It does not possess the novelty of patent right. First of all, according to the provisions of the Patent Law, inventions and utility models that are granted patent rights should have novelty, creativity and practicality, that is, the three characteristics of patents. Among them, novelty means that before the filing date, no identical invention or utility model was published in domestic and foreign publications, used in China or otherwise known to the public, and no identical invention or utility model was applied to the Patent Office by others and recorded in the patent application documents published after the filing date. Creativity means that compared with the technology before the filing date, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The above-mentioned "three characteristics" must be met at the same time before the applicant can obtain the patent right. Secondly, the key of this case is whether the novelty of energy-saving electromagnet technology is available. The criterion for judging whether an invention is novel is publicity or not. China adopts the principle of combining world novelty with domestic novelty. For written publication, China adopts world novelty, that is, it has not been published at home and abroad before the application date; For public use or in other ways (such as oral), the domestic novelty standards shall be adopted. Using different standards, it is difficult to find out whether the invention or utility model has been publicly used abroad or in other ways before the filing date. From the date of publication, China takes the date of application as the dividing line. An invention is novel as long as it has not been published before the application date. In this case, all the sufficient evidence of a study proves that the utility model patent of this factory has been published before the application date and has been published and used in China, which does not belong to the situation that the patent law allows it not to be considered as a loss of novelty, so the technology of this factory does not have novelty and cannot be granted a patent right. Third, the patent right granted by the patent office is not immutable. With limited personnel, it is impossible for the Patent Office to be familiar with all technical fields and read all open magazines. Because of this, the patent law has specially set up two systems to correct possible mistakes. The first is the revocation system of patent right. Within six months from the date when the Patent Office announced the grant of the patent right, any unit or individual may request the Patent Office to revoke the patent right if it considers that the grant of the patent right is not in conformity with the provisions. The patent office shall examine the request for revocation of the patent right, make a decision to revoke or maintain the patent right, and notify the requester and the patentee. The second is the patent invalidation system. After the expiration of six months from the date when the Patent Office announced the grant of the patent right, any unit or individual may request the Patent Reexamination Board to declare the patent right invalid if it considers that the grant of the patent right is not in conformity with the provisions. The Patent Reexamination Board shall examine the request for invalidation of the patent right, make a decision, and notify the claimant and the patentee. In this case, a research institute made a request to declare the patent right invalid six months after the patent right of a factory was granted, and the evidence was conclusive, which met the situation of declaring the patent right invalid. Finally, the Patent Reexamination Board shall send a copy of the request for invalidation of the patent right and a copy of the relevant documents to the patentee, asking him to state his opinions within a specified time limit. The patentee may modify the patent document, but shall not expand the scope of the original patent protection; Failure to reply within the time limit shall not affect the trial of the Patent Reexamination Board. Seven. Law against unfair competition 1. Case introduction "Happiness" brand nutrient solution produced by a food factory is well received by consumers. 1999, a food factory registered the trademark "Happiness". In 2000, A food factory signed a trademark license contract with B food factory, allowing B food factory to use the registered trademark "Happiness". After the license of "Happiness" trademark expired, Factory B slightly modified the formula of its nutrient solution and registered the trademark "Fukang". In order to make its products enter the market quickly, No.2 Factory advertised that "Fukang" nutrient solution is a replacement product of "Happiness" nutrient solution and an improvement of "Happiness" nutrient solution. After the advertisement, consumers thought that "Fukang" nutrient solution was a new generation product, which was definitely more advanced than "Happiness" nutrient solution, so they switched to buy "Fukang" nutrient solution, which made the products of a factory unsalable and caused huge economic losses. Upon learning of this situation, Factory A reported to the administrative department for industry and commerce, demanding to stop the behavior of Factory B and demanding compensation from Factory B. Question: 1. How should the administrative department for industry and commerce handle this situation? 