#ITMA Asia + CITME 2018

2018-10-25

Interim injunctions against design patent infringements at ITMA ASIA successfully enforced

In order to protect the lawful interest of intellectual property rights owners during the ITMA Asia 2018, the sponsors of the exhibition installed an on-site intellectual property rights office (“IPR Office”), which consisted of the sponsors, external IPR administrative authority and IPR practitioners.

The subsidiary corporation COMEZ International s.r.l. of Switzerland based Jakob Müller AG, has at the on-site IPR Office successfully applied for interim injunctions to stop design patent infringements against Chinese manufacturers DKY Machinery Co., Ltd, Huibang Machine (Yingkou) Co., Ltd and Dah Heer Industrial Co., Ltd.

On the first day of the fair, Jakob Müller found that the machines of the three companies showed clear violation of COMEZ’s intellectual property without Jakob Müller’s or COMEZ’s permission. The patentee at once filed a complaint to the IPR Office against these companies, to prohibit the exhibition of the infringing systems.

The IPR Office served the complaint materials to three companies in the morning of second day and set a time limit of 24 hours for a counterstatement to the three infringers. One of them, Dah Heer, removed the infringing system actively, and the others, DKY and Huibang, submitted a counterstatement. After the IPR Office assessed these statements and evaluated the possibility of the infringements, the IPR Office required them to remove the systems concerned in the patent on 17th October 2018. The systems concerned were removed by DKY and Huibang and not exhibited any more until the end of the fair.

Bernhard Engesser thanks the responsible patent lawyers of the intellectual property rights office and emphasizes that Jakob Müller AG will take a high priority against further patent infringements. Jakob Müller AG and its relevant companies reserve the right to take further civil actions against the respective companies.

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