Shenxi Machinery Co., Ltd., which won the first case of international intellectual property rights in Chinese high access machinery industry, won again at this time!

  The German Tractel Greifzug Co., Ltd. (Tractel) sued China Shenxi Machinery Co., Ltd. (SHENXI) for the improper imitation of the design of the hoist. In addition, it thought that the European Union Intellectual Property Office gave unprincipled protection to the China SHENXI and therefore it sued the European Union Intellectual Property Office as second defendant. Yesterday the reporter was informed that the German Third Court has recently ruled on the matter. After the trial, it does not constitute a patent infringement and SHENXI owns the intellectual property of the design. The litigation was eventually rejected. The court also ruled that the another lawsuit filed by Tractel for the inappropriate proof which was provided by the European Union Intellectual Property Office was also revoked. The proof was valid and the European Union Intellectual Property Office was fair. In this multinational lawsuit which lasted more than two years, SHENXI achieved a remarkable success. It means that company has not only from passive response to active attack, but also as a Chinese company to vindicate the rights of the EU Intellectual Property Office.

  Shenxi Machinery Co., Ltd. is one of the leading enterprises in the China’s high access machinery and suspended platform Industry. About 50% of its products are exported to more than 70 countries and regions. In the process of exporting, SHENXI has been sued by four foreign companies of United States and Germany in 2008, 2013 and 2015. It was by compelled involved in trouble of international intellectual property lawsuits. During this period, SHENXI dared to take actions. It has actively organized a lawyers’ group to confront the trouble. For this reason, after the trials of the US, Spanish and German courts, the lawsuits filed by these foreign companies were rejected. They lost their lawsuits, or withdrew the suits. Therefore, during 8 years Shenxi Machinery Co., Ltd. has won all three lawsuits of multinational intellectual property.

  In early 2015, the German Tractel Greifzug Co., Ltd. filed a lawsuit against China Shenxi Machinery Co., Ltd. in the local court of Bergisch Gladbach, Germany. Tractel claimed that the core component - hoist model of SHENXI which were sold in the EU countries imitated the design of their company’s products. It is therefore an infringement. The Tractel required SHENXI to immediately recall its products in the local market and claimed for compensation. Although the lawsuit was soon rejected by the court, the Tractel was still reluctant and angry. In November of that year, SHENXI was again sued by Tractel to the German third court which specializes in intellectual property cases. The European Intellectual Property Office was also sued as a "second defendant", and Tractel requested the EU Intellectual Property Office to pay for the two lawsuits.

  Under this circumstance, SHENXI has contacted with the EU Intellectual Property Office immediately. They appointed relevant teams to respond to the suits actively. The staff of EU Intellectual Property Office went to SHENXI for investigation and evidence collection. Instead of protecting Chinese enterprises, it was determined that SHENXI’s products are the third generation products and they are independently researched and developed by their own technical team. They have registered trademarks in the bureau. Therefore, the unreasonable request made by the Tractel was ignored. In the name of intellectual property litigation maliciously the plaintiff prevented products of SHENXI machinery from entering the EU market. To deal with it, SHENXI, who has many experiences before, once again organized a team of lawyers to fight. At this time, China suspended platform company adopted a different way to response. SHENXI utilized the "contradictions" between the EU Intellectual Property Office and Tractel for defending itself. The Intellectual Property Office is the most authoritative in all intellectual property fields in the EU, so that it has the strongest defense statement which was submitted to the German Third Court. The Intellectual Property Office appointed the Appeals Committee as a plenipotentiary to defend.

  Within two years, the German Third Court held three sessions to hear the plaintiff and the defendant's opinions. SHENXI and the EU Intellectual Property Office stepped in unison and cooperated with each other and severely refute the opposing party’s lies in the defense. Finally, the German Third Court officially rejected the lawsuit of the German Tractel Greifzug, and the expenses fell on the plaintiff. At that point, the multinational intellectual property lawsuit has finally settled.

  Wu Jie, the chairman and general manager of SHENXI suspended platform, said that in recent years, foreign companies have often provoked multinational intellectual property lawsuits, and domestic companies have frequently encountered various types of sues. In fact, it is a new trend of international trade protectionism. The international intellectual property dispute has become a veritable trade protection attack and defense war. Therefore, domestic enterprises must also focus on building soft power, establishing an internationalized management concept of intellectual property rights, and scientifically formulating international marketing strategies while they are upgrading their core competitiveness at the technical level. Only internal and external forces can complement each other, and management and technology can be combined with each other. So that we can keep invincible in the trade war. The experiences of SHENXI in winning the case has not only accumulated rich experience for the company to “become globally” and to occupy the international market, but also played a good demonstration role for domestic enterprises to carry out transnational rights protection.

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