Indecopi fined a Peruvian company for importing sprayers from China in 2021, whose designs were similar to those sold by the Honda company. Find out the details in this note. [Resolution No. 000027-2022/CIN-INDECOPI]
A Peruvian company was fined 100.54 UIT, that is, the equivalent of S/ 462,503, approximately, for importing sprayers from China in 2021, whose designs were similar to those marketed by the Honda company.
What was the case?
The company Honda Motor filed a complaint for infringement of industrial property rights against HCB IMPORT S.A.C., regarding the industrial design registration registered with title No. 4056, called "SPRINKLER MOTORIZED EQUIPMENT", or registration DI4056.
The importers claimed not to be responsible, since the manufacture of the products was managed in China. In that sense, they issued the commercial invoice and specified that the merchandise arrived in Peru in December 2021.
Having said the foregoing, the company affirms that at no time did it market the product in question with the intention of taking advantage of the Honda brand and design, having purchased and imported it under the full belief that it did not violate any regulations.
Moreover, they also argued that there are some differences between the design of the imported products and that of Honda, so it is not fully proven that the product purchaseIndecopi fined a Peruvian company for importing sprayers from China in 2021, whose designs were similar to those sold by the Honda companyd from China violates Honda's industrial property rights.
How did Indecopi decide?
The Commission on Inventions and New Technologies (Directorate of Inventions and New Technologies) specified that, although there are some differences in the arrangement of the hose on the rod in both designs and some other elements, this constitutes a secondary or insubstantial difference compared to the presence of other related elements.
Thus, it should be emphasized that Article 129 of Decision 486 provides that the rights derived from an industrial design registration are also extended against whoever produces or markets a product whose design only presents secondary differences with respect to the protected design.
For the rest, it is pertinent to point out that, although the reports by Honda have identified certain differences, they have been presented as secondary, which, contrary to what is indicated by HCB, does not lead to establishing that the infraction is not fully proven. .
Due to the foregoing, it is established that the design of the BNPS4035 code 4-stroke sprayer, marketed by HCB under the name GX35 Bonelly, is within the scope of protection of registration DI4056.
