battenfeld-cincinnati Wins against Product Piracy
After seven years of litigation, battenfeld-cincinnati (Foshan) Extrusion Systems Ltd., the leading supplier in extrusion machinery industry in China, finally won its intellectual property rights case against Chinese Donghua Machinery Ltd.in 2010.
In 2003, battenfeld-cincinnati (Foshan), originally Battenfeld Chen Extrusion Systems, filed a suit before a Chinese court against one of its competitors, Dongguan-based Donghua Machinery Ltd., for product piracy concerning the company’s complete PO 450 pipe extrusion line. The court in Dongguan decided in its 2007 ruling in favor of battenfeld-cincinnati. Donghua Machinery was ordered to destroy immediately all illegally obtained copies of drawings and other technical information as well as all PO 450 pipe extrusion equipment manufactured on the basis of these documents, whether still in production or already on the market. Production, sale and marketing of these products by Donghua was prohibited, and a fine of RMB 500,000 was imposed.
However, Donghua Machinery did not accept the ruling and appealed to Guangdong Higher People’s Court which judged the allegation of Donghua having illegally obtained the technical information for the PO 450 pipe extrusion line plausible and, after a re-hearing of the case spanning two years passed its verdict in 2010. The Court ruled that Donghua Machinery had infringed the intellectual property rights of battenfeld-cincinnati, turned down Donghua’s appeal and confirmed the 2007 ruling by Dongguan Court.
battenfeld-cincinnati Germany GmbH
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