What are the issues that need to be paid attention to when intellectual property rights are infringe

First of all, you have to be clear about what intellectual property rights you have and what are the key technologies of the intellectual property rights you own. Secondly, you need to be clear about what intellectual property rights your competitors have and what are the key technologies of your competitors' intellectual property rights. Then, compare your IP with that of your competitors, analyze it, and draw conclusions.

Finally, the conclusion can be written that there is no risk of intellectual property infringement; There is a risk of intellectual property infringement, but the risk is small and the risk is large. The key to the conclusion is the analysis, the amount of effort you put in, just to fill in the form, it is a formality, and there is no substantive meaning. It should be noted that the so-called risk of intellectual property infringement is not only the risk of others infringing your intellectual property rights, but also the risk of you infringing on others' intellectual property rights.

If you are at risk of infringing on other people's intellectual property rights, you should pay more attention to the products you produce or use that have technical content but do not have intellectual property rights, such as the Windows system of your computer, is it genuine? The cracked version is infringing.

1. The number and scale of operation of infringing goods found at the fixed evidence collection site. If the existing evidence proves that there are many infringing goods, the scale of operation is large, and the multiple evidence collection is sufficient to prove that the operator continues to sell the infringing goods, it may obtain more compensation;

2. Fix the business information of the business operator to avoid affecting the efficiency of litigation due to the main body of the parties or other procedural issues;

3. Fix the defendant's **, publicity materials or materials stored in the relevant departments, such as the defendant's public declaration and report to the relevant departments of business scope, sales scale, profits and other data, which can be used as preliminary evidence for the claim;

Infringement of intellectual property rights is generally handled by the parties through negotiation. and solve the relevant problems in accordance with the negotiated plan. If the negotiation fails, or if the parties are unwilling to negotiate on their own, they may file a complaint with the relevant administrative department, or directly submit a complaint, and the court will adjudicate in accordance with law.

[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 do so, the trademark registrant or interested party may file a lawsuit with the people's court or 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 it to immediately stop the infringing act, 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, it may impose a fine of not more than five times the illegal business turnover, and if there is no illegal business revenue or the illegal business revenue is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Where there are two or more acts of trademark infringement within five years or other serious circumstances, a heavier punishment shall be imposed. If the sale of goods that are not known to be infringing on the exclusive right to use a registered trademark can prove that the goods were lawfully obtained by the person and explain the supplier, the administrative department for industry and commerce shall order the sale to be stopped.

2. With compensation as the goalIf 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, before filing a lawsuit with the court or sending a warning letter to the other party, it 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, so as to prepare for the court litigation process in the future and occupy an advantageous position.

3. The purpose of litigation to promote peace negotiation is sometimes not to obtain a judgment from the court, but to negotiate with the alleged infringer and 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.

4. 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. For example, a luxury brand can tolerate counterfeit products with poor workmanship at the price of cabbage in the bazaar**, but will never accept high-quality imitation products sold in hotels and **, because the consumer group of the former is not the target group of the right holder, and the latter is very likely to divert the target customers of the right holder. Therefore, even if the right holder cannot obtain sufficient compensation from the case, it will take legal measures, even criminal measures, to protect its market share.

5. Promoting cooperation through litigationSometimes, 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 intellectual property rights of the right holder, 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.

1. 4 points will be deducted if the same user is convicted of the same intellectual property complaint for the first time;

2. If the same user is again complained about the same intellectual property rights, it will be regarded as repeated infringement and 8 points will be deducted each time, but if the time of the second complaint is within 5 days (including 5 days) from the date of the establishment of the complaint, no points will be deducted.

Between 12 points and 24 points (including 12 points) Warning.

Between 24 points and 36 points (including 24 points), the right is limited to 7 days.

Between 36 points and 48 points (including 36 points), the right is limited to 15 days.

Between 48 points and 60 points (including 48 points), the right is limited to 30 days.

60 points or above Close your account.

Handling of Serious Infringements.

The first time a complaint was lodged with a warning.

The second complaint was established with a limit of 7 days.

The third complaint was established with a limit of 15 days.

The fourth time the complaint was established, the account was closed.

If the same user is sustained by the same intellectual property rights for a total of three times, the account will be closed directly.

Legal analysis: If the copyright (copyright), patent right, exclusive right to use trademark, right of discovery, right of invention and other scientific and technological achievements of citizens and legal persons are infringed by plagiarism, tampering, counterfeiting, etc., they have the right to demand that the infringement be stopped, the impact eliminated, and the losses compensated.

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 infringing act 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 obstacles, and eliminating dangers. Rough and simple.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.

