In this case, China Quality Focus?Magazine implemented patent infringement through its product traceability platform (3.15 anti-counterfeiting traceability platform). In the mediation procedure of patent infringement disputes, the defendants, China Quality Focus?Magazine and Sichuan HAOERLANG Liquor Co., Ltd., claimed the prior art defense based on the anti-counterfeit labels and system sales contracts and contract attachments. According to the trial of the Beijing Municipal Intellectual Property Office: according to the usual rules of commercial operation, the contract attachment?is an integral part of the contract, the contractual parties will usually be affixed to the contract and attachments with seal on the perforation, and no seal on the perforation on both the anti-counterfeiting?mark and the label design stamped together with the contract, and were not even stamped with any company stamps; and the signatory on?the anti-counterfeit mark?and the label design?were unknown and not yet attend the?court.?Therefore, the final version of the anti-counterfeit label and the label design?cannot be endorsed as an attachment to the contract and thus cannot confirm the finalization of the anti-counterfeit label if there is no other evidence to prove the finalization of the relevant anti-counterfeit label and the relevance of the label design?to the contract.?And it also cannot be proved that they were?actually made public, nor the publication date. Therefore, the respondent's prior art defense is not substantiated.
In the end, Beijing Municipal Intellectual Property Office determined that China Quality Focus?Magazine and Sichuan HAOERLANG Liquor Co., Ltd.?infringement were established in Beijing (2017) No. 1016-27, 28 and 29 and ordered them to stop the infringement.
In addition, the period of this case?lasts less than four months from the petition date?to the closing, through the patent infringement dispute mediation procedures to resolve patent disputes, which greatly shortened the time of the conclusion of the infringement and help?made huge contribution?for the client to win a prominent competitive advantage over?business opponents.
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