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Zhong Lun Assists a Taiwanese Enterprise in Winning the Second Trial Adjudication of a Technology Secret and Patent Ownership Dispute before the Supreme People’s Court
Zhong Lun Assists a Taiwanese Enterprise in Winning the Second Trial Adjudication of a Technology Secret and Patent Ownership Dispute before the Supreme People’s Court
Recently, in the second instance of infringement of technology secrets and patent ownership disputes before the Supreme People’s Court, Zhong Lun represented a Taiwanese company to obtain a favorable judgment, effectively having the first instance judgment overturned.
The Taiwanese enterprise involved in the case and its founders have been investing and operating in the Chinese mainland since 2002. The enterprise focuses on the design, manufacture, and global trade of sporting goods. Its product, “Adjustable Roller Skates”, has a unique innovative design, which achieves simultaneous adjustment of the length and width of roller skates through a coordinated adjustment mechanism, overcoming the technical defects of similar products and having broad market prospects. However, the enterprise found that its product design has been patented by others in the Chinese mainland. Subsequently, the enterprise filed a lawsuit in the intellectual property court of an intermediate court, only to have all its claims dismissed by the court.
Facing the unfavorable judgment of the first instance, the enterprise engaged Zhong Lun Law Firm to represent it in the second instance. After meticulously reviewing the facts of the case, Zhong Lun adjusted the litigation strategy and supplemented evidence through sorting and analyzing the documents and judgment from the first instance. After multiple court hearings and debates, the Intellectual Property Court of the Supreme People’s Court recently made a final judgment that resulted in the revocation of the first instance judgment, an amendment to return patent rights to the client, and an order of each defendant to jointly compensate for the client’s economic losses and reasonable expenses incurred in the protection of its rights.
The revised verdict of this case helps effectively safeguard the intellectual property rights of innovative entities, which is conducive to bolstering the confidence of Taiwanese businessmen in investing in the mainland of China. The court’s decision reflects people’s courts’ commitment to protecting the rights of all market entities equally and fairly. Zhong Lun’s partner Dongxiao Ma and associate Yao Fang provided litigation services for the second instance of this case
