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Observation: Predestined relationship of font of Microsoft use Chinese why defect intellectual property lair?

February 17, 2008

Regard the whole world as the biggest software company, american Microsoft near future is in China lair of deep-set intellectual property.

On January 15, 2008, in Beijing easy win the bid electronic IT company (in next weighing easy) sue American Microsoft to violate use Zheng to pile up an input method, encroach case of relevant intellectual property to be in Beijing court of the first intermediate people first sessional cognizance.

Before this, microsoft in order to involve commercial secret, requirement court underground hears this case, delegate of legal person of former defendant both sides and agent allow to attend only when open a court session namely, someone else is uniform do not get be a visitor at a meeting.

The flagman pose as that one be used to of American protects with intellectual property, on January 9, lead a group to visit China Bao Xijin of · of Davy of minister of American assistant business affairs ever still criticized Chinese government to make progress in intellectual property respect in Beijing slow. Unexpectedly one’s voice in speech did not fall, microsoft faces suit. Historical record makes clear, this is American high-tech company a few short the lawsuit of the 2nd intellectual property of month of immanent China experience. August 2007, founder also accuses blizzard the other side is having the font tort of patent, and claim for compensation 100 million yuan of RMBs.

Yu Anzhou of undersecretary of Department of Commerce expresses subsequently, as long as lawful and reasonable, what support has Zheng to pile up patent is medium easy company is striven for lawfully due rights and interests.

The crucial evidence of this one case is medium easy with Microsoft an agreement that signs 10 years ago, because both sides all is opposite,the specific content of this agreement keeps secret, it is to make this case mystery group heavy more, the truth is able to bear or endure doubly person conjecture.

Easy company holds to in “ in thinking Microsoft is right, easy font and Zheng pile up input method system to exceed permissive limits to use, already formed tort. Current, in the statement that notices Microsoft is published easily, because the court already approved the application that Microsoft underground tries, easy company inconvenience makes public a case to hear a case in, disadvantageous also make further explanation, but to Microsoft appeal to beg still very sturdy. Easy company spokesman expresses in ” .

　　 In easy: Let Microsoft freely use 10 years

Zheng code input method is by leading authority of bound of our country character, ” Ying Hua big dictionary ” Zhengyili and its daughter Zheng Long invent chief editor jointly, invent patent at obtaining China 1989, win the national patent such as the United States in succession. This input method learns encode science, generally, easily, fast, can give everything Chinese character coding, accord with standard of our country character and relevant specification, also be the form code input method that uses by the user outside be in charge of a branch to recommend home.

“ ought to point out Zheng is piled up not only it is the positive result that Professor Zhengyili studied half century to the Chinese character, and, later period has received research positive result of father by daughter Zheng Long, in group of information of our country Chinese the support of the expert of each respect falls, offerred a lot of precious proposals, undertook a large number of projects are changed, the innovation of standardization rises, zheng code already became the crystallization of collective of expert of group of information of our country Chinese actually! Easy company shows about chief in ” .

1994, just infiltrate the Microsoft of Chinese market sends a person several times to make an on-the-spot investigation to China, try to find out law of a Chinese character input to add Windows operating system, so that apply to Chinese user better. At that time, countrywide IT standardizes technical committee to sufferring former state Ministry of Electronic Industry and bureau of national ability inspect to entrust, the font that to the whole nation each business development makes and law of Chinese character input have constituent expert standardization checks.

After a year on September 20 (1995) , chinese Ministry of Electronic Industry and Microsoft are signed ” agreement of cooperation of standard of standard of project of Windows95 Chinese edition ” , microsoft is affirmatory preferential in Windows3.2 and Windows95 input method of use Zheng code and in this became easy font ——— the fuse that Microsoft is appealed to nowadays.

Subsequently more than 10 years, zheng piles up an input method to walk into computer user as Windows operating system, user of great majority computer bring into contact with this kind of input method.

But, easy company shows in, after 1998 Microsoft uses Zheng code to pay fee for Windows95 operating system, had had be as long as 10 years time did not pay use fee to this company.

Since 1998, the Windows98/2000 that Microsoft develops early or late in its till in the Chinese and English operating system such as XP, in was being installed beforehand in great quantities easy the input method of Zheng code Chinese that enjoys intellectual property and in easy font work and its product, but in was not being used to commerce easy the input method of code of product ——— Zheng that enjoys patent and copyright and those who enjoy software of art work copyright, computer to write copyright of work of authority, collection is medium easy font undertakes signing make an appointment with and disbursement use license fee.

In April 2007, easy company ever told Microsoft the court in. On April 30, court of the first intermediate people accepts Beijing this case, meantime refers inadequacy because of evidence, fail all the time sessional, was in Beijing on January 15 till this year open a court session of underground of law court of the 20th trial tries court of the first intermediate people.

Of Microsoft strike back

Hereon case Microsoft just reacts the first times is to accuse Zheng piles up patent to do not have novel sex and creativity.

