How to keep your products from being imitated and infringed

Copyright may take measures to prevent infringement and register and file on third-party platforms such as selected industry associations, especially the selection of various grassroots copyright resources, including but not limited to digital fingerprint technology, digital watermarking technology, anti-piracy technology, public copyright certification centers that integrate trusted timestamp technology, notary mailboxes and other trusted third-party group technologies for evidence storage, and conduct digital work evidence preservation time certification and multi-dimensional intelligent authentication, whose scientificity can be independently verified and verified.

In the case of copyright disputes, it is necessary to provide preliminary evidence, and if necessary, to improve the effectiveness of legal evidence, which has been prevalent in developed countries in Europe for many years, and complements the official manual registration and prevention of infringement.

You can register a trademark to distinguish it from others, and if you register a trademark, others also use the same or similar trademarks or logos, and you can protect your legitimate rights and interests through the law.

Amway's products are very good and famous, but it has never been afraid of being copied and imitated by others, that is because their business model makes it impossible for people to imitate, so if a product is good, his business model must also be good to effectively prevent others from following suit.

Trademarks aren't necessarily useful either, and counterfeits aren't everywhere.

1. For production-oriented enterprises: understand the appearance, technology, or brand of the products they produce have been registered intellectual property rights; Actively register intellectual property rights for the products developed by the company.

2. For the best merchants: be cautious in purchasing, understand the qualifications of the supplier, ensure that the source of goods is legal and formal, and understand from the supplier whether it has the right to produce and sell the product; Standardize transaction procedures and keep transaction vouchers.

Before going to listig, your own ** must be purely original, do not use other people's**, and have their own characteristics in terms of text description and title, can not blindly follow, when setting the name of the store, also pay attention to whether their store name collides with other registered trademarks, do not think about rubbing the edge, do not use ** processing tools to cover up all or the burning part.

logo, don't use brand variants, and don't post suspected products that imitate the representative patterns, shading or styles of well-known brands, because that's just making wedding dresses for others!

Fourth, what are the ways to determine product infringement?

3.If a product is sold by only one company and is almost monopolized, it may be infringing;

The cstomeseach in the report are all someone else's.

ASIN, which may also be infringing;

5.Some products are relatively well-known, and they should also be judged from their appearance;

6.Starting from Alibaba and other domestic wholesalers, some products will be titled "imported by a famous foreign brand", which is obviously a big foreign brand, think twice;

7.In terms of manufacturers, you can consult whether the manufacturer has a patent, but having a patent in China does not mean that it will work abroad;

If your product is infringed and complained, you should actively deal with it: if there is indeed infringement, then delete the complained product, and don't forget to delete similar products at the front desk to avoid being complained again; If you believe that the product is not infringing, please actively file a counter-notice; Alternatively, you can actively contact the complainant, explain the situation, and strive for the complainant to withdraw the complaint (article ** on the Internet forum).

Legal analysis: If the imitation of someone else's product meets the following conditions, it is considered infringement: the subject matter of infringement shall be within the scope of protection of the Copyright Law.

1. Why is copyright automatically protected?

According to the relevant provisions of the Copyright Law of the People's Republic of China, as long as the work of a Chinese citizen or a legal person in China is obtained, regardless of whether it has been officially published or not, it will enjoy the copyright of the work in accordance with the provisions of the Copyright Law. When the author has completed his work, he must carefully preserve the evidence that he or she is the author of the work. Otherwise, even with the principle of automatic protection, it would be difficult to protect the rights of authors.

2. How can advertising slogans protect copyright?

The way to protect the copyright of advertising slogans is to bear civil liability such as stopping the infringement, eliminating the impact, apologizing, and compensating for losses if the copyright of advertising slogans is infringed. The administrative department of copyright may confiscate illegal gains and impose fines according to the specific circumstances of the infringement, and if the circumstances of copyright infringement are serious, they will be investigated for criminal responsibility, and the act of plagiarizing other people's articles constitutes copyright infringement.

where a crime is constituted, a sentence of up to three years imprisonment and/or a fine is to be given.

3. Do you need copyright for computer italics?

Copyright is not required for computer italics.

