Shuanghuan SRV／Honda CRV appearance dispute counterfeit products car 8 years exposed more than 40 models
The dispute over the appearance of Shuanghuan S and CRV ranks among the "top ten" and "counterfeit products" in the intellectual property case. The reporter investigated –
The Supreme Court recently announced the top ten cases of judicial protection of intellectual property rights in Chinese courts in 2010, and the appearance dispute between Shuanghuan SRV and Honda CRV became one of the "top ten".
For the first time, the Supreme Court has suggested that the determination of whether a car is a "counterfeit product" should be based on the knowledge and cognitive ability of the average consumer. Legal experts believe that the case has a strong legal precedent effect and is a blow to the behavior of "counterfeit products".
Eight years of litigation
The Supreme Court quashed the original judgment
In September 2003, Honda Co., Ltd. believed that the Noble SRV produced by Shijiazhuang Shuanghuan Company infringed Honda CRV’s automobile design patent and sued for 100 million yuan.
After that, Shuanghuan Company applied to the Patent Reexamination Board of the State Intellectual Property Office to declare Honda’s patent invalid. Honda refused to accept the application and sued the Patent Reexamination Board. Although Honda lost both trials, it still refused and applied to the Supreme Court for retrial.
After eight years in the case, the Supreme Court finally reversed the decision of the Patent Reexamination Board and the original judgment. The Supreme Court held that whether infringement should be based on the knowledge level and cognitive ability of ordinary consumers, and the overall observation should be used to comprehensively judge the visual effect of the two. The same should be true for judging the exterior design of a car, weighing the impact of various parts on the overall visual effect of the exterior design of the car.
The legal profession believes that this case has a strong legal precedent effect. There have always been different views in practice on the judgment method of "identical or similar design" under the patent law. Because of this, for more than a decade, the lawsuits of "counterfeit products" caused by local autonomous car companies have mostly ended in victory for autonomous car companies.
The Supreme Court’s decision is a denial of "counterfeit products" and marks a "turnaround" in the court system.
reporter investigation
In recent years, more than 40 counterfeit products have been exposed
The 2011 Shanghai Auto Show ended recently, during which a total of 11 locally owned brand cars were accused of being "counterfeit products".
Among them, a new car from Brilliance not only looks like a new 5-series model, but also has the name 530.
The production city "Paulig" is the same as that "exaggerated mouth" in terms of appearance.
The SUV model "IF" on display, with body lines and a slipback roof, is very close.
The design of Qisheng V3 is obviously similar to that of the old RX, with almost the same headlights, fog lamps, and overall bumper style.
The first SUV model, the S6, is said to have followed suit in its styling, particularly in its side profile.
According to statistical reporters, the number of "counterfeit products cars" at auto shows has increased in recent years. In 2004 and 2005, there were only 6 "counterfeit products cars" exposed by the media, while since 2010, 19 "counterfeit products cars" have been exposed at auto shows, and more than 40 models have been exposed since 2004.
Half of the "counterfeit products" cars are priced below 100,000 yuan, while 60% of the objects of "counterfeit products" are foreign luxury cars above 300,000 yuan.
Eight Years Auto Show
"King of counterfeit products" is BYD
After statistical reporters found that during the 8-year auto show, BYD was the most frequently accused of "counterfeit products" for new cars, followed by Great Wall.
Among them, BYD has a total of 7 "counterfeit products", the price of less than 100,000 yuan, F3, F6, is accused of "counterfeit products" in the price of 150,000 yuan to 300,000 yuan Aygo, Toyota and Toyota.
The S8, T6 and M6, priced between 100,000 yuan and 300,000 yuan, were respectively accused of "counterfeit products" of four foreign luxury cars priced at more than 500,000 yuan, including Lexus RX, Toyota and Porsche Cayenne.
"We are ready to go to court and 100 per cent will not let our opponents win," Lian Yubo, BYD’s vice-president, told the media at the time of the Toyota Camry launch.
According to BYD’s internal staff, in order to circumvent the law, BYD has to dismantle a large number of the world’s most advanced cars every year for analysis, research and testing. Do it without patents, and modify it if there are patents.
BYD also has an intellectual property and legal department with nearly 200 employees, which is specifically responsible for supervising BYD’s various product divisions and informing them at any time which technologies must be circumvented.
BYD: We have a lot of patents
In this regard, the reporter interviewed BYD Automotive Sales Co., Ltd. The relevant person in charge of the company did not directly answer "whether BYD counterfeited products to others", but stressed that "in the development of the enterprise, we will also learn and absorb the technology and management experience of excellent enterprises at home and abroad, but always adhere to the road of independent research and development."
While many in the industry view BYD’s practice of "adapting and using other people’s patents" as "counterfeit products," BYD believes that many of them are already the company’s patents.
The person in charge said that BYD established an intellectual property and legal department precisely to be responsible for the development and application of patents for the company’s latest research and development achievements and to protect BYD’s technological achievements.
At present, the company has more than 2,000 patents in the automotive field, and another 3,000 patents are in the process of being filed.
He said that if employees in the intellectual property department find that other companies have infringed, they will file a lawsuit to defend the company’s patent rights.
Industry analysis
"Counterfeit products" reduce costs and risks
Why are local self-owned car companies keen on "counterfeit products"? Zhong Shi, an auto industry analyst and editor-in-chief of China Auto News, believes that "counterfeit products" can reduce costs on the one hand and risks on the other hand. Auto shows are an important stage for cars to be displayed to consumers, so it is not surprising that "counterfeit products" are gathered at auto shows.
