Shanghai Intellectual Property Court Received the Materials of the First Administrative Case on Intellectual Property

A few days ago, Shanghai Intellectual Property Court received the materials of an administrative case on intellectual property refusing to accept the decision made by Shanghai Intellectual Property Administration, the first administrative case on intellectual property since its establishment. The patentee Mr. Wang held that the bread and other food produced and sold by Shanghai Christine Foodstuff Co., Ltd. infringe two patents for invention in the field of food processing and manufacturing method and requested Shanghai Intellectual Property Administration to make decision on the infringement of Shanghai Christine Foodstuff Co., Ltd. On January 27, 2015, Shanghai Intellectual Property Administration issued the settlement notice (H. Z. J. C. Z. [2014] No. 64007) holding that the processing and manufacturing methods of the Shanghai Christine Foodstuff Co., Ltd. are not in the patent scope of Mr.  Wang, and rejected his request. Mr. Wang refused to accept the settlement notice, so he instituted an administrative lawsuit to Shanghai Intellectual Property Court and requested to withdraw the settlement notice made by Shanghai Intellectual Property Administration. Upon receiving the materials, the case-filing tribunal got contact with Mr. Wang and required him to further make his request clear. The case-filing tribunal will conduct further study and make settlement decision by law on whether the case meet the condition for filing case.

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