Most fonts are copyrighted, and the font royalty operating system in the computer is already included. Some fonts have a copyright protection period, after which they can be used freely. However, font use is best used for your own computer, not for profit and business, such as ** web pages.

There are two ways to acquire copyright, automatic acquisition and registration acquisition. In China, according to the regulations, the copyright is automatically owned when a work is completed. The so-called completion is relatively speaking, as long as the object of creation has met the statutory conditions for the composition of the work, it can be protected as a work under the copyright law.

About copyright registration. In China, copyright arises from the date of completion of the creation of a work, and copyright registration is not a prerequisite for obtaining copyright, but the certificate of copyright registration is a preliminary proof of the registration matter, which can be used as a supporting document for the administrative handling or litigation of rights disputes or claims. computer software, which can be registered by the China Copyright Protection Center; Other works of originality:

Text, art, photography, film, **, architectural works and engineering design drawings, etc., can be registered by the provincial copyright registration department.

Legal basis: Article 52 of the Copyright Law.

1) Publishing a work without the permission of the copyright owner;

2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;

3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;

4) Distorting or tampering with the works of others;

5) Plagiarizing the works of others;

6) Without the permission of the copyright owner, the work is used by means of exhibiting sources or filming audiovisual works, or using the work by means such as adaptation, translation, or annotation, except as otherwise provided by this Law.

Summary. The significance of patents is to exchange the disclosure of mastered technology for a certain period of time and space for relative monopoly.

The significance of patents is to exchange the disclosure of mastered technology for a certain period of time and space for relative monopoly.

Hello, the lawyer is at your service, please wait.

If you want to apply for a patent, the technology will be disclosed, and anyone can make the same product as you own by using the method you disclosed. However, although the other party can do it, the other party does not have the right to produce, use, sell, or promise to sell potatoes (advertise, participate in exhibitions, etc.). As long as the relevant goods produced, used, sold, or offered to be sold by the other party fall within the scope of the claims of your patent, then the other party constitutes infringement.

You can ask the other party to stop the infringement and compensate for the damage through administrative or judicial procedures.

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I researched a product, what to do next.

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Hello, can you describe your problem and appeal in detail?

Are you looking for a patent?

How to protect the products I developed.

Patent protection can be applied.

Can you help.

We are legal advice and do not help with patent applications.

How to apply for a patent.

It belongs to the management of that department.

State Intellectual Property Office.

Or a local patent office.

Is there one in the county? Each region is different.

We are unable to check if there is a relevant department in your area.

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Imitation patent is infringement, and patent right is the exclusive right granted by the national patent authority to the patentee to the invention for a certain period of time. After the patent is granted, no one else may produce and sell the patented product without the permission of the patentee. Article 11 of the Patent Law stipulates that after a patent right for invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, use, offer to sell, sell or import its patented products, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process for the purpose of production and business.

After the design patent is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer to sell, sell, or import its patented design products for production and business purposes.

Article 52 of the Copyright Law Whoever commits any of the following infringements shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses: (1) Publishing his work without the permission of the copyright owner; 2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone; (3) did not participate in the creation, in order to seek personal fame and fortune, signed on the works of others; 4) Distorting or tampering with the works of others; 5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the work is used by means of exhibiting or filming audiovisual works, or the work is used by methods such as adaptation, translation, or annotation, except as otherwise provided by this Law.

There is no plagiarism in patents. Only infringement. Patent infringement refers to the unauthorized use of patented technology.

The criterion for judging is whether the technology covered by the claims of the other party's patent is used. Note that it is the content of the claims, and if the claims are not required, it is not an infringement of the Brigade. In your case, it depends on the scope of protection of patent A and the scope of protection of patent B, B can apply for more functions than A as the scope of protection of B.

However, if the entire content of B uses the technology within the scope of protection of A, then it is an infringement of A. In this case, there may be mutual infringement (for example, if A wants to use a new feature, it may infringe B). Therefore, many large companies will have patent cross-licensing agreements between them.

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 compensation to the victim.

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 obstacles, or eliminating dangers.

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

Legal Analysis: Whether imitation of another person's product is infringing depends on the specific degree of imitation, if the degree of imitation reaches the level of misunderstanding caused by others, it constitutes infringement, or the product has applied for a patent.

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 infringes upon 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.