Unitalen Won in the First Instance in Patent Case acting for Qian Jin Pharmacy Co. Ltd.
December 27, 2005Since the early 2004, Zhuzhou Qian Jin Pharmaceutical Co., Ltd. (the “Qian Jin Pharmaceutical”) received market investigation reports continuously that the design on the package of the medicines “Shi Wei Tablet for woman” manufactured and sold across China by Peony Pacific Pharmaceutical Company (the “Pacific Pharmaceutical”) is confusingly similar to the design on the package of the famous medicine “Qian Jin Tablet for woman” manufactured and sold by Qian Jin Pharmaceutical , which has been granted design patent in China. In May 2004, Qian Jin Pharmaceutical found that Zhuzhou Pharmaceutical Yi Shou Drugstore was also selling those infringing products. Therefore, Qian Jin Pharmaceutical asked Zhuzhou Intellectual Property Bureau for the mediation on the infringement of patent dispute. Zhuzhou Intellectual Property Bureau made the Decision on the Settlement for the Infringement of Patent Dispute. However, the defendant refused to undertake its obligations and so the infringement activities are still ongoing.
In order to protect their legal rights, Qian Jin Pharmaceutical entrusted Unitalen Attorneys at Law (the “Unitalen”) for representing them in suing Pacific Pharmaceutical, Yao De Tang Pharmacy and Zhuzhou Pharmacy before Changsha Intermediated People’s Court. After hearing, the court held that the patent infringement is established and ordered the three defendants shall immediately cease their infringement and pay RMB 150,000 to the plaintiff as compensation for damage. The official fee for the lawsuit amounting to RMB 8,010 shall be borne by defendants. The judgment in the first instance made by the court shall come into force from 25 November 2005.
In order to protect their legal rights, Qian Jin Pharmaceutical entrusted Unitalen Attorneys at Law (the “Unitalen”) for representing them in suing Pacific Pharmaceutical, Yao De Tang Pharmacy and Zhuzhou Pharmacy before Changsha Intermediated People’s Court. After hearing, the court held that the patent infringement is established and ordered the three defendants shall immediately cease their infringement and pay RMB 150,000 to the plaintiff as compensation for damage. The official fee for the lawsuit amounting to RMB 8,010 shall be borne by defendants. The judgment in the first instance made by the court shall come into force from 25 November 2005.
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