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Release date:2024-08-23Author source:KinghelmViews:1236
"Enough of the fishing for rights! Shenzhen SLKOR micro Semicon Co., Ltd. has once again been targeted by the notorious patent troll ‘Changsang Mitou’ (Mitou), who claims SLKOR's old website used a template developed by Mitou and demands ¥10,000 in damages and an apology. Song Shiqiang noted that this is already the eighth case of such extortion faced by SLKOR and Kinghelm this year. On July 31, 2024, the Shenzhen Intermediate Court ruled that SLKOR must apologize to Mitou, pay ¥1,000 in damages and litigation costs, and cover ¥50 in court fees. Despite the judgment, SLKOR is unafraid and dissatisfied. We have appealed to the Provincial High Court against both Mitou's opportunistic claims and the Shenzhen court's lenient verdict. SLKOR warns Mitou: we’re not backing down and will fight this to the end!"
Key Points of the Shenzhen Intermediate People's Court Intellectual Property Division Judgment
Initially, SLKOR approached Mitou with a “friendly communication, clarification, and active cooperation” attitude, explaining that SLKOR is a high-tech company specializing in integrated circuit development and that the website template in question was purchased from a third-party provider, supported by a contract and other evidence. When Mitou formally sued, they demanded ¥7,998 in compensation. During court mediation, Mitou proposed a settlement of ¥2,000 from SLKOR, directing the remaining ¥5,998 towards the website creator “Yizhichuangxiang” for compensation. SLKOR rejected this offer. Yizhichuangxiang, a neighboring company in the same building and fellow victim of Mitou’s intellectual property traps, could not be used to settle the matter. SLKOR's stance is firm: having been initially targeted, they are determined to fight against Mitou’s schemes, even if it requires substantial effort, to end Mitou’s predatory practices.
The product series offered by Slkor
Initially, SLKOR responded to Mitou’s legal notice with good faith, believing the issue would be resolved. However, they soon received a court summons. SLKOR’s legal team discovered that a company was using its "self-service website building" software, which was advertised as "free" but was actually exploiting users by filing over 9,000 lawsuits on grounds such as failure to retain copyright notices on websites. This company relies on such tactics for profit and has been criticized by the Supreme People's Court and indirectly by CCTV News. Data from Qichacha shows Mitou's litigation numbers have doubled in three years, indicating increased harm to businesses and disruption of their operations. To counter Mitou’s exploitation and protect smaller companies, SLKOR and Kinghelm are committed to fighting back and raising awareness.
According to Qichacha data, Mitou in Changsha has been involved in numerous legal actions
CCTV News has criticized the company without naming it, highlighting concerns about its aggressive litigation practices and exploitation of legal loopholes
We also believe that the Shenzhen Intellectual Property Court's handling and judgment in this first-instance case were simplistic and hasty. The court session lasted only about ten minutes, with no opportunity for SLKOR's representatives to present their defense or for the witnesses to be contacted. Evidence submitted for review was neither duly examined nor accepted. The verdict was issued on the same day in a manner that appeared to be a standard, cookie-cutter decision, aiming to balance the parties rather than seeking true justice. Such judgments, which avoid taking responsibility, undermine the fairness and justice of legal relationships, and may have broader social implications. The discretionary power of judges should be exercised with great care, as the enforcement of such judgments can lead to the victim facing state coercion. Conversely, companies that engage in opportunistic litigation and their complicit legal representatives may take advantage of this and escalate their aggressive practices.
A friend in Huaqiangbei was extorted for 5,000 yuan and Someone on a video platform was extorted for 2,000 yuan
The right path in life is often fraught with hardships, and we have long adopted a nuanced view of the world. In recent years, Kinghelm and SLKOR have developed rapidly, frequently encountering scams through phone calls, emails, lawyer letters, court summonses, and even direct visits to our office under the guise of seeking cooperation. We understand that parasites and stray dogs thrive on filth and decay, and are part of the societal ecosystem. However, we must maintain our integrity.
Many people have skewed values and are unwilling to achieve success through honest work, with some even seeking quick wealth through immoral means. The exhaustion from legal disputes often tempts us to compromise, thinking that paying a thousand yuan is not a big deal. But if we give in, we will encourage more deceitful practices and opportunistic predators, leading to a worsening social atmosphere where righteousness is no longer believed in. This would result in our legitimate business being perpetually troubled.
Many companies seek to mitigate losses as a way to avoid further trouble
Going forward, our company will seek compensation from Mito for SLKOR’s lost work, transportation costs, and reputation damages, using legal means to defend our rights. We also hope that the court will consider the societal impact of its rulings on such cases. As highlighted in the "Supreme People's Court Work Report (2024)," the profits from such scams are lower than their costs, which should lead to fewer cases. We encourage victims to unite, fight back courageously, and not just try to mitigate losses. Collect and exchange evidence of Mito’s fraudulent tactics and scams, and use the law to put a stop to these deceitful practices, ensuring that dishonest lawyers waste their efforts.
Slkor’s Song Shiqiang discusses "The Past, Present, and Future of Huaqiangbei
SLKOR will update the progress of the case on SLKOR official website and our WeChat public account "SLKOR Semiconductor Leader." We invite anyone with information about the case to contact us. Please stay tuned for further updates!
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