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Recently we have one webcam patent problem...
We buy the case from a moulding company in SZ for more than 2 years,and the case already come out for more than 3 years,but recently one HK company registrate it in HK and UK ,and they complain to our customer so that they can't sell it any more.
How should we handle this case? Any suggesttion? Many thanks!
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Try and get an agreement from the patent holder to make the product under licence. Quite often but not always the patent holder is willing to licence the idea rather than making the product themselves.
So find out what they will allow you to do. Your customer either broke the patent knowingly in which case you are aiding and abetting theft or unknowingly in which case it might be possible to negotiate some form of licence or royalty.
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Thank you ..but right now the models come out into the market for more than 2 years..and they only regestrate in UK .but customer sell it in Germany ,so we want to know whether my customer can sell it in Germany or not ?
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It is unlikely that they only took out a UK patent it is more likely that they took out a European patent but check the patent number and what is already registered.
Also patents take a couple of years to go through the process so the European patent may be delayed compared to any taken out in UK.
it is up to your customer to find these things out and presumably they have been told to desist by a lawyer representing the patent holder.
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