How to combat counterfeiting of intellectual property rights? How can we crack down on counterfeit i

The measures to establish and improve the mechanism have been strongly guaranteed at both the legal and administrative levels.

1. The protection of intellectual property rights has been the consensus of the whole world, and the protection of intellectual property rights in China has been strengthened in recent years. After all, intellectual property is a "sensitive word" in the field of online retailing, and Chinese companies have suffered in this regard in recent years, and some companies have even been included in the annual global "notoriety market" blacklist by the United States due to the alleged lack of protection of intellectual property rights in the process of internationalization.

2. Increase compensation and make punishment more "ruthless". "Punitive damages" means damages awarded by a court in excess of the actual amount of damages. Severe punishment of infringers with obvious subjective malice can not only make up for the losses caused by infringements, but also increase the cost of violating the law, help to give full play to the punishment and deterrent effect of the law, and maintain a fair and just market competition order.

3. Although the abuse of intellectual property rights for profit shows that the awareness of intellectual property rights has increased in society as a whole, malicious extortion under the guise of intellectual property rights is worthy of vigilance, and in fact, some behaviors have exceeded the scope of legal rights. Therefore, it is necessary to crack down on the counterfeiting of mixed "intellectual property rights".

4. The "13th Five-Year Plan for the Protection and Use of Intellectual Property Rights" also emphasizes the strengthening of key links in intellectual property rights, and requires the study of intellectual property protection rules in new formats and fields such as "Internet +", e-commerce, and big data in terms of improving laws and regulations on intellectual property rights.

Fifth, improve efficiency and make the speed of rights protection "faster". Infringement in the Internet field occurs quickly, is highly concealed, and evidence is easy to be destroyed, so law enforcement personnel can only act vigorously, act quickly, and actively collect evidence. Through the construction of the intellectual property protection center, the coordination and linkage of rapid examination, rapid confirmation of rights, and rapid rights protection can be realized, the cycle can be shortened, the efficiency of law enforcement can be improved, and more convenient, efficient and low-cost channels for the public to protect their rights can be provided.

There are the following ways to crack down on counterfeiting: 1. Issue a warning letter. For the infringement and the consequences are not very serious, and the suspected infringing enterprise is not too large, the right holder can remind the other party in the form of a warning letter and require it to stop the infringement.

2. Aim at compensation. If the alleged infringement has caused great losses to the right holder, and the right holder is ready to sue the infringer with the goal of obtaining compensation, Zhiqing should take the initiative to fully prepare the evidence of infringement and the evidence of its own losses or the benefits obtained by the other party before filing a lawsuit with the court or sending a warning letter to the other party, so as to prepare for the court proceedings in the future and occupy an advantageous position. 3. Promote peace talks through litigation.

The purpose of filing a lawsuit with the court is not to obtain a judgment from the court, but to negotiate with the alleged infringer to make up for the losses caused by its infringement. The right holder should be clear about its own bottom line before the negotiation between the two parties, and at the same time, it should also try to investigate the bottom line of the other party as much as possible, so as to better protect its legitimate rights and interests. Fourth, clear the market with litigation.

In many cases, it is difficult for the right holder to get full compensation from the lawsuit, but if the lawsuit is not filed, the infringement will spread, and the market share of the right holder will be greatly affected, so the right holder has to file a lawsuit to regain the market share. 5. Promote cooperation through litigation. Sometimes, when the right holder requests the alleged infringer to stop the infringement or file a lawsuit with the court, it is not really required to stop using the right holder's intellectual property rights, but to use this as a platform to prompt the other party to negotiate or mediate with the right holder, and then the two parties reach a cooperation intention.

Article 28 of the Civil Procedure Law of the People's Republic of China Article 28 A lawsuit arising from infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or where the defendant is domiciled.

The ways that can be used to crack down on intellectual property counterfeiting are: sending a warning letter to the other party; sue the court for damages; Filing a lawsuit with the court to negotiate or reach cooperation with the infringer; Take a lawsuit to court to make an example of yourself in order to secure your market position. Taking the Trademark Law as an example, if there is an infringement of the trademark right holder, the trademark owner may first issue a warning to the other party and conduct negotiations.

If the negotiation fails, it will be handled by filing a lawsuit or requesting the administrative department for industry and commerce to pretend to be a management department.

[Legal basis].Article 60 of the Trademark Law of the People's Republic of China.

If there is any infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law, and a dispute arises, the parties shall resolve it through negotiation; If the trademark registrant or interested party is unwilling to negotiate or fails to negotiate, the trademark registrant or interested party may file a lawsuit with the people's court, or may request the administrative department for industry and commerce to handle the matter.

When the administrative department for industry and commerce handles the case, if it finds that the infringement is established, it shall order the infringement to be stopped immediately, confiscate and destroy the infringing goods and tools mainly used for manufacturing the infringing goods or forging registered trademark logos, and if the illegal business turnover is more than 50,000 yuan, a fine of not more than five times the illegal business turnover may be imposed, and if there is no illegal business revenue or the illegal business turnover is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

1. Collect and preserve evidence. The law pays attention to evidence, when it is found that the trademark has been infringed, the infringing goods of others will be fixed by taking pictures, videos, physical purchases, etc., and if necessary, the evidence will be notarized, and the evidence will be preserved first. 2. Send a lawyer's letter to the other party.

