Q CELLS initiates penalty proceedings against JinkoSolar GmbH in Germany
Q CELLS has initiated penalty proceedings in the Regional Düsseldorf Court on Sept. 28 against JinkoSolar GmbH.
[Berlin, Germany, 19 October, 2020] Hanwha Q CELLS GmbH (“Q CELLS”), a globally renowned solar technology leader and total energy solutions provider, has announced that it has taken appropriate legal measures against Jinko with regards to the injunction ordered by the Regional Court Düsseldorf against Jinko’s solar products in Germany that have infringed the EP ‘689 patent.
Q CELLS has filed a request to fix an administrative fine on September 28, 2020 in relation to the terms of the Court injunction dated June 16, 2020, which encompasses prohibitions on the manufacture, sale, import and distribution of the products infringing on Q CELLS’ EP ‘689 patent.
The Regional Court of Düsseldorf ruled on June 16, 2020 that certain modules from Jinko use the technology covered by the EP’689 patent, thus infringing Q CELLS’ patent. This patent protects a unique passivation technology applied in Q.ANTUM – an innovative technology developed by Q CELLS that significantly increases the efficiency of solar cells.
Pursuant to the Court’s ruling, Q CELLS is granted the right to enforce an injunction against Jinko, including imposing prohibitions on the import and sale of infringing products. In addition, Jinko was ordered to recall the infringing products distributed since January 30, 2019 from the distribution channels, and to destroy infringing products in their possession.
Furthermore, Q CELLS will file a claim for damages against Jinko and expand patent litigation in other European jurisdictions, including France and Spain, as soon as practically possible. There also remains a possibility that Q CELLS may add other manufacturers as defendants, in addition to Jinko.
Q CELLS’ decision to enforce the Court’s ruling has been based on the company’s strategic judgment and assessment. Q CELLS will not tolerate any activities that infringe the company’s intellectual property. Accordingly, Q CELLS remains fully determined to protect its patent rights.
“Protection of intellectual property rights and strict compliance with IP laws are more important than ever for our fast-evolving solar industry,” asserted Q CELLS CTO Dr. Daniel Jeong. “We must uphold fair competition throughout the industry, as it is a prerequisite to ensure that next generation of technological innovations continues to stem from genuine, long-term R&D efforts. Q CELLS is taking this action against Jinko in order to vigorously protect our intellectual property, and exercise the legal rights that were granted by the Regional Court of Düsseldorf.”
About Q CELLS
Q CELLS is a renowned total energy solutions provider in solar cell and module, energy storage, downstream project business and energy retail. It is headquartered in Seoul, South Korea (Global Executive HQ) and Thalheim, Germany (Technology & Innovation HQ) with its diverse international manufacturing facilities in the U.S., Malaysia, China, and South Korea. Through its growing global business network spanning Europe, North America, Asia, South America, Africa and the Middle East, Q CELLS provides excellent services and long-term partnerships to its customers in the utility, commercial, governmental and residential markets. For more information, visit: www.q-cells.com.
This press release contains forward-looking statements. These forward-looking statements can be identified by terminology such as "will," "expects," "anticipates," "future," "intends," "plans," "believes," "estimates" and similar statements. Among other things, the quotations from management in this press release and Q CELLS’ operations and business outlook, contain forward-looking statements. Such statements involve certain risks and uncertainties that could cause actual results to differ materially from those expressed in or suggested by the forward-looking statements. Except as required by law, Q CELLS does not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Contact: Hanwha Q CELLS GmbH
Corporate Communications: Jochen Endle, Ian Clover
Tel: +49 (0)3494 6699 10121