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  1. #11 Re: HiSun 重庆环松工业(集团)有限公司 
    Senior C-Moto Guru MJH's Avatar
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    If you are a Kawasaki dealer then you should contact Kawasaki and ask for information about the patents on the 250 and 650 models and then see were you stand with these. Kawasaki dealers have the rights to the sale of the products that are patented in their markets others cannot sell them or copies of them. If dealers see loses in sales in local markets they can and should address that, they need to get a statement from Kawasaki on the rights of the designs and technology within the bikes. Then if right are in force with respect to those, then they can track sales though registration records at the state government level. If the bikes are not legal to sell then all profits on sales of them represent recoverable damages.


    Simply contact Kawasaki and find out if the bikes designs have any patents pending on them. Then do a search with the state DMV on the WMI which is LWG, they can tell you how many are or were sold in your state and even the zip codes they were sold within.
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  2. #12 Re: HiSun 重庆环松工业(集团)有限公司 
    Senior C-Moto Guru MJH's Avatar
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    It is not that complicated a design patent is enduring, that is what it looks like, the form it takes, its appearance. These are filed and renewed they can last forever and are enforced legally.


    There are also mechanical patents and those are not enduring they only last a set amount of time and then expire. The internal workings are mechanical the appearance of the case though can have a design patent. There is no patent on combustion engines, but a new valve type can be patented for a set time and in that not copied by others until its mechanical patent expires.


    The reason is that nothing mechanical should be held exclusively in rights by one for ever, the mechanical workings can be held for a set duration which is long enough to recover the cost of the research and development, then they become, when they expire, open to others to make. That insures all get access eventually and nothing holds back the advancing of mechanical devices and the duration of protection ensures that those that invest are able to recover the costs and also make a profit if it is truly something new and improved.


    However the looks or the appearance they are not open unless the patent holder releases them. That is because the appearance is highly identifiable to the brand that holds it and owns them can for ever own the rights.


    Government also regulates, they set standards that are for safety and also limit environmental impact.
    So that explains why a manufacturer cannot simply start making an engine from 1970 that may have been very popular, it may not meet modern emission standards. It also explains why a company does not make a 1965 copy of a Ford Mustang, it is because Ford surely holds a design patent on its form, that being it shape, its appearance, you could make the 302 V8 but it would need to meet emissions, the engine is open to make but the form of the vehicle is not.


    So in that they can copy old engines all day long, but they need to meet emissions, they cannot copy the appearance unless the manufacturer did not patent the design.


    In this case the exterior as in the appearance is not copied, the mechanical parts would need to have had a patent search to ensure they are not protected and that all mechanical patents have expired. Be aware most manufactures patent all deigns elements even the shape of knobs and keys and buttons are often covered under design patents, they do not want to be copied.

    It is possible that the Rival does not violate any patents, but I would be suspicious that it does.
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