China creates embarrassing rights

The final judgment compensation 50 million yuan foreign patent infringement case, 9 months did not carry out the Chinese creation encounters the human rights embarrassment our reporter Tianto September 27, Wuhan Intellectual Property Bureau, Wuhan Crystal Source Environmental Engineering Co., Ltd. jointly announced: After 8 years of difficult litigation, China's environmental protection in the field of major foreign intellectual property rights cases-　　Wuhan Crystal Source Environmental Engineering Co., Ltd. (hereinafter referred to as "Wuhan Crystal Source") v. Japan Fuji Water Industry Co., Ltd. (hereinafter referred to as "Japan Fuji") and the United States Huayang Electric Co., Ltd (hereinafter referred to as "Huayang Electric Industry") patent infringement case has won 9 months, but the verdict has not been implemented. Wuhan Crystal Source in charge of emotion: "Enterprises adhere to independent innovation, the road of safeguarding the rights of why so difficult?" "Joint infringement of patent support" Wuhan Crystal Source is China's first major sulfur dioxide emission reduction professional enterprise, its natural seawater to achieve sulfur emission reduction of an invention patent in 1999 to obtain a patent authorization.　　This new technology solves the key technical problems of low cost reduction of sulfur dioxide, such as the popularization of the coastal power plant in China, which will cost 2/3 less than the traditional desulfurization method. According to Wuhan Crystal Source in charge, 1997, Huayang Electric industry found the use of Japan Fuji Magnesium desulfurization Process, high cost and the existence of environmental problems, its sole proprietorship 3.2 billion U.S. dollars of large-scale thermal power plant projects can not start construction.　　In the acquisition of Wuhan Crystal source of "seawater method" desulfurization technology, Huayang Electric industry and Japan Fuji smoothly.　　However, at the beginning of 2000, Huayang Electric industry announced after the project was completed, its desulfurization using the Japanese Fuji and Europe and the United States of the existing technology, denied the use of Chinese technology. Since this is the first large-scale (600MW) thermal Power desulfurization project in China, Huayang Electric industry's denial and misleading, at that time the international competition intense China's thermal power desulfurization market, immediately caused "China has no thermal power desulfurization core technology and must rely on foreign" social impact, directly contributed to the subsequent emergence of the whole industry foreign technology monopoly situation, The formation of "desulfurization process technology and key equipment should be imported from abroad," the industry phenomenon.　　Development to later, Wuhan Crystal Source has been required to be Japan Fuji and other foreign companies "authorization", or not participate in domestic project bidding, resulting in Wuhan Crystal source loss of a large number of domestic and international desulfurization market, the economic loss of heavy.　　8-year difficult lawsuit won the final win in consultation with the other party for more than a year, Wuhan Crystal originated in September 2001, Japan Fuji and Huayang Electric industry sued the court.　　After the difficult lawsuit, in May 2008, the Supreme People's Court of Fujian province decided that the Japanese Fuji Tort, the compensation plaintiff economic loss of 50.6124 million yuan.　　After the verdict was issued, the original defendant appealed.　　Wuhan Crystal Source appeal, because the first instance, although the defendant found that the infringement, but did not implement the joint tort liability of the two defendants, and in view of the absence of judicial assistance in China and Japan, only the Japanese Fuji compensation will become a "null sentence." In November 2008, the Supreme People's Court first constituted a large collegial panel (5 judges) to hear the case openly, and the National People's CongressTable, the CPPCC members and experts and scholars, foreign representatives in China, about 200 people attended the audit.　　December 2009, the Supreme People's Court decided that Japan Fuji, Huayang Electric industry jointly implemented the tort, the law should bear joint and several liability, ordered two foreign companies jointly compensation Wuhan Crystal Source economic loss of 50.6124 million yuan.　　This April, the case was included in the Supreme People's Court in Chinese and English 2009 "China Court intellectual Property Judicial protection status" (that is, the white Paper on intellectual property rights and judicial protection), the top ten cases of intellectual property, but also the only invention patent case.　　Calling for equal protection of "China created" Wuhan Crystal Source did not think that this in domestic and international influence so big intellectual property case, unexpectedly also encountered "enforcement difficult." This January, the crystal Source company to the Huayang Electric industry issued a letter to the final judgment of the 15th requirements of the implementation of the legal obligations, was rejected by the other party to the high People's Court in Fujian province to apply for the implementation of the book.　　The case, which was supposed to be carried out by the higher People's Court in Fujian province, was lowered to the Shunchang County court in Fujian.　　At the same time, Huayang electric industry to appeal to the Supreme People's Court and apply for a reprieve, April 13, August 6, the Supreme People's Court two times to suspend the implementation of the decision, the suspension period is 3 months. Zheng Youde, director of the Research Center for Intellectual Property and competition Law of Huazhong University of Science and Engineering, said: "The case was first examined in the higher people's Court in Fujian province, final in the Supreme Court, but the implementation of the ' even descending three ', is very rare." "According to the introduction, two" suspend "the implementation is in the Crystal Source company did not know the circumstances, the first suspension of implementation, Crystal Source company also to the Supreme People's Court of Appeal, but no reply.　　The final sentence of the case was "suspended" two times, without reference to the Civil Procedure Law "should suspend the implementation of the effective decision".　　Experts and scholars such as Professor Zhu Xiezhong, director of the Intellectual Property Strategy Research Institute of Huazhong University of Sciences, urged that domestic enterprises and foreign companies should be accorded equal treatment in intellectual property protection so as to safeguard judicial dignity and protect "China's creation". "Chinese enterprises have been bound to the low end of the international industrial chain," said Pengskan, chairman of Wuhan Crystal Source. China's current strong emphasis on independent innovation, is the hope that Chinese enterprises to break through this ' binding ', from ' China created ' to replace ' made in China '. Our rights, in fact, is to safeguard the innovation of Chinese enterprises right! If we have 8 years of protection in exchange for the verdict eventually become a ' white ', that will be a big blow to the enthusiasm of Chinese enterprises, the innovation environment in China will also bring negative impact. ”