Changshu Bealead Automatic Machine Co., Ltd. defended its rights against the infringement by Suzhou Biyangte Garment Equipment Co., Ltd.
As is pointed out by experts, the development, utilization and protection of intellectual property rights (IPR) has become an important component of economic globalization and the core strategy of numerous enterprises and countries. The mindset of pushing your luck and speculating is never practical for such an important issue. Only by following a down-to-earth independent development path, can we create products with our own IPR and be a winner in the market.
Currently, the case of Changshu Bealead Automatic Machine Co., Ltd. (who has its own IPR) vs. Suzhou Biyangte Garment Equipment Co., Ltd. is very representative. Suzhou Intermediate People’s Court of Jiangsu, ruled that Suzhou Biyangte Garment Equipment Co., Ltd. was found to infringe upon other’s IPR on March 19, 2014 based on the decision made by the Patent Reexamination Board of the SIPO on maintaining the effectiveness of “A Weighing Box” patent owned by Changshu Bealead Automatic Machine Co., Ltd. After over one-year struggle, Bealead won the trial of the first instance.
Established in 2011, Changshu Bealead Automatic Machine Co., Ltd. (hereinafter referred to as “Bealead”) is a comprehensive company integrating R&D, production and service and specialized in manufacturing smart garment production equipment.
In its long contact with garment manufacturers, Bealead found numerous problems encountered by down-jacket manufacturers in manual down-filling. In 2012, after round-the-clock technical efforts made by its staff, Bealead successfully developed the 1st auto down-filling machine in China, which was a revolutionary breakthrough in comparison with traditional down production methods. It used no-contact weighing method and replaced manual down-filling process with auto one. The machine had such features as high efficiency and labor saving, accurate quantification, health and environment protection, and was the first one among its counterparts. This down-filling machine was applicable to various large, medium and small-sized garment manufacturers, and it was applauded unanimously by customers after its debut and had been sold to overseas market。
By 2013, Bealead team had developed many machine types, which formed a down-filling machine series and became the top brand of auto down-filling industry. While enjoying significant success, Bealead never forgets to protect its technical fruits at any time. In the process of developing and researching down-filling machine series, it has applied for 50 plus patents, including 10 invention patents and over 30 of utility model patents (to date, 27 have been granted); it has got software copyright protection for its core control system.
Since its debut, auto down-filling machine has encountered some “disharmony” due to huge market demand. At the end of 2012, when Bealead salesmen were visiting potential customers, they found that the down-filling machine used by that potential customer was very much similar to that of Bealead (exactly the same in appearance, internal structure and size). According to investigation, it was not manufactured by Bealead, but manufactured and sold by Suzhou Biyangte Garment Equipment Co., Ltd. (hereinafter referred to as “Biyangte”). Salesmen immediately fed back this to Bealead, and this was attached great importance to by top company leaders. After various investigations and comparisons, it turned out that although Biyangte plagiarized the appearance and structure of Bealead product, Biyangte never grasped the core technology of Bealead, and there were problems with down quantity control accuracy, down-filling speed and so on. Nevertheless, the sale of Biyangte products in name of the good ones of Bealead would not only damage the reputation of Bealead but also the product quality of down product manufacturers.
Given the correlation between the equipment and independent intellectual property rights of Bealead, we confirmed that the automatic filling machine produced and sold by Biyangte infringed upon our relevant patent rights through obtaining evidence from notarization in order to safeguard our rights. Bealead, at the end of December 2012, sent a letter to Biyangte and informed them to stop the infringing act immediately. After notifying them in vain, Bealead took up legal weapons to safeguard our rights resolutely.
At the beginning of May 2013, Bealead sued Biyangte for relevant patent infringement on strength of 6 utility model patents including “A Down-out Device” (ZL201220438039.8), “A Down-passing Impeller” (ZL201220438036.4), “A Chuck Connection of Weighing Box” (ZL201220438040.0), “A Down Storage Device” (ZL201220438037.9), “A Weighing Box” (ZL201220438056.1) and “A Down Filling Tube” (ZL201220437983.1), and ordered them to stop the infringing act immediately and make corresponding economic compensation. Suzhou Intermediate People’s Court registered and investigated the case. After appearing in the court to respond to the lawsuit for many times, Biyangte decided to apply to the court for judicial proceedings suspension and made an invalidation request to the Patent Reexamination Board of China’s State Intellectual Property Office for above patents of Bealead. Bealead calmly dealt with the invalidation procedure during the process. After a series of patent replies and oral proceedings, the State Patent Reexamination Board made a decision to maintain that the paten right of “A Weighing Box” is valid and issued the office action on January 30, 2014. According to the office action, Suzhou Intermediate People’s Court heard the case in open session on March 11, 2014, legally judged that patent rights of Bealead had been indeed infringed upon by Biyangte, and ordered them to stop the infringing act immediately and make corresponding economic compensation. So far, Bealead has obtained phased victory which indicates that the intellectual property right protection of Bealead has started from now on.
Bealead is the first enterprise having obtained the License for Manufacturing Measuring Instruments in the down filling machine industry. With the enterprise development principle of honest operation and in a highly responsible manner for customers, Bealead friendly reminds all the customers that they should select the qualified down filling machine with the License for Manufacturing Measuring Instruments. If not, they may bear the risk of confiscation. Bealead has always been advocating creating a good development environment with fair competition. Innovation promotes development and Bealead believes that we can make the best down filling machine in the world. To promote the technical advancement of enterprise and sustainable development, Bealead must see the rights safeguarding through to the end.