In the case of patent infringement between Gree and Oakes, Guangzhou intellectual property court finally gave a proper judgment: Oakes infringed three patents under Gree's name, and ordered Oakes to compensate Gree more than 40 million yuan in total.
There are two main principles in judging patent infringement：
① The patent elements are fully covered, and the accused infringing product contains all the technical features recorded in the patent claim;
② According to the principle of equivalence, although the accused infringing product does not have all the features of the patent claim, the patent features that the accused infringing product does not have can be found on the accused infringing product.
Solutions to patent infringement: negotiation and reconciliation, administrative adjudication and prosecution to the court
The development point of patent lies in the infinite possibility of its creation. The development of high-tech enterprises cannot do without patent. Only by building a fusion system of intellectual property and technology research and development, and using patent as a legal "monopoly" means to attack and defend, can enterprises develop in the long run.
On the reverse confusion of trademark
Reverse confusion of trademark: that is to say, the trademark used later has a higher popularity than the trademark registered or used earlier, so that consumers mistakenly think that the trademark used later is owned by the earlier obligee, or mistakenly think that there is a specific legal relationship between them.
The elements of reverse confusion are: ①originality of trademark; ② Degree of approximation; ③ The similarity of products; ④ Whether the prior right holder and the subsequent trademark user are the same trade operators; ⑤ Whether there is a business relationship; ⑥ Whether it has actually caused confusion, etc.
Classic case:
In 2005, Pepsi Cola planned the theme activity of "Blue Storm". It not only used "Blue Storm" in the packaging and bottle caps of its beverage products, but also used "Blue Storm" in advertising. In a short period of time, it was well known to the majority of consumers and associated "blue storm" with Pepsi Cola. But in fact, Zhejiang Lanye Liquor Co., Ltd. has obtained the registration of "Blue Storm" character, Pinyin and graphic combination trademark as early as December 2003, with 32 categories. The approved products are malt beer, water (beverage), coke, etc., and the trademark is also used in actual business activities.
On May 24, 2007, Zhejiang high court made the final judgment of the second instance: Shanghai Pepsi Cola Beverage Co., Ltd. immediately stopped the production, sales, advertising and publicity of products with the "Blue Storm" trademark, and issued a statement in the media to eliminate the impact and compensate Zhejiang Lanye Liquor Co., Ltd. for the economic loss of 3 million yuan; Hangzhou Lianhua Huashang Group Co., Ltd. stopped selling the infringing products of "Blue Storm" trademark.
In this case, "Blue Storm" was used and publicized by Pepsi Cola company, and formed a directional relationship, resulting in the result that the public thought that "Blue Storm" was all the logo of Pepsi Cola company, which restrained the commercial interests and brand development of Zhejiang Lanye liquor industry, and infringed the trademark rights of Lanye liquor industry.
As an important intangible asset of an enterprise, intellectual property is an important competitive core. Lanye liquor, as a small and medium-sized enterprise, when facing the trademark infringement of Pepsi Cola, a giant multinational enterprise, sued it in court and won the lawsuit, which is one of the typical cases of "ants shake the tree".