After grasping the evidence, a lawyer may be retained to send a lawyer's letter to the other party to warn and deter the other party, and give the other party a chance to make corrections. If the other party's products are sold on the e-commerce platform, you can also report them through the e-commerce platform to deter the other party. 3. The two sides shall negotiate and settle the matter.

If we encounter trademark infringement and the other party's infringement is not serious and we are willing to negotiate a settlement, the two parties can negotiate and settle the infringement facts and infringement compensation. 4. Complain to the administrative department for industry and commerce. It should be noted that the law stipulates that if a trademark registrant complains to the administrative department for industry and commerce for protection of its exclusive right to use the trademark, it shall submit a written complaint application and attach its valid supporting materials, including the miracle of the complaint, the trademark registration certificate and the actual use of the trademarks of both parties**.

5. Filing a lawsuit with the people's court. Safeguard their legitimate rights and interests through judicial channels. Where they are unwilling to negotiate a settlement or fail to reach a settlement through negotiation in accordance with the provisions of law, they may directly file a lawsuit in the people's court.

By filing a civil lawsuit, the other party can be asked to stop the infringement and compensate for the damages. Legal basis: Article 57 of the Trademark Law of the People's Republic of China constitutes an infringement of the exclusive right to use a registered trademark if any of the following acts are committed:

1. Using a trademark identical to its registered trademark on the same goods without the permission of the trademark registrant; 2. Without the permission of the trademark registrant, use a trademark similar to its registered trademark on the same kind of goods; or the use of a trademark that is identical or similar to its registered trademark on similar goods is more likely to be confusing. 3. Selling goods that infringe the exclusive right to use a registered trademark; 4. Forging or manufacturing the registered trademark signs of others without authorization, or selling the registered trademark signs made by others without authorization; 5. Without the consent of the trademark registrant, replace other registered trademarks and put the goods with the replaced trademarks on the market; 6. Intentionally facilitating the infringement of others' exclusive right to use trademarks, and helping others to infringe on the exclusive right to use trademarks; 7. Causing other damage to the exclusive right to use a registered trademark of another person.

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Haven't done it. But looking at your description, I get a rough idea.

The translation is as follows: A receives clues from a certain brand because A has signed a relevant rights protection agreement with a certain brand, and the infringement cases of a certain brand are handled by A, and generally speaking, the right holder of a certain brand does not need to pay A any fees in advance. After receiving the compensation from the infringer through litigation or mediation, a part of it will be deducted as remuneration, generally more than 50%, and the rest will be given to the brand rights holder. A earns money by defending the rights of the right holder, and if there is no infringement, there is no income.

What you want is the clues of infringement and the clues of evidence.

Who does such and such a brand, through the above explanation, you should understand the meaning.

There are clues to fight counterfeiting with intellectual property rights that can be cooperated, and multiple first-class brands are in one hand.

Although counterfeiting another person's patent and patent infringement are both illegal acts, there is a difference between them, which is mainly manifested in the following: patent infringement refers to the act of exploiting the patent without the permission of the patentee, and the key is that the infringer has implemented the patentee's patent. Counterfeiting of another person's patent mainly refers to the use of another person's patent mark or patent number, and does not involve the exploitation of the patentee's patent.

If the patent infringement infringes upon the legitimate civil rights and interests of the patentee, the perpetrator shall bear civil liability. At the request of the parties, the patent administrative authorities may mediate the amount of compensation for patent infringement, and if the mediation fails, the parties may file a civil lawsuit with the people's court, and of course, the parties may also file a lawsuit directly with the people's court. Patent infringement disputes are mainly resolved through civil means, and the patent administration authority can only make a decision to order the infringer to stop the infringement when it determines that the infringement is established.

On the one hand, the act of counterfeiting another person's patent directly affects the reputation of the counterfeited patentee and damages the interests of the patentee, which is a civil tort, and the actor shall bear civil liability. If the circumstances of counterfeiting another person's patent are serious, they may also be suspected of the crime of counterfeiting patents and will be investigated for criminal responsibility.

[Legal basis].

Article 60 of the Trademark Law of the People's Republic of China contains one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law, and if a dispute arises, the parties shall resolve it through negotiation; If the trademark registrant or the interested party of Bixin Bury is unwilling to negotiate or fails to negotiate, the trademark registrant or the interested party may file a lawsuit with the people's court, or may request the administrative department for industry and commerce to handle the matter.

Patent infringement is generally said to be a bright imitation, that is, the characteristics of other people's products fall within the protection scope of your patent rights, (invention and utility model are subject to the claims, and the design is subject to the scope of ** or ** expression), so that others infringe your patent rights;

Patent fraud, also known as counterfeiting patents, falsely claiming patented products, or entering non-patent patent numbers into packaging, promotion and other materials, etc.

I think the landlord should want to know that other people's products are very similar to your patents, whether they infringe your patent rights or whether they imitate your patents to produce products.