In a “door-opening” decision for Japanese cartridge recyclers, a Tokyo District Court ruled that selling recycled Canon inkjet cartridges does not infringe the OEM’s intellectual property rights.
On Dec. 8, Chief Justice Masami Ichikawa rejected Canon’s charge against Japan-based Recycle Assist by ruling that refilling ink in the used cartridges belongs in the category of repair and this action doesn’t invade patent rights.
Canon brought charges against Recycle Assist in April 2004. In December 2003, Recycle Assist received a shipment of inkjets from Union Technology Int’l (UTec), one of largest suppliers of recycled and compatible inkjet and laser cartridges in Asia. The shipment led to the patent infringement claim and the ruling signifies a milestone for cartridge recyclers in Japan, according to UTec.
“We are pleased that the (Tokyo District) court confirms that recycling inkjet cartridges doesn’t infringe patent rights,” UTec Director Iris Ngo said in a statement. “We have fully supported our customer Recycle Assist throughout the trial. We believe this decision will definitely bring revolutionary changes to enhance customers’ choices and excel the industry standards by attracting more high-quality suppliers to the market.”
Based in Macau, UTec is a global distributor of Print-Rite Products including remanufactured toner and inkjet cartridges, copier toner kits, proprietary inkjet cartridges, ribbons, parts and bulk materials. For more information on UTec visit: www.rechargermag.com/article.asp?id=200409160
To learn more about issues involving inkjet patents in Asia visit: www.rechargermag.com/article.asp?id=200412116
