German company wins key design patent case in China
23 January 2009
Managing Intellectual Property
In one of the biggest design patent infringement cases since China joined the WTO in 2001, German bus maker Neoplan Bus has won damages of Rmb 21.16 million ($3 million) against two Chinese companies for copying its Starliner bus design
The Beijing Number 1 Intermediate Court made the decision on January 14 after a two-year legal battle.
“The verdict shows that our faith in the Chinese legal system was warranted and that industrial property rights are taken seriously in China,” said Stefan Straub, spokesperson for Man, the parent company of Neoplan.
The court has issued a press release stating that it ruled that the alleged infringer Zhongwei Bus & Coach Group and its parent company Zonda Industrial Group failed to prove that they had independently created its A9 model bus or that they possess a prior right to use it even though the company had obtained a design patent for the bus.
The court also stated that the difference between the accused bus design and Neoplan's design is...
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