Case
The requester Chen went to China Zhongshan (Lighting) Intellectual Property Rapid Rights Protection Center (hereinafter referred to as the Rights Protection Center) to complain that A Lighting Department sold the products suspected of infringing its design patents and provided the store with three suspected infringing products. The pictures and other complaints, the requester requested the rights protection center to mediate the infringement of the A lighting store.
Processing
After preliminary review of the information provided by the complainant, the Human Rights Center filed the complaint and inspected the exhibitor's exhibition hall. On the scene, the three antler lights suspected of infringement were found and photographed and sampled. The law enforcement officers sent a copy of the complaint and evidence to the respondent. The person in charge of the business license of the respondent, Huang, submitted a contract for the lease of the store between the store property management company and the company during the defense period, saying that the business was not handled during the relocation. The procedure for changing the business license registration information is the actual operator.
The rights protection center organized the complainant Chen and Huang and Zou to mediate. He admitted that he was the actual operator of the respondent and the product was purchased from outside. Although the respondent promised not to operate the product in question, the two parties failed to reach a mediation on the compensation issue, and the complainant withdrew the case and filed a lawsuit against the court for compensation.
Case analysis
The focus of the dispute in this case is who will bear the tort liability when the operator of the business license registration is inconsistent with the actual operator. In the lawsuit, the individual industrial and commercial households are the parties registered on the business license. If there is a font size, the font number registered on the business license shall be the party, but the basic information of the operator of the font size shall also be indicated. If the operator registered on the business license is inconsistent with the actual operator, the registered operator and the actual operator are the joint litigants.
In combination with this case, the operator registered on the business license is Hwang, and the actual operator is Zou. If the requester sues in the court, Huang and Zou should be listed as co-defendants, and Huang and Yu are jointly and severally liable. Referring to this case, after the actual business operators have changed, the original business operators should promptly handle the procedures for changing the industrial and commercial registration information to avoid unnecessary disputes.
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