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Shanghai IP court opens with HP cartridge case

March 30, 2015

The newly-opened IP court’s first case is a cartridge patent case brought by HP.

Shanghai's IPR Court (Credit: Shanghai Daily)

Shanghai’s IPR Court (Credit: Shanghai Daily)

ECNS reported on the first case at the Shanghai Intellectual Property Rights Court, which opened in January. The case, brought by HP’s Chinese subsidiary HP Development Company LP, concerned allegations that a “local firm illegally produced and sold a HP patented ink cartridge”, with the local firm named as Shanghai Yinjia International Trade Company.

The OEM demanded in the initial filings that Shanghai Yinjia “cease the infringement” and pay one million yuan ($161,136/€148,310) in compensation for the infringement. Shanghai Yinjia argued against the allegations, and stated that the technology used in the cartridge is “different” from the OEM original – in this case, the 818XL black inkjet cartridge.

The case is ongoing, and as of Friday 27 March, the court had not made a decision. According to Yibada the new court is located in Pudong New Area, and is one of three new IP courts “recently established” in China after a decision last August by the Supreme Peoples’ Court to tackle IP infringement.

Figures taken in the last year apparently show there has been a 25 percent increase in IP cases in Shanghai, with 6,656 recorded in 2013 – an increase of 12 percent over 2012 figures. In turn, police in Shanghai were said to have dealt with 2,589 cases in 2013 relating to counterfeiting and IP infringement, a 77 percent increase on 2012.

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