Jialing Prevails in Motorcycle Design Dispute
2007/02/12 ChinaThe invalidation dispute over the design patent of motorcycle (279), a suit attracting widespread industry attention has come to the very end. The Beijing High People's Court (BHPC) made its final-instance decision, by denying the claims of the appellant Honda Motor Co., Ltd. and affirming the validity of the motorcycle design patent of China Jialing Group.
The design of the Jialing motorcycle (279) was granted patent on January 22, 2003. On February 25, 2004, Honda requested the Patent Reexamination Board of SIPO (PRB) to declare the patent invalid on the ground that the patent is identical with or similar to two Honda patents. On February 10, 2006, PRB affirmed the validity of the 279 patents.
Honda then instituted legal proceedings at the Beijing First Intermediate People's Court (BFIPC). BFIPC held that differences exist in the parts of the motorcycles in dispute, including differences in handle bar covers and fenders and affirmed the decision of PRB. Honda then appealed to BHPC which would affirm the trial court decision.
2007-02-12
