“行政调解+司法确认”,迅速化解专利侵权纠纷
Qi Lu Wan Bao·2025-12-25 07:38

Core Viewpoint - Innovation is the core engine driving regional development, and the efficient resolution of intellectual property disputes is key to safeguarding corporate innovation vitality [2] Group 1: Case Background - A company, a key player in yacht research and production in Weihai, developed a "new inflatable fishing boat" that occupies a certain market share due to its lightweight, durability, and high safety [3] - In late 2024, A company discovered that B company was producing a similar inflatable fishing boat, which allegedly infringed on A company's patent [3] - A company attempted to negotiate with B company but faced significant disagreements on infringement recognition and compensation, leading them to seek administrative resolution through the Weihai Market Supervision Administration [3] Group 2: Resolution Process - Upon receiving A company's request in March 2025, the Weihai Market Supervision Administration initiated an examination process, adhering to the principle of "mediation first, adjudication combined" [4] - Investigations revealed that B company's production was due to a lack of understanding of patent boundaries rather than intentional infringement, and both parties expressed willingness to resolve the dispute through mediation [4] - A mediation team was formed, and after multiple discussions, both parties agreed to a mediation approach to resolve their differences [5] Group 3: Mediation Agreement - The mediation personnel developed a detailed plan and conducted face-to-face negotiations, analyzing the legal and commercial implications for both parties [5] - On May 19, 2025, both parties reached an agreement and signed a mediation agreement [5] Group 4: Judicial Confirmation - According to the mediation agreement, B company must destroy the infringing products and cease related production and sales within five working days, while A company will receive a compensation of 20,000 yuan and will not pursue further infringement claims [6] - To ensure the agreement's enforcement, both parties were advised to apply for judicial confirmation, which enhances the legal effectiveness and compliance rate of administrative mediation agreements [6]