Be in early last year on May 28, microsoft entrusted office of attorney of Beijing willow Shenyang to hand over Zheng to pile up to committee of review a case of patent of bureau of national intellectual property (patent name is: Invalid declare requests input method of “ etymon encode and patent of its equipment ”) , code of Zheng of review a case of council of review a case of patent of bureau of request China intellectual property is patent and invalid.

China ” exclusive law ” the 22nd regulation: Award the invention of patent, ought to have novel sex, creativity and practical. Alleged and novel sex, it is to point to same invention is done not have to had been published publicly on domestic and international publication perhaps before in patent application, begin to use in domestic grandfather pass or know for public place with other way. And creativity, be point to and before patent application already some technical photographs are compared, this invention has outstanding materiality characteristic and striking progress.

Microsoft respect thinks, the Zheng that won patent 1989 piles up an input method, had published relevant paper on conference 1983, that is to say Zheng code had been made public before actually, because this does not have novel sex and creativity, put forward “ patent then invalid ” application.

On December 20, 2007, committee of Patent Office reexamine depends on the 8 rights requirement that piles up patent to Zheng, the appeal that chaired both sides and rejoin.

Both sides argued nearly 3 hours, oral engage in a battle is unusually intense. Up to now, ” of oral cognizance of this patent “ not make known to lower levels is written result.

Besides submit to patent checks besides, be in by in after serving a court easily, microsoft also makes a statement on relevant media say, ceng Yuzhong easy autograph has Microsoft of written agreement accredit to be in its are used in all products in easy font and input method editor.

Microsoft points out, with in supervise and easy agreement is signed in relevant government sector below guidance. Microsoft has permitted an agreement related the basis, fulfil obligation adequately, include according to permissive agreement to in easy pay a license fee.

Concentration combs this case casuse and effect can discover, real articulatory point depends on: The Zheng code authorization that Microsoft obtains is mere still in ” of its “ all product include Windows3.2 and Windows95 two operating systems.

　　 An endless lawsuit

According to above case analysis, the means of settlement of this case appears very simple.

The agreement that “ wants to look up both sides to be signed at that time only is OK, still have a state what is more,the rather that more relevant director branch can undertake witnessing. You Yunting of lawyer of attorney office intellectual property is collected to point out in ” Shanghai.

The personage inside course of study expresses, if be opposite among them,the accredit problem of Windows follow-up version undertook making clear formulary, so whether the problem of tort decides not hard probably.

But that accredit agreement that before at present easy both sides did not announce 10 years in Microsoft, signs is concrete criterion. You Yunting thinks Microsoft is obtained in the possibility of easy accredit is very little.

You Yunting expresses, after easy company is sued in, microsoft does not have the intellectual property accredit that makes it clear that its had obtained Zheng to pile up for a short while, the input method patent that piles up with respect to Zheng however handed over Zheng to pile up request of patent and invalid declare to committee of review a case of patent of bureau of national intellectual property. If the overall product of Microsoft all obtained the intellectual property authorization that Zheng piles up, its were not necessary to put forward this patent cancel to apply for. Reason is very simple, if Microsoft has in the accredit of easy company the accredit document that its use Zheng to pile up input method and font in overall product, its a lawsuit of easy company in needing to refer the accredit contract at that time the court to be able to be rejected, cancel patent applies for is seek far and neglect what lies close at hand.

May explain the action of Microsoft from the angle of interest drive so? Because, if Microsoft mentions the application with Zheng patent and invalid code is successful, so they are OK to in easy company demand returns the patent accredit fee that pays before. But You Yunting thinks such possibility is not large still.

“ is formed from intellectual property on look, zheng code input method is an integrated intellectual property work, its include patent of Chinese input method and software copyright already, the software that also includes font and word the collection copyright of art work copyright and watch of word word encode and glyph data. Microsoft used so old Zheng to pile up an input method, although do not pay fee for patent, so the copyright accredit charge of work of software, art and collection work always also wants to pay, the possibility of charge of its recapture accredit actually very small. ”

“ is additional, the another law consequence that starts patent and invalid program can extend litigant time greatly namely, the patent cancel application that offers this with respect to Microsoft, the adjudication of committee of reexamine of national Patent Office is not final judgment decision, still have the two administration proceeding of Beijing tall courtyard ever since, walk along afore-mentioned programs to need to cost several years. To Microsoft such big company, dispute of any intellectual property tort are opposite be involved in more or less can be his commercial reputation affected somewhat, accordingly its can avoid be involved in commonly this kind of dispute, although be involved in, also meet as soon as possible lawsuit of finish of clear the air, the case that extends litigant time actively does not see more. ” You Yunting expresses.

A variety of evidence show, this is destined will be the lawsuit of a prolonged.

In accuse Microsoft case did not place sessional time truly at present easily. But relevant law personage expresses, the general experience of similar case is the fastest there can be a result inside two months, but also know exactly about sth year do not see a result, it is the example of not within the foreseeable future even.

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