Introduction: "Those who seek the growth of trees must solidify their roots; those who want to flow far must dredge their springs. The excellent traditional Chinese culture is the spiritual lifeblood of the Chinese nation, an important source of cultivating Core Socialist Values, and a solid foundation for us to stand firm in the forest of world cultures. In recent years, people's courts have continuously improved and increased the level and intensity of protection for traditional culture in judicial trials, and intellectual property judicial protection has become the main way to protect traditional culture. Recently, the Wuxi Intellectual Property Court in Jiangsu Province tried a patent infringement case involving the improvement of traditional ethnic musical instrument technology, accurately determined that the accused infringing product constituted patent infringement, and ruled that the infringer should stop the infringement and compensate the economic losses of the right holder. The trial of this case has made a beneficial attempt to strengthen the protection, inheritance, and innovative development of traditional culture. The panpipe performer filed a lawsuit for infringement in the spacious and bright courtroom hallway. Several litigants were taking a nap and chatting when suddenly a melodious sound of music floated in, attracting their attention. The music is soft and delicate, ethereal and elegant, and those who understand the instrument immediately recognize it as the sound of the flute. But how could anyone play the flute in court? Originally, the person who played the flute in court was renowned pianist Feng, who was currently the plaintiff in a patent infringement case in court. In addition to being obsessed with playing the flute, Feng also devoted himself to studying the improvement of the flute instrument for a long time. Feng applied to the China National Intellectual Property Administration for an invention patent named "Pai Di" and was authorized. Claim 1 of this patent is an independent claim, which includes the technical feature of a retractable arc-shaped cone on the inner wall of the sound pipe mouth. When describing the technical features in the patent specification, it is stated that the technical features change the resonance point, allowing the tube to achieve full resonance, making the sound more plump and rounded, with less air consumption, and better harmony effect during ensemble. In July 2018, Feng discovered that a musical instrument factory operated by Ding was suspected of producing and selling panpipes that infringed on the aforementioned patent rights. He then negotiated with Ding, and ultimately reached a settlement agreement between the two parties to stop production and sales of the musical instrument factory and compensate 50000 yuan. In November 2018, after fulfilling the above agreement, Mr. Ding filed a lawsuit with Mr. Feng as the defendant to the Intermediate people's court of Suzhou, believing that he did not infringe the above patent rights, and signed a settlement agreement out of misunderstanding, requesting confirmation that he did not infringe the above patent rights and returning 50000 yuan of compensation. The Suzhou Intermediate People's Court believes that Ding's lawsuit does not meet the conditions for filing a confirmed non infringement lawsuit, and the first instance ruling rejected Ding's lawsuit. Ding did not file an appeal. In April 2020, Feng bought a panpipe from Kong's rented booth at the folk music exhibition in Shanghai New International Expo Center by means of notarization and preservation. Kong is Ding's husband, and the trademark on the flute is precisely registered by Ding. In 2022, after failing to reach an agreement with Mr. Kong, Mr. Feng filed a patent infringement lawsuit with the Wuxi Intellectual Property Court, requesting that the defendant Mr. Kong be ordered to stop production, sales, and promised sales of suspected infringing products, destroy molds and inventory products, and apply Punitive damages to them. In the trial of a case of intentional repeated infringement and a compensation of 350000 yuan, plaintiff Feng believes that claim 1 of the invention patent in question is his right
Edit：Zhou Shu Responsible editor：Wang Chen
Source：rmfyb.chinacourt.org
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