Recently, the Shanghai Intellectual PropertyCourt (hereinafter referred to as the Shanghai IP Court) made a first instance judgment on a dispute over the infringement of an invention patent for front fog lamp assembly. The plaintiff, in this case, is Valeo Lighting Belgium, a world-famous auto parts manufacturing company. A lamp company in Zhuhai and an automobile sales company in Shanghai were ordered to stop the infringement, with the former compensating the plaintiff for the economic loss of 5 million RMB and a reasonable expenditure of 350,000 RMB.
The Shanghai IP Court affirmed that the technical solution used by the alleged infringing product fell within the protection scope of the patent right involved, and both defendants shall bear civil liability for ceasing the infringement and compensating for losses in accordance with the law. In this case, the plaintiff claimed to calculate the damages based on the defendant's profits. Because the defendant, a lamp company in Zhuhai, sells a large number of products and there is no evidence to prove that the company is engaged in infringement, the business profit shall be taken into account when determining the amount of compensation. Since the evidence on file cannot reflect the business profit of the alleged infringing product, the infringing profit of the lamp company in Zhuhai could not be directly calculated. According to the relevant provisions of the patent law, the shanghai IP Court adopted a legal compensation method to determine the amount of compensation, in this case, comprehensively considering the situation of the involved patent, the sales quantity, and sales amount of the alleged infringing products, the gross profit margin and business profit of the defendant company, the gross profit margin of the products of companies in the same industry, the contribution rate of the patent involved in the alleged infringing products, and the period of time during which the infringement took place, etc.
In the trial of the first instance, the shanghai IP Court ruled that the defendants, a lamp company in Zhuhai and an automobile sales company in Shanghai, shall stop the infringement. The lamp company in Zhuhai was sentenced to compensate the plaintiff, Valeo LightingBelgium, 5 million RMB for the economic loss and 350,000 RMB for reasonable expenses such as lawyer fees, notarization fees, and product purchase fees.上海知产法院一审判决被告珠海某车灯公司、上海某汽车销售公司停止侵权，珠海某车灯公司赔偿原告法雷奥照明比利时公司经济损失500万元，对律师费、公证费、产品购买费等合理开支酌定支持35万元。
The new patent law, which came into effect on June 1, 2021, raised the upper limit of legal compensation for patent infringement damages from 1 million RMB to 5 million RMB. This case is the first case in which the Shanghai IP Court applied for the maximum compensation after the implementation of the new patent law, which shows that the Chinese government has further strengthened the protection of the IP rights of foreign enterprises.2021年6月1日开始实施的新专利法将专利侵权损害赔偿的法定赔偿额的上限从100万元人民币提高到了500万元人民币。本案是上海知识产权法院在新专利法实施后适用顶格法定赔偿的第一案，显示了中国政府进一步加强对外国企业知识产权的保护。