US software giant Microsoft has to stand a trial in China for
illegally using a patent input method editor in its Window systems
for a decade.
China Youth Daily reported the supreme who has been
calling for constant crackdown in China on pirated software for
years, was brought to the First People's Intermediate Court in
Beijing by Zhongyi Electronic Ltd, the owner of the Zheng Code
input method. The case appeared amid the latest spate of criticism
from the U.S. over China's intellectual property rights (IPR)
protection.
David Bohigian, US Assistant Secretary of Commerce for Market
Access and Compliance, blamed China for its slow progress in the
area during his visit in the country earlier this month, urging the
Chinese government to help build up trust between companies in the
two countries with stricter law enforcement.
Microsoft signed a contract with the Beijing-based firm in 1995
on the combination of the Chinese character input software and a
related database into its operating systems, Windows 3.2 and the
milestone product, Windows 95.
The two sides failed to extend the deal later but the US company
continued to install the input method in its subsequent systems
Windows 98, 2000 and XP without paying any fee, the report
said.
Zhongyi filed the case to the court in April 2007, but a lack of
evidence delayed the trial, which was held on January 15 this year
behind close doors at the request of MS.
In response, Microsoft appealed to a reexamination committee
under China's State Intellectual Property Office (SIPO) to annul
the patent as it alleged no creativity included in the code and
required the court to halt the trial.
A postponed hearing was held by the SIPO on December 20, but no
instant result was available.
Both companies declined to give further comment on the case in
interviews with the newspaper. MS reiterated its respect for the
IPR and said it would only use a third-party product in legal
ways.
The Zheng Code Input Method, invented by a notable dictionary
editor Zheng Yili and his daughter, was presented with the patent
in 1989. The Zhongyi company was authorized by the authors in 1992
to use the product for further development.
(CRI January 21, 2008)