2. Is the requirement of Food Factory A correct? Case study 1. The administrative department of commerce shall order Factory B to stop broadcasting or publishing advertisements, eliminate the influence, and impose a fine depending on the circumstances. In order to open the market, Factory B used advertisements to make consumers mistakenly think that the products of Factory B are new generation products, which made the products of Factory A unsalable. The Anti-Unfair Competition Law stipulates that "business operators shall not make misleading false propaganda on the quality, composition, performance, use, producer, expiration date and place of origin of goods by advertising or other methods". According to the above facts and legal provisions, the behavior of Factory B constitutes unfair competition. According to the provisions of the Anti-Unfair Competition Law, the administrative department for industry and commerce can order Factory B to stop broadcasting or publishing advertisements, explain the truth through various channels, and eliminate the influence of false advertisements, and impose a fine of 6,543,800 yuan to 200,000 yuan according to the circumstances. 2, a factory's request is correct, you can ask factory b to compensate for the losses. The Anti-Unfair Competition Law stipulates: "If an operator violates the provisions of this law and causes damage to the infringed operator, he shall be liable for damages. If it is difficult to calculate the loss of the infringed operator, the amount of compensation shall be the profit obtained by the infringer during the infringement period; It should also bear the reasonable expenses paid by the infringed operator for investigating the unfair competition behavior of the operator against his legitimate rights and interests. " According to the above legal provisions, A factory has the right to claim compensation from B factory. If the loss of a factory is difficult to calculate, the profit obtained by B factory during the infringement period can be used as compensation. If Factory A pays the reasonable expenses for investigating the infringement of Factory B, the expenses shall be borne by Factory B. 2. Introduction of the case of advertising infringement:1994 65438+1On October 22nd, Xi 'an Hansenzhai Supply Station entrusted an advertising company to plan an advertisement to promote its distribution of washing powder, and then contacted a newspaper for publication. The advertisement reads: "Hansenzhai Supply Station recommends the use of household washing products such as Vitality 28 washing powder, Clothing Flower washing powder and Weike 88 washing powder to users in the province, which will save you money, water and electricity after use. Hansenzhai supply station reminded not to use colored washing powder any more. Our domestic products have always been among the best in the world. " Shandandan brand washing powder produced by Xi 'an Daily Chemical Company is pink, and has been rated as national excellent product and ministerial excellent product for many years. From 199 1 to 1993, the sales volume of Shandandan brand washing powder has remained above 20,000 tons. 1994 reduced to10.5 million tons. Question: Does the advertisement of Hansenzhai Supply Station constitute infringement? If not, why? If so, who should bear the legal responsibility? Case study 1. The advertisement of Hansenzhai supply station has constituted infringement. Because the advertisement of Hansenzhai Supply Station devalues the quality of Shandandan brand washing powder produced by Xi 'an Daily Chemical Company, people misunderstand that the quality of colored washing powder is not good. Hansenzhai Supply Station violated the advertising law and the anti-unfair competition law, and harmed the economic interests of Xi 'an Daily Chemical Company. Hansenzhai supply station and advertising company should be ordered to stop publishing and publicly correct, the advertising fee should be confiscated, and a fine of more than 5 times the advertising fee/kloc-0 should be imposed. And compensate Han Sen Company for its economic losses. Eight. Product quality law 1. Case introduction of product liability that has not been put into circulation: In order to express condolences, an enterprise distributed a batch of self-produced washing machines that passed the inspection but were not put into circulation as welfare to employees before the New Year. Employee A was very happy after getting the washing machine issued by the factory and took it home. Just as his wife B was here, he asked her to help him wash sofa cover at home with a washing machine. As a result, because the washing machine leaked electricity, B was electrocuted on the spot, so A filed a lawsuit with the people's court. Question: 1. If Party A sues the enterprise, can it win? Why? Case Analysis Article 29 of China's "Product Quality Law" stipulates: "If a product is defective and causes personal injury or damage to property other than the defective product (hereinafter referred to as the property of others), the producer shall be liable for compensation. The producer shall not be liable for compensation if it can prove that one of the following circumstances exists: (1) The product has not been put into circulation; (2) The defect that caused the damage did not exist when the product was put into circulation; (3) The scientific and technological level when the product is put into circulation cannot find defects; In this case, the product is not put into circulation, so the producer is not liable for compensation. However, neither