.

"Despite detailed regulations in laws about patent application and protection, many companies and individuals in all businesses are short of patent awareness," he said.

He said that sometimes it is difficult for a small company or an individual to know if a product was made using patented designs, so he suggested that the government strengthen supervision and provide guidance to improve public awareness and professionalism in businesses.

zhangzhao@chinadaily.com.cn

(China Daily 03/04/2015 page17)