He said that a mature car takes about three to four years from design to production in China. But those so-called "clone cars" and "counterfeit products" only take one to two years from design to production. In addition to saving two years, it also saves at least tens of millions of yuan in research and development expenses.
Zhong Shi said that mature models have to go through wind tests, road resistance tests, etc., to determine the best car shape and finally be recognized by the market. The counterfeit products save a lot of testing process, and the cost is greatly reduced. In addition, the "counterfeit products" car adopts the "import" approach, which largely avoids the risk of the model being put on the market.
Zhong Shi told reporters that because "cloning" foreign mature cars has tasted the sweetness, some "counterfeit products" car companies have stopped working on research and development, so the corporate image is getting worse and worse, and the reputation is declining.
The owner’s vanity is fully satisfied
Zhong Shi analyzed that people who buy low-end cars are highly sensitive to price. "Counterfeit products" just satisfy the vanity mentality of some of them "spend the least money and drive a better-looking car."
Reporters found that among "counterfeit products owners", the behavior of changing the logo is very common. In the eyes of some people, it is cost-effective to buy a car for less than 100,000 yuan and then change the logo of a luxury car, which saves money and earns face. Among them, there are those who insert the Mercedes-Benz SMART logo on the double-ring car, and those who replace the "battlements" of the Great Wall with the "bull head" of the Toyota SUV.
Reporters also saw in the auto parts market that Mercedes-Benz, BMW and other luxury car logos are available in some stalls. Imitation car logos are very cheap, such as a full set of Toyota car logos (front and rear logos, four-wheel side logos and steering wheel logos) only cost more than 100 yuan, if you buy a single car logo, only 20 yuan.
The auto mechanic told reporters that changing the car logo is very simple. Take off the original car logo with a sol solution, and then glue the new car logo with 3M glue. When inspecting the car, just change it back to the original.
According to previous media reports, the IKEA Lifan 4S store near Lize Bridge, the salesperson even publicly declared that it is a highly potential model. There is a business in the store called "personalized modification". Auto mechanics add "small wings" to the front and rear logos of Lifan 320, and the owner can use it as Cooper.
Lawyer’s statement
The legal protection of intellectual property rights has been strengthened
In recent years, there have been patent lawsuits between local independent car companies and joint ventures and foreign car companies. QQ and GM SPARK, Great Wall and Toyota, Shuanghuan Noble SRV and Honda CRV, to name a few.
The above-mentioned automobile patent lawsuits have been protracted, but the companies that have been "counterfeit products" have not "taken advantage" of the lawsuits.
But now, the wind seems to have changed. The Supreme Court’s Interpretation on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes came into effect on January 1, 2010. This judicial interpretation makes it clear that courts should judge whether designs are the same or similar based on the perception of ordinary consumers.
The head of the Supreme Court’s intellectual property division explained that the judicial interpretation aims to "properly handle patent infringement disputes based on China’s national conditions, and encourage independent innovation and technological progress."
Liu Lin, a lawyer at Beijing Shuangli Law Firm, analyzed that with the strengthening of intellectual property protection in our country, the litigation risk of continuing to produce "counterfeit products" is increasing, and local independent car companies may consider this and speed up the pace of independent innovation.
● News link
It is difficult to sell "counterfeit products" in Beijing once the purchase restriction order is issued
Zhong Shi, an auto industry analyst, told reporters that after the introduction of the purchase restriction order, car sales in the Beijing auto market have dropped significantly. People’s current car buying psychology is that "I originally wanted to buy a low-end car, but the car is so difficult to buy, it is better to buy a slightly higher-end car."
Since "counterfeit products" are mainly concentrated in the price range below 100,000 yuan, and buyers are mainly "cheap", Zhong Shi believes that the current purchase restriction order will have a psychological impact on a large number of them.
"Some owners gave up’counterfeit products’ and switched to higher-end cars between 100,000 yuan and 200,000 yuan." This statement was also confirmed by the reporter from the dealership of "counterfeit products king" BYD.
BYD F3, F6 dealers, Guangqu Road Rui Fengsheng 4S store manager Lin said that the store’s dealership of vehicles are less than 100,000 yuan, since the introduction of the purchase restriction order, sales have plummeted, the purchase order after three months of total sales does not equal the purchase order before 10 days of sales, the worst month only sold 10 cars.
4S store sales staff
After the introduction of the purchase restriction order, due to the significant decrease in business, most of the sales staff of 4S stores have left.
According to automotive industry sources, after the purchase restriction order, only 20% of the vehicles sold in 4S shops were sold to buyers who bought cars, and the other 80% were sold through replacement or sales to other places.
As a low-end car under 100,000 yuan, it does not have the advantage of replacement and sales to other places.
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Column host: Fu Zhong
Noble appearance, civilian price
Counterfeit products "luxury" car
In the army of counterfeit products, most of them take the "high-end" route. The reporter’s investigation found that more than 60% of counterfeit products are directly aimed at international big brands with a price of more than 300,000 yuan.
Since 2004, more than 40 counterfeit products have been exposed at the three major auto shows in Beijing, Shanghai and Guangzhou, all of which are local independent brands. The objects of "counterfeit products" are all foreign brands or joint venture brands.
Compared with the "counterfeit products" objects of 300,000 to 400,000, the price of domestic counterfeit products cars is concentrated below 150,000.
Text/Reporter Fu Zhong Yan Xinhong Intern Wang Xiaofei