Danish Company APS ('APS Company') complained with the Intellectual Property Office of northwest China's Gansu Province ('Gansu Province IPO') on March 14, 2008, alleging that a local medical company used a kind of 'umbilical cutting device' which had the same technology with their 'clamping and cutting device' patent. APS Company requested Gansu Province IPO to take actions against the local company's patent infringement activities and claimed compensation from the local company.
Gansu Province IPO conducted investigation right after receipt of the complaint. The investigation located the fact that APS Company is the lawful rights holder of the said patent which was granted by China State Intellectual Property Office ('SIPO') in 2004. It was also discovered that the local company's 'umbilical cutting device' were also granted utility model patent in March 2007. After examination of the two patents and according to the legal principle of prior application, Gansu Province IPO finally made the decision in favor of APS Company.
Source: xbsb.gansudaily.com.cn
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