What should I do if I receive a lawyer s letter from infringement?

Contact us directly to negotiate a solution.

Legal analysis: After receiving the lawyer's letter, you can consider negotiating with the other party, or you can also prepare for a lawsuit. A lawyer's letter is an advance notice that the other party is ready to litigate the current dispute to the law.

If you don't want to file a lawsuit, negotiate with the other party about how to resolve it after receiving the lawyer's letter.

The lawyer's letter itself does not have legal consequences, but is only a warning. A lawyer's letter is generally regarded as a threat of litigation, which may be a case where a party presses the other party to sue for peace in order to gain a negotiating advantage. It may also be a litigation warning issued by the parties who have lost confidence in conflict resolution.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Legal analysis: Generally, the lawyer's letter can be ignored, but the other party can sue; The lawyer's letter only informs that the other party has entrusted a legal professional to handle the conflict through legal means, and the visa can be refused, or even not to meet with the opposing party's lawyer.

Legal basis: Civil Code of the People's Republic of China

Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Summary. Hello dear, happy to answer your <>

What to do if you receive an infringement lawyer's letter1. The lawyer's letter is a warning type, which is generally issued by the right holder to the infringer, requesting the infringer to stop the infringement and compensate the right holder for its losses. 2. After receiving the lawyer's letter of trademark infringement, try to check the products produced and sold by yourself against the infringement mentioned in the letter, and if there is indeed infringement, you should actively contact the right holder or the opposing lawyer for negotiation. 3. If it is a product through a legitimate channel, you can provide a sales contract and a supply list, and if you don't know that it is an infringing product, you can stop selling.

What should I do if I receive an infringement lawyer's letter?

Hello dear, happy to answer your <>

What to do if you receive an infringement lawyer's letter1. The lawyer's letter is a warning type, which is generally issued by a lawyer entrusted by the right holder to the infringer, requiring the infringer to stop the infringement and compensate the right holder for the loss of the forest. 2. After receiving the lawyer's letter of trademark infringement, try to check the products produced and sold by yourself against the infringement mentioned in the letter. 3. If it is a product through a legitimate channel, you can provide a sales contract and a supply list, and if you don't know that it is an infringing product, you can stop selling.

Expanding information: When Jianhui receives a lawyer's letter from a patent infringement, she needs to formulate a response plan based on the purpose of the other party's letter, the judgment of whether it is infringing and the degree of infringement. If infringement does occur, it can be dealt with in the following aspects: 1. Assess the degree of infringement and determine the possible next steps of the sender in combination with the circumstances of the infringement; 2. Set up a task force, whose members mainly include the leaders in charge, the intellectual property department, the product department, the legal department and other personnel; 3. Prepare relevant materials:

Conduct a thorough investigation of the other party's patent situation and market situation; Do a good job of evidence preservation (which may involve R&D records, usage records, sales invoices and contracts, etc.); Organize personnel to start the analysis work; 4. Do a good job of countermeasures: effectively evaluate the patents involved, and formulate patent invalidation plans; determine whether to assert prior user-use; Combined with legal and lawyers' opinions, formulate patent licensing schemes; Combined with the conclusion of infringement analysis, formulate a patent avoidance plan; 5. Communicate with the other party, or negotiate a solution, or prepare to actively respond to the lawsuit; 6. Start the next step of the procedure: Wang A conducts marketing publicity and maintains the corporate image; reassure customers and ensure the normal operation of the industrial chain; 7. Summarize the record:

Whether it has been expected in the early stage, the reason why it was not expected, and the next work plan.

A lawyer's letter is generally issued by a trademark owner to a lawyer to the infringer, requesting the infringer to stop the infringement and compensate the right holder for its losses. After receiving the trademark infringement lawyer's letter, try to check the infringement mentioned in the letter, check the products produced and sold by yourself, and if there is indeed infringement, it is best to entrust a lawyer in time and actively negotiate with the right holder or the opposing lawyer. If it is a product through a legitimate channel, you can provide a sales contract and a supply list, and if you don't know that it is an infringing product, you can stop selling it now.

The following circumstances can prove that the goods were legally obtained by themselves: (1) There is a supply list and payment receipt legally signed and sealed by the supplier and verified to be true or approved by the supplier; (B) there is a purchase contract signed by the supply and marketing parties and has been verified to have been truly performed; (3) There are lawful purchase invoices and the items recorded in the invoices correspond to the goods involved in the case; (4) Other circumstances that can prove that the goods involved in the case were lawfully obtained.

Article 80 of the Regulations for the Implementation of the Trademark Law on Trademarks If the seller does not know that the verification calendar infringes the exclusive right to use a registered trademark, and can prove that the goods were legally obtained by himself and explain the supplier, the administrative department for industry and commerce shall order him to stop the sale and notify the administrative department for industry and commerce where the infringing goods provider is located of the case.