[Case Number] (2020) Supreme People’s Court Zhi Min Zhong No. 993
[Case basics] Bosheng Company is the patentee of the utility model named "flat mop cleaning tool with new barrel structure". It believes that the mop artifact sold by Lianyue Company on "Tmall.com" constitutes the infringement on its patent right, and filed to the Ningbo Intermediate Court. The Ningbo Intermediate Court determined that the infringement was established and ordered Tmall to immediately delete and disconnect the sales link of the alleged infringing product. Subsequently, Tmall Company deleted the relevant link. Lianyue Company and others appealed to the Supreme People's Court. During the second instance procedure, the patent rights involved in the case were declared invalid by the China National Intellectual Property Administration. Lianyue Company then filed an application for behavior preservation to the Supreme People's Court, requesting that Tmall be ordered to immediately restore Lianyue's product sales link on "Tmall.com." After receiving the application, the Intellectual Property Tribunal of the Supreme People's Court made a ruling within 26 hours and adopted the form of "fixed + dynamic" guarantee money to support its application for preservation. After the conduct preservation ruling was made, the parties reached a settlement.
[Typical Significance] This case is the first time the Supreme People's Court has made a reverse behavior preservation case. The Intellectual Property Tribunal of the Supreme People's Court has adopted high-quality and efficient judgments, especially the application of dynamic security funds, which has well balanced the interests of the patentee, the accused infringer, and the e-commerce platform operator. After the ruling was made, Lianyue Company was able to carry out online operations normally at the specific sales timing of "Double Eleven Festival" to avoid irreparable damage to its interests; at the same time, the dynamic guarantee fund based on the sales of Lianyue Company was also calculated. This fully guarantees that the interests of the patentee Bosheng Company will not be infringed due to mistakes in behavior preservation.
