The Court alleges that the Lidl kitchen robot reproduces all the characteristics of the Vorwerk patent (Thermomix), therefore there has been plagiarism of the patent .
Patent plagiarism
First of all, we must define what a patent is. A patent is an exclusive right to protect an list of contact numbers in philippines invention. It is granted by the State, in this case by the OEPM (Spanish Patent and Trademark Office). The patent provides exclusive rights to its inventor regarding its use and exploitation, and prevents third parties from using it without the inventor's consent.
If the creator of the patent decides not to exploit it, he can sell or transfer his rights to another company to market it under license .
If you suffer patent plagiarism, you should follow these steps:
It is best to put yourself in the hands of lawyers specializing in Intellectual Property.
Before starting legal proceedings, try to find an amicable solution with the person or company that committed the plagiarism.
Collect evidence of authorship . That is, obtain the patent registration certificate as well as its content.
Find and save evidence that your patent has been plagiarized.
Finally, take legal action to force the person to stop using your patent and request compensation for any damages caused.
Difference between patent and trademark
A brand is the name or logo that differentiates a product or service from others in the same class or competition. For example, Adidas is a brand. This means that no one can produce or create clothing under the Adidas name.
The difference between a patent and a trademark lies in the object to be protected:
The patent protects the creation of an invention
The trademark protects products or services that already exist, but which seek to differentiate themselves from others.
Therefore, the difference between a trademark and a patent is specifically presented in the object to be protected. A patent protects a novel product or technology (creation of an invention) while a trademark protects products or services that already exist, but which seek to differentiate themselves from others.
How a trademark and patent are registered is also different, but both patents and trademarks require filing an application and paying the corresponding fees.
A court has found Lidl guilty of plagiarising the Thermomix patent . It has been ordered to pay compensation for damages and a ban on importing, storing, offering and marketing the kitchen robots.
All copies must be withdrawn from the market and he is ordered to pay the costs of the trial .
The bottom line is the functional part of the Thermomix food processor . The processor has a circuit that allows you to weigh ingredients while the machine is running, with the bowl closed and using the lid, and it can also be used while the machine is in standby mode.
The expert reports clarify that the Thermomix patent offers sufficient innovations compared to other competing robots. And they indicate that the Lidl robot copies each and every one of these characteristics. It is alleged that there is a violation of art. 59 of the Patent Law.