Dyson victory sets an example in China

Dyson victory sets an example in China

A court in Zhejiang province has upheld a decision against a Chinese company infringing Dyson’s design patent for a bladeless fan, in a special open session ahead of this week’s World IP day

According to the Hangzhou Daily, Yongkang Huitian had been selling its own copycat version for Rmb400 ($65), much less than the Dyson original’s Rmb5,900 ($935) price. A witness from Yongkang Huitian admitted that they got the idea from Dyson’s product, but argued that his product had unique details such as different buttons.

Tom Carver, a director at Wragge & Co’s office in Guangzhou, represented Dyson. Carver noted that the hearing was unique because it took place on April 12 during Zhejiang province’s IP week.

The government allowed press and foreigners into the audience, including a representative from the US consulate. Further deviating from standard practice, the court handed down its ruling immediately after the hearing, awarding Dyson Rmb80,000 ($12,700).

Carver was satisfied that not only was it a good result, but it also received a lot of press from the media stressing the importance of IP protection.

Sina News, one of the country’s largest online new sites, ran the story with the title: “It could be a ‘crime’ to make a round bladeless fan” (无叶风扇做成圆的,也是一种“罪”)  Zhejiang Online reported the victory as a case study for protecting IP rights (如何保护知识产权).

The Zhejiang Court’s news service also reported Dyson’s victory, using it to highlight a 30% increase in its IP litigation workload during 2011.

Carver believed that by hearing the case during Zhejiang’s IP week and announcing the holding immediately in an open session, the government wanted to show China’s seriousness in protecting IP. Even company founder James Dyson, who has lamented the state of IP rights in China, called the case a “bold public statement against infringement” in a recent Financial Times op-ed.

Dyson has been vocal about its IP challenges in China. During a panel at Managing IP’s International Patent Forum in London last year, Gil Smith, Dyson’s director of IP, talked about her frustration with China’s administrative and civil enforcement procedures.

She pointed out that while administrative raids can be fast and efficient, there are often delays and it is difficult to know when they will be carried out.

Smith also said that lawsuits can be efficient once they get going, but require a lot of preparation.

“The biggest thing I've learned about civil actions is that everything depends on the documentation”, she said. “The judges will look at it, decide what is acceptable as evidence and make their decision solely on that”.

Carver agreed, saying that that diligence in preparing documentation is one of the most important things in protecting IP in China.

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