A cessation of the patent infringement and a compensation for damages were obtained against a yarn manufacturer from Quanzhou in the Chinese province Fujian, who had purchased the machines in question. The judgment of the first instance was upheld on appeal and resulted in a decommissioning of the machines.

Intellectual property rights

As a manufacturer of innovative leading textile machinery and equipment, Oerlikon Barmag feels very strongly about the effective protection of internally generated intellectual property.

Peter Lau, Senior IP Counsel at Oerlikon Manmade Fibers, said he appreciates the fact that the Chinese authorities and Chinese courts consequently sanctioned intellectual property right violations. The jurisdiction in China will also be strengthened by specific Intellectual Property(IP) courts in the future.

“Inventive spirit needs a protected space, in which it can unfold. This is the basis of innovative products and technologies,” he explained. “China is an important market for us which we want to furthermore supply with technologically sophisticated products comprising a large share of engineering as well as research and development activities. In this respect, we welcome this development and will also in the future, not tolerate any violation of our property rights in China.”

Patent lawsuits pending in China

Oerlikon reports that the figures confirm that the more consequent strong actions of the Chinese State with regard to property rights is not just a subjective evaluation.

According to the German newspaper Handelsblatt, tens of thousands of cases per year are being negotiated in Chinese courts, with an upward trend.

Not only foreign companies act as plaintiffs but Chinese companies are increasingly insisting on the protection of their intellectual property. Judgments are usually given against the infringer of the patent as well as against the buyer of the infringing product.

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