1. Unauthorized use of identical or similar trademarks, special signs, patents, works and other creative achievements in production, operation, advertising, publicity, performance and other activities;

2. Forging or manufacturing identical or similar trademark logos or special signs without authorization, or selling forged or unauthorized manufacturing of trademark logos or special signs;

3. Disguised use of identical or similar trademarks, special signs, patents, works and other creative achievements;

4. Unauthorized use of the same or similar trademarks, special signs, patents, works and other creative achievements in the registration and registration of enterprises, social organizations, public institutions, private non-enterprise units, domain names, place names, buildings, structures, places, etc.;

5. Provide convenient conditions such as location, warehousing, transportation, mailing, and concealment for infringement;

6. Other infringements in violation of relevant national laws and regulations.

1. How to appeal for infringement of intellectual property rights.

1) Complaint Withdrawal Letter:

The respondent may contact the complainant to negotiate a banquet and explain the purchase channels to the complainant. 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 Certificate:

If the respondent's goods are searched or purchased through regular 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 Credentials:

If the respondent has the authorization of the brand, the authorization certificate can be provided, such as a distribution agreement, a brand authorization agreement, etc.

1) Patent Warrant:

If the respondent has the exclusive right to the goods sold, he can provide a patent certificate for appeal;

2) Proof of purchase from the complainant:

If the goods sold are purchased from the complainant, i.e., the patentee, the purchase certificate can be provided for appeal. However, only verifiable proof of purchase such as invoices is valid, and receipts and purchase receipts are invalid;

3) Proof that the complainant's patent right is problematic.

2. How to avoid infringement of intellectual property rights.

1. Improve the competitiveness of enterprises through technological innovation Chinese enterprises generally have the problem of insufficient talents, technology and capital conditions, therefore, enterprises should improve the competitiveness of enterprises through technological innovation on the basis of their own actual conditions and traditional industries, and can also transform into science and technology enterprises through industrial upgrading. In particular, small and medium-sized enterprises, as long as they see the opportunity, are easy to transform into technology-based enterprises.

2. Intellectual property protection measures are closely connected with enterprise operation and managementEnterprises should make comprehensive plans for the protection measures of patent rights, copyrights, trademark rights, etc., for the products that have been developed or are about to be developed, and reflect them in all aspects such as registration, operation, contracts, labor contracts, etc., and closely connect with the operation and management of enterprises.

3. Establish and improve the early warning mechanism of enterprise intellectual property rightsTaking patents as an example, the patent early warning mechanism mainly includes three parts, namely, the information and intelligence collection mechanism, the analysis and processing mechanism and the alarm mechanism.

Handling of general infringement of intellectual property rights: Generally, the parties shall negotiate and deal with the infringement through proper negotiation. If a dispute arises and it is impossible to negotiate, an application may be made to an administrative organ for handling, or a lawsuit may be filed directly with the court, and where the conduct of the parties is suspected of a criminal offense, corresponding criminal punishment shall be given.

Legal basis Article 123 of the Civil Code of the People's Republic of China provides that civil subjects enjoy intellectual property rights in accordance with law. Intellectual property rights are exclusive rights enjoyed by the right holder in accordance with the law in respect of the following subject matter: (1) works; (2) Inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) Commercial secrets; (6) Layout design of integrated circuits; (7) new varieties of plants; (8) Other subject matter provided for by law.

The relevant answers to the questions have been given, and readers are invited to refer to them according to their remorse. ”

According to the provisions of China's relevant laws, those who infringe on intellectual property rights in our country must bear the responsibility for infringement, such as compensating for losses and eliminating the impact, and if the circumstances are serious, they must also bear criminal responsibility. Article 213 of the Criminal Law stipulates that anyone who, without the permission of the owner of the registered trademark, uses a trademark identical to the registered trademark on the same kind of goods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and/or a fine; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine.

Article 214 of the Criminal Law stipulates that anyone who sells goods that he knows to be counterfeit registered trademarks, and the amount of sales is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount of sales is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Article 215 of the Criminal Law provides:

Where the circumstances are serious, the offender shall be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine. Article 216 of the Criminal Law stipulates that whoever counterfeits the patent of another person and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine.

Article 217 of the Criminal Law stipulates that whoever commits any of the following copyright infringement situations for the purpose of making profits, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; Where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years imprisonment is to be given, and a concurrent fine is to be given: (1) Reproducing and distributing their written works, films, television, video works, computer software, and other works without the permission of the copyright owner; (2) Publishing books in which others enjoy exclusive publishing rights; (3) Reproducing and distributing audio or video recordings produced by them without the permission of the producers of audio or video recordings; (4) Producing or counterfeiting works of art signed by others. Where the intellectual property rights of others are intentionally infringed, and the circumstances are severe, the infringed party has the right to request corresponding punitive damages.