Party A nor Party B is at fault, and the people's court may, according to the principle of fairness in civil law, order the enterprise to make appropriate compensation to both parties, with the case number. Consumer Protection Law 1 and the effect of the operator's disclaimer. Case introduction: 1994 1 1 Zhang participated in the clothing fair sponsored by Textile Co., Ltd., and was listed in the number 10 of the fair. When Zhang was choosing clothes, he saw a notice on the counter that read "No return for face-to-face inspection". Zhang bought clothes and put them on. Unexpectedly, after 10 days, when Zhang oiled the leather coat, he found that the skin of the leather coat had fallen off and the spots on the leather coat were very ugly. Zhang took the clothes to the exhibition and asked for a return, but the exhibition was over and the staff of Bojia Leather Factory had been evacuated. Zhang was very angry, so he called the TV station to report the product quality problems of Bojia Leather Factory. The news media exposed this matter, and the sales volume of Bojia Leather Factory was greatly reduced. Bojia Leather Factory sued the court, claiming that when selling leather clothes, the factory had declared that "face-to-face inspection would not be returned", and Zhang knew that he still bought them, indicating that he agreed to be responsible for the quality risks of leather clothes. Now Zhang's behavior has violated the reputation right of our factory, and Zhang is required to eliminate the influence, apologize and compensate for the economic losses. In his defense, Zhang submitted a certificate issued by the commodity inspection department to the court, proving that the leather clothes purchased by Zhang were unqualified. Question: 1. Is the notice of "no return after face inspection" issued by Bojia Leather Factory valid? Why? 2. Does Bojia Leather Factory think that Zhang has infringed the reputation right of the factory? Why? Does Zhang have the right to claim compensation from Textile Co., Ltd. for the quality of leather clothes? Case study (1) The notice of Bojia Leather Factory "face-to-face inspection, no return" is invalid. " Face-to-face inspection, no return "is both an overlord clause and an exemption clause." Leather garment factories exempt themselves from their responsibilities and increase the responsibilities of consumers. Such exemption clause is invalid. (2) Zhang's behavior does not constitute infringement, because it is a fact that the quality of leather clothes purchased by Zhang is unqualified, not false. Leather clothing factory sells unqualified products as qualified products, which violates the product quality law, and the media exposure of this matter is not infringement. (3) Zhang has the right to claim compensation from the textile company. According to the Law on the Protection of Consumer Rights and Interests, the goods purchased by consumers at trade fairs have quality problems. After the fair is over, consumers have the right to claim compensation from the counter lessor or the organizer of the fair. 2. Case introduction: When shopping in the supermarket, Zhang looked at several bottles of cosmetics and felt dissatisfied, so he put them on the shelf. When leaving the supermarket, the supermarket security guard suspected that Zhang had not checked out the cosmetics, stopped Zhang from forcibly searching Zhang, and opened Zhang's bag for inspection. Because no cosmetics were found, the security guard immediately apologized to Zhang and explained, "Our store has regulations. Because supermarkets use open-shelf sales methods, things will inevitably be lost, so security guards are required to strengthen management and have the right to search people suspected of theft. This regulation has been posted at the entrance of the shopping mall. Zhang believes that the shopping mall has violated her personal rights and reputation rights, and filed a lawsuit with the people's court, demanding that the supermarket apologize and compensate for the losses. Question: 1. Does the supermarket infringe on Zhang's rights and interests? The security guard in the supermarket immediately apologized to Zhang. Is the supermarket liable for compensation to Zhang? Case study 1. According to the Law on the Protection of Consumers' Rights and Interests, consumers have the right that their personal and property safety will not be harmed and their personal dignity and national customs and habits will be respected when purchasing or using commodities or receiving services. For business operators, business operators shall not make unfair and unreasonable provisions to consumers in the form of standard contracts, notices, statements, shop notices, etc. , or reduce or exempt its civil liability for harming the legitimate rights and interests of consumers. According to the above regulations, the shopping mall has no right to search Zhang's belongings. Although the supermarket has a notice first, it has no legal basis and is not protected by law. Therefore, the supermarket violated Zhang's personal rights, reputation rights, security rights and security rights. Although the security personnel of the supermarket immediately apologized to Zhang, this does not change the fact that the supermarket violated Zhang's rights. According to the Consumer Protection Law, supermarkets should stop the infringement, restore their reputation, eliminate the influence, apologize and compensate for the losses. According to consumer protection law