Mr. Jun ZHAO Appeared in Wenzhou Municipal Intermediate People's Court-and queried again the Testimony Submitted by the Lawexecutive Organs
Mr. Jun ZHAO appeared in court on May 30, 2007, acting as the representative of the patent infringement case heard by Wenzhou Municipal Intermediate People's Court, entrusted by Mr. Shisheng Chen, President of Zhejiang Senken Group and patent right owner. The defendant is Zhejiang Liyi Safety Defense Ltd. The cause of action was that the defendant had infringed the right of the patent, long-line warning lamp, No. 200330126395.2.
The Defendant defended with previous art, and the evidence involved the 2003 version Guideline for the Purchase of China Police Equipment and the certificates of Xuzhou Municipal Public Security Bureau and Xiaoxian County Public Security Bureau, Anhui Province.
Mr. Jun ZHAO addressed in Court that the Defendant should firstly prove the legality of Guideline for the Purchase of China Police Equipment published as an annual. According to the state criterion China Standard Publication No. issued in January 1989, all the publication registered in
with no signature or seal of the evidence provider, it's apparently put forward by the said Public Security Bureaus under some influence, otherwise it shall not make such elementary mistake as disqualifying the necessary formation of evidence. Since the said evidence didn't accord with Article 77 of Several Provisions on the Evidence in Civil Procedure by the Supreme People's Court of the People'sRepublic of China, it should not be taken as evidence by the People's Court. At the same time, Mr. ZHAO applied for postponement of the hearing, for the patent right owner shall ask the related Security Bureaus for proving. The presiding judge will make the judgment after the discussion of the collegiate panel.
Mr. Jun ZHAO pointed out, after rebutting the defendant's defense, that it's really a pity that the right infringer were protected by some judicial organs and law-executive organs during the period that the right owner fought to maintain his patent right. Some suspects of right infringement applied for invalidation of the said patent with the State Intellectual Property Office and submitted related certificats provided by the Judicial Department of Zhejiang Province and the Reeducation through Labor Bureau of Zhejiang Province, which testified respectively that they had installed the same type of warning equipment for car as the said patent before the filing date thereof. Mr. Jun ZHAO, after investigation and collection of the evidence, proved that the judicial organs had offered unreal testimony. The Committee of the State Intellectual Property Office accepted our advice and made a decision to maintain the patent right.
"There're so many police wagons on the street every day, carrying the warning lamp which infringed the said patent right, to fight against fabricates and to execute the law." said the right owner to Mr. Jun ZHAO.
