In addition to Weibo, there is also WeChat
Please pay attention
WeChat public account
AutoBeta
2024-09-08 Update From: AutoBeta autobeta NAV: AutoBeta > News >
Share
AutoBeta(AutoBeta.net)01/09 Report--
On December 16, 2019, the Supreme people's Court of the people's Republic of China rejected the second trial application of Jiangling Holdings Co., Ltd., upheld the second instance judgment of the Beijing Supreme people's Court, and ruled that Lu Feng X7 copied the range Rover Aurora design, according to the China referee Writing website.
Range Rover Aurora made its debut at the 2010 Guangzhou Motor Show, while Jiangling Holdings' Lufeng X7 made its debut at the 2014 Guangzhou Motor Show. The biggest highlight of the Land Wind X7 is its appearance and style. because the Land Wind X7 is highly similar to the Land Rover Aurora and the price is much cheaper than the Land Rover Aurora, the Land Wind X7 has become a popular Jiangling model with monthly sales of more than 20,000 vehicles.
It is understood that Land Rover applied for a patent for the aurora design in 2011 and was licensed in August 2012. Jiangling Holdings Limited applied for an appearance patent for the Lufeng E32 model in April 2014, the internal code name before the launch of the Lufeng X7, which went on sale in August 2015.
By comparison, Land Rover suspects that Land Wind X7 copied range Rover Aurora. On July 25, 2014, Land Rover accused Jiangling Holdings of plagiarizing the aurora design of Land Rover and filed an invalidation request to the Patent Reexamination Board of the State intellectual property Office (Patent Reexamination Board for short). On June 3, 2016, the Patent Reexamination Board decided that there was no obvious difference in the overall visual effect between the Lufeng X7 appearance patent and the range Rover Aurora design, and declared all the Lufeng X7 appearance patent invalid.
Jiangling Holdings appealed to the Beijing intellectual property Court on March 26, 2018, dissatisfied with the decision of the Patent Reexamination Board for invalidation. The Beijing intellectual property Court held that more than a combination of details of Lufeng X7, owned by Jiangling Holdings, was enough to have a significant impact on the overall appearance of the car, and asked the Patent Reexamination Board to revoke the invalidation.
Land Rover is not satisfied with the first instance judgment and applies for second instance. On November 18, 2018, the second instance of the Beijing intellectual property Court held that the original judgment was wrong and that the difference between the above patents and range Rover Aurora Design did not reach the degree of "obvious difference", so the judgment of first instance was revoked. Lufeng X7 was found to have no obvious difference in appearance, and Lufeng X7 appearance patent was declared invalid.
Jiangling Holdings refused to accept the judgment of the second instance and applied for a retrial. On December 16, 2019, the Supreme people's Court rejected Jiangling Holdings' application for retrial on the grounds of insufficient basis and factual errors. The court held that there was no obvious difference between the Lufeng X7 design and the range Rover Aurora; in addition, the "suspended roof design" of the range Rover Aurora constitutes its unique design feature.
At this point, Lufeng X7 design patent invalidation request administrative dispute case settled, Land Rover request to declare Lufeng X7 design patent invalid after five years, and finally succeeded.
In fact, in March 2019, the Chaoyang District Court in Beijing ruled that five models of Lufeng X7 were directly copied from range Rover Aurora. According to the court ruling, Jiangling Holdings immediately stopped the "unfair competition behavior" involved in the case, immediately stopped production and sale of two specific Lufeng X7 models, issued a statement on the official website and media, and paid 1.5 million yuan in compensation to Jaguar Land Rover. Today, however, the Lufeng X7 model of Jiangling Holdings has not stopped selling.
Welcome to subscribe to the WeChat public account "Automotive Industry Focus" to get the first-hand insider information on the automotive industry and talk about things in the automotive circle. Welcome to break the news! WeChat ID autoWechat
Views: 0
*The comments in the above article only represent the author's personal views and do not represent the views and positions of this website. If you have more insights, please feel free to contribute and share.
© 2024 AutoBeta.Net Tiger Media Company. All rights reserved.