Thai sues Jack Ma, Alibaba unit for alleged IP breaches

[webfact]

Thai sues Jack Ma, Alibaba unit for alleged IP breaches
By KWANCHAI RUNGFAPAISARN
THE NATION

 

Phanawatnan shows his patented fire-extinguishing ball.

 

BANGKOK: -- ELIDE FIRE Ball Pro Company, manufacturer of a fire-extinguishing ball patented by a Thai inventor, is suing Hangzhou Alibaba Advertising Co and Jack Ma, the man behind online shopping websites Alibaba and AliExpress, for allegedly promoting the sale of counterfeit goods.

 

“As the Thai government has set a policy for the country to shift to Thailand 4.0 with a value-based economy led by innovation, Thai entrepreneurs will face serious problems of intellectual-property violations in the world market more than ever,” said Phanawatnan Kaimart, chief executive officer of Elide Fire Ball Pro Co. 

 

“They have to fight legally for their rights, and I want my case to be an example for them.” 

 

As of the press time yesterday Alibaba Group was preparing a statement regarding the issue.

 

Phanawatnan said that in the short term, any piracy would negatively affect the country’s innovation development as individual inventors are not confident about infringement protection. In the long term, inventors will be afraid of creating any new innovations. 

 

“In the worst-case scenario, there will be no more or very few inventions from Thailand, as Thai creators do not believe that the laws and regulations will protect them properly.”

 

Elide Fire Balls are now available in more than 60 countries. The product was first launched in 2005.

 

Alibaba has been accused of violating the copyright of the Elide Fire Ball fire-extinguishing ball by Elide Fire Ball Pro Co. The product holds Thai Patent No 18966 and US Patent No 6,796,382. 

 

Registered with the World Intellectual Property Organisation, the product was invented by Phanawatnan “Woradech” Kaimart and is a copyright of Elide Fire Ball Pro Co. “Elide Fire Extinguishing Ball” is also a registered trademark.

 

Alibaba has been accused of promoting the sale of the AFO fire-extinguishing ball, which Elide claims is a counterfeit product, through its website, while AliExpress sells and delivers AFO products to buyers around the world. 

 

Elide claims this has severely damaged its business because the AFO product is a lot cheaper, but cannot actually extinguish a fire, thus hurting the reputation of the patented product. Many distributors have lost confidence in the Elide product and cancelled orders, it says. 

 

The damage is estimated at almost Bt3 billion, including sales opportunity losses.

 

As a result, Elide Fire Ball Pro |Co has filed a lawsuit against Hangzhou Alibaba Advertising Co and Jack Ma. The case was accepted on March 29 for consideration |by Thailand’s Central Court of Intellectual Property and International Trade.

 

Prior to this case, the AFO fire-extinguishing ball was found guilty of violating Patent No 18966 by the same court a couple of years ago.

 

The Elide Fire Ball won the Best Invention award in 2001 from the National Research Council of Thailand, as well as the People’s Choice Award and the Best Product Award from The Nation the same year. 

 

In 2003, the Editorial Office Trade Leaders Club presented the Elide Fire Ball with an International New Millennium Award at the International Award for Business Leadership and Prestige event in Berlin, Germany.

 

In 2004, it received an International Quality Crown Award in Britain. Phanawatnan then won a World Inventor Medal in Tokyo. 

 

In 2008, the Elide Fire Ball won the WIPO Award from the World Intellectual Property Organisation along with a gold medal. 

 

Last year, it was chosen as No 1 on the list of the “Top 100 Awesome Products for First-Half 2016” by blogger Awesome Techs.

 

Source: http://www.nationmultimedia.com/news/business/corporate/30311430

 

 

-- © Copyright The Nation 2017-04-06

 

 

[taichiplanet]

can't blame him but i wonder if he bothers to report the fake bags, watches, clothes and dvds as he walks through his local market. You can't have one without the other.

[PatOngo]

a Thai inventor, is suing Hangzhou Alibaba Advertising Co and Jack Ma, the man behind online shopping websites Alibaba and AliExpress, for allegedly promoting the sale of counterfeit goods.

 

Does'nt that just take the cake! OMG!....There are none so blind as those who will not see!

[ezzra]

That has to be a joke right? this is coming from a country that has everything fake

about it, from fake people to fake and copied products, beside, they want to sue

one of the richest people in the world? with the Chinese government behind

him?... good luck with that.... or could it be a publicity stunt, to get their name

known.....

[colinneil]

This is not about violating copyright, it is an advertising ploy.

 

[DGS1244]

These type of fire extinguishers were around long before he 'invented'  one. He will have difficulty in proving his case, maybe others might sue him for the same reason.

[grumbleweed]

And this coming from world leaders in copyright infringement. Anyone would think they hold the patent for doing rip offs.

 

"Excuse me, but we hold the patent for copyright infringing, no one is allowed to do it but us"

[naboo]

Pot, meet Kettle.

[mtls2005]

Let us know how that works out for you.

 

 

[Kasset Tak]

3 hours ago, DGS1244 said:

These type of fire extinguishers were around long before he 'invented'  one. He will have difficulty in proving his case, maybe others might sue him for the same reason.

He is suing because they have a patented delivery system that AFO has copied.

With you logic its OK to sell Ray-Ban copies because sunglasses has been around for a long time!

[little mary sunshine]

Suing Jack Ma...Yea, you'll win this one 5555!!!!!!

[PatOngo]

Maybe Jack can pay in submarines if he loses!

[Jonmarleesco]

8 hours ago, webfact said:

Phanawatnan said that in the short term, any piracy would negatively affect the country’s innovation development

We're in a country that specialises in product piracy.

[jollyhangmon]

1 minute ago, Jonmarleesco said:

We're in a country that specialises in product piracy.

They very well did for the last 3 decades or so.

Now as they're losing out to Chyna in that department we see another - wait 4 it ... U-turn  

[Lannig]

Let Microsoft check whether every Windows computer has a legit licence in his company first.

[midas]

Jack Ma should counter sue for criminal defamation

[lordblackader]

555+ you can't make this stuff up, a thai company accusing someone in a different country of selling counterfeit goods! :D 

[dcnx]

9 hours ago, DGS1244 said:

These type of fire extinguishers were around long before he 'invented'  one. He will have difficulty in proving his case, maybe others might sue him for the same reason.

Yea but it was the first time it was invented in Thailand, so....

 

A bit like cloud seeding.

[Minnie the Minx]

Absolutely hilarious, seen that movie 'The man who sued god'? lol

[wakeupplease]

Suing where? China not a chance like Apples (IPhone case,) he will lose and here well, I doubt there are any 737's to grab. They may just send some duff tanks and subs as revenge. total lost cause hope he has a lot of money.

[snowgard]

Again someone who not understand that Alibaba ist just  marketplace and not a shop. Alibaba not sell something and don't advertise something. The promotions just come from the shops itself.

 

Like Amazon and Ebay!!!