Stolen Intellectual Property-Court Judgment in Fav

update: 2017-04-10 7420

Stolen Intellectual Property-Court Judgment in Favor of Qixiang

To whom this may concern:

Please be aware that our Company, Qixiang Electron Science & Technology Co., Ltd., is the manufacturer and designer of the industry leading AnyTone AT-588 mobile transceiver. We are sending you this notice as where we wish to inform you that our intellectual property was illegally obtained by TYT Electronics Co., Ltd., (TYT), another China two way radio manufacturer. As presented in court by our Company as  the Plaintiff,  TYT,  the Defendant, sold worldwide a copy of our radio, which they called the TH-9000，or its OEM brand.

A. Based on the Evidence presented to the Courts the Plaintiff, the Intermediate People's Court of Quanzhou City announced after trial on June 17, 2013 the following verdict. (Reference Civil Suit Trial No. 41 Quanzhou (2013):

1. Defendants Guofeng Hu and TYT Electronics Co., Ltd. illegally obtained the proprietary technical files of the Model AT-588 from Qixiang and used this information to produce a copy radio which was sold as their Model TH-9000, or its OEM brand, to the worldwide radio industry. The Defendants were ordered to stop the production and sales of the Model TH-9000 or its OEM brand.

2. Defendants Guofeng Hu and TYT Electronics Co., Ltd was fined 4,000,000 RMB (approx. $660,000 USD) for its tort and illegal activity as damages to Qixiang.  Restitution  to Qixiang shall be made by TYT within 7 days of notice of judgment.

3. Defendant Jiamao Lin is jointly liable for judgment against TYT Electronics Co., Ltd in this lawsuit.
B. Rejection of Appeal by TYT. In this matter, The Superior People's Court of Fujian Province announced on Dec-17-2013 in their review of the original findings of The Civil Final Court No.960 Fujian (2013).
In their decision, The (Appeals) Court Rejected the pleadings of the Defendant,  Guofeng Hu and TYT Electronics Co., Ltd. , and upheld the original verdict in support of the Plaintiff’s pleadings and the decision of the first Trial Court. This verdict is final and cannot be appealed.
From our perspective: The decision of the Courts was fair and just and brings another level of integrity to the radio manufacturing sector in China. It is a good indicator to promote innocuous competition among radio industry peers and protects the intellectual property of development minded Companies, such as Qixiang. 

Qixiang will uphold now its rights and accessibility to profits based on this decision. 

Without Prejudice:
1.We warn any factories that are still producing copy versions of our model, to stop their illegal activities immediately. 
2.We remind all Importers and Resellers of the TYT Model TH-9000 radio, or its OEM brand about this Court decision and to take heed.

3.We expect that all Importers and Resellers immediately cease from advertising, selling, or supporting the TH-9000 or its OEM brand, Qixiang Electron Science will protect its intellectual property and will prosecute to the fullest worldwide anyone or any Company found to sell, advertise, or service the products in question.

/Enclosures/Attachments:
(i)(Below): Picture of the AnyTone Mobile Radio and the illegal model TYT mobile radio
(ii)(Attached): The judgments of both Trial and Superior (Final) Court.