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Counterfeit Action Update - Q1 2007
action against counterfeit manufacturers
China . Germany . Hungary . India . South Korea . Malaysia . Netherlands . Poland . Russia . South Africa . Turkey . United Kingdom
Chinese Flag China

DMQ
The People's Court of Dongguan City as recently overturned a claim made by Otter Controls Ltd that DMQ (Chung Mei) kettles fitted with Strix U1830 controls infringed one of their patents. The court judged that the DMQ kettles and Strix controls did not have the features claimed in Otter's patent, and threw out Otter's claims for infringement.

View decision of People's Court of Dongguan City
English

Zhejiang Jiatai
STRIX has won another important patent litigation action against Zhejiang Jiatai (Jiatai) in China.

In February 2007 the Beijing Intermediate Court judged that Jiatai's KSD-368 products infringe STRIX Chinese patent and have ordered Jiatai to cease manufacture and sales of their KSD-368 product, and pay damages to STRIX.

The decision of the Beijing Intermediate Court will be posted on the STRIX website http://www.strix.com in English and Chinese languages.

View Decision of Beijing High Court:
English . Chinese


Ningbo Sunlight

The patent litigation between STRIX and Ningbo Sunlight (also known as Sheng Li Da) from China has reached a significant milestone.

In December 2006 the Beijing High Court threw out an appeal made by Sunlight following the earlier decision by the Beijing No 2 intermediate court to find in favour of STRIX in a case of patent infringement by the Sunlight control reference SLT 101A/SLT 102.

This means that the original decision of the No 2 court is upheld and Sunlight has to immediately cease production and provide damages to STRIX. The decision of the Beijing High Court will be posted on the STRIX website http://www.strix.com in English and Chinese languages.

View Decision of Beijing High Court:
English . Chinese

This case brought against the Ningbo kettle control manufacturer by STRIX is only part of a sustained programme to support its intellectual property against infringers in China and worldwide. This programme will continue throughout 2007

European distributor Support Plus have acknowledged that certain kettles they sold containing Sunlight controls infringe STRIX patents and have undertaken to cease distribution.

Patent Invalidation

In December 2006 STRIX was also successful in a patent invalidation action on Chinese patent no 00228279.8 registered by Yong Heng from Shunde in Guangdong Province. This patent was based on a steam thermostat easily mistaken for the very popular STRIX R 48 product. STRIX was able to demonstrate to the Chinese Patent Review Board that sales of kettles fitted with STRIX R48 controls were made before the application date of the patent. STRIX has thereby protected its customers in China from unwarranted action.

Aoketai Counterfeits

On 7th November 2006, Shenzhen Municipal Administration for Industry and Commerce, Bao'an branch (AIC) issued a Penalty Decision against Shenzhen Aoketai Electric Appliance Company Ltd for the violation of STRIX Trade marks rights by the unauthorised use of the STRIX logo on its products of manufacture. Aoketai were ordered to cease manufacture, to pay a fine and destroy all stock of the infringing products found at their location. The administrative decision will be posted on the STRIX website http://www.strix.com.

View Decision of High Court:
Chinese

wn_q1-2007-a.jpg wn_q1-2007-b.jpg
Seized counterfeit products made by Aoketai

Nanhai Counterfeits

On Christmas day, 25th December 2006, the Technical Supervision Bureau (TSB) of Nanhai Foshan District, in Guangdong Province China, assisted by the local police raided a local factory and seized large quantities of counterfeit STRIX products.
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Seized counterfeit controls from Nanhai

China Market Surveillance

The local Technical Supervision Bureaux are paying special attention to the growing market for electric kettles in China and to the growing problem of their unsafe nature. A new Chinese standard especially for electric kettles is being developed to control the safety and quality of this largest and most rapidly growing market. Regular investigations by local TSBs have recorded large numbers of kettles brands and types being non compliant with Compulsory Chinese Certification (CCC).

German Flag Germany

In August 2006 more that 100,000 kettles were held by German customs on suspicion of infringement of STRIX patents in Germany. Branded Technika and Eltron these kettles were destined for the Russian market.

The legal action with Support Plus was brought to a conclusion with Support Plus admitting the infringement of STRIX Intellectual Property in Germany as the kettles were fitted with controls made by Ningbo Sunlight form China.

ITO branded kettles were found on the market which also were fitted with controls manufactured by Ningbo Sunlight in China. These kettles were fitted with the same type of controls that were the subject of the recent Rapex alert requiring voluntary recall of the connector SLT 101B.

Technika and Eltron kettles being destroyed
Technika and Eltron kettles being destroyed

Hungarian Flag Hungary

Following EU accession, the General Inspectorate for Consumer Protectorate has established local offices to handle product safety issues. STRIX welcomes this development and looks forward to effective action against unsafe kettles on sale.


Indian Flag India

Following a survey of the market, Bajaj XBN1 and Warmex EK 999 kettles were tested at VDE Test and Certification Institute in Germany. Both were found unable to conform to the IEC standards. The adoption of worldwide standards and safety enforcement in India remains a concern as this market of vast potential continues to develop.


South Korean Flag South Korea

Following observations by STRIX on a large number of kettles found for sale on the Korean market, KATS, the South Korean Agency for Technology and Standards, has carried out a survey and test programme to assess their safety.


Malaysian Flag Malaysia

Counterfeits of STRIX controls, bearing the STRIX logo, have been located in Malaysia. It is clear that retailers are unaware of the problem. STRIX has conducted an advertising campaign over the Christmas period in an effort to create consumer awareness of the safety problems of the electric kettle in Malaysia, and is continuing to work with Sirim and the Energy Commission to ensure that unsafe kettles are assessed to the required standards and removed from the market.

View Malaysian adverts:
How Safe JPG
Somebody Cares JPG


Netherlands Flag Netherlands

Boxford

STRIX is pleased to have entered into an agreement with Boxford regarding the sale of kettles in Holland.


Poland Flag Poland

A further survey and test programme has been conducted and the results from unsafe kettles are being passed to Trade Inspection in Warsaw for their consideration.


Russian Flag Russia

Market surveys and testing programmes have recently been completed in Moscow regional cities. Tver and Ryazan. STRIX is working closely with Trade Inspections to ensure that safety standards of kettles sold in retail outlets are maintained. Actions possible following this action are sanctions and fines placed on local retailers, cancellation of the Certificates of Conformity and loss of license of the issuing test house, and publication of the matter in the local press and television.


South African Flag South Africa

Actions are underway to protect STRIX Intellectual Property Rights against Monarch, Africa Electric and Sinotec branded kettles.


Turkish Flag Turkey

STRIX is pleased to have reached agreement with Mert Celik regarding the sale of electric kettles in Turkey.


UK Flag United Kingdom

STRIX has found it necessary to commence legal action against a major UK retailer who imported kettles fitted with Ketsol controls.



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