Someone complains that I am infringing his intellectual property rights, what should I do

1. Trademark, proving that the use of the trademark is not similar to the complainant's registered trademark or used earlier; 2. Patents, which prove that the products sold by oneself are not similar to the complainant's patent rights or were used earlier; 3. Copyright, proving that the product sold by oneself is not similar to the complainant's copyright or used earlier; However, as important intellectual property rights, trademark rights, patent rights, and copyrights themselves are the best in market competition, and it is recommended that the respondent learn from the pain and register or apply for their own independent trademark rights, patent rights, and copyrights as soon as possible. If the ** product is complained of infringing intellectual property rights: (1) If the intellectual property rights of others are infringed due to the trademark rights of the goods, at least one of the following documents needs to be provided when complaining:

1. Letter of revocation of complaint: The respondent can contact and negotiate with the complainant to explain the purchase channel to him. If the parties reach an understanding, the complainant may be requested to issue a letter of withdrawal of the complaint, stating that the complaint has been withdrawn; 2. Purchase voucher:

If the respondent's goods are purchased through formal channels, the purchase certificate can be provided. However, only verifiable proof of purchase such as invoices is valid, and receipts and purchase receipts are invalid; 3. Authorization certificate: If the respondent has the authorization of the brand, the authorization certificate can be provided, such as distribution agreement, brand authorization agreement, etc.

2) If the intellectual property rights of others are infringed due to patent infringement, at least one of the following documents shall be provided when appealing: 1. Patent certificate: If the respondent has the patent right of the goods sold, the respondent can provide the patent certificate for appeal; 2. Proof of purchase from the complainant:

If the goods sold were purchased from the complainant, i.e. the patentee, you can provide proof of purchase to appeal. However, only verifiable proof of purchase such as invoices is valid, and receipts and purchase receipts are invalid; 3. Proof that there is a problem with the complainant's patent right.

There are two types of complaints: acceptance and non-acceptance. In order to avoid malicious reports, the acceptance also needs to go through investigation and evidence collection and final review, and not everything that is complained about will be taken off the shelves immediately.

Summary. Stop the infringement, apologize, and compensate for the damage.

I have been complained of infringement of intellectual property rights, what should I do now?

Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.

Stop the infringement, apologize, and compensate for the damage.

Negotiate first.

If you can do it privately, ask the other party to withdraw the lawsuit.

Hello, I am a small supermarket, and the plaintiff sued for infringement of a toy hanging plate in 2019 for a shopping receipt.

We don't know his brand image.

That does not affect the infringement.

still constitutes infringement.

If a complaint is made about intellectual property infringement, the parties concerned may resolve the dispute through negotiation and try not to go through judicial procedures. Using a patent without the permission of the patentee is an infringement of its patent rights. If a dispute arises, the parties will generally be allowed to settle it through negotiation.

If the patentee or interested party is unwilling to negotiate or fails to do so, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter.

[Legal basis].

Article 60 of the Patent Law of the People's Republic of China Where the exploitation of the patent without the permission of the patentee is an infringement of the patentee's patent right and a dispute arises, the parties shall settle the dispute through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter. If the department in charge of patent affairs finds that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition; If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement. At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.