Intellectual property appeal, how to appeal intellectual property rights

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 more Close.

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 it was complained of being closed.

If the same user is found guilty of three serious infringement complaints about the same intellectual property rights, it will be closed directly.

Hello, if you believe that your product is not infringing, but the product has been deleted due to intellectual property infringement, you can appeal within three working days after receiving the infringement notice, and the appeal path is: Seller Center - Report Management - Received Intellectual Property Infringement Complaint.

1. Issue a warning letter.

2. Negotiate with the goal of 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, before filing a lawsuit with the court or sending a warning letter to the other party, it should take the initiative to fully prepare evidence of infringement and evidence of its own losses or benefits obtained by the other party, so as to prepare for the court proceedings in the future and occupy an advantageous position.

3. Promote peace through litigation.

Sometimes, 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 the 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. 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. 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 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. 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 asking the right holder to stop using the right holder's intellectual property rights, but using 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.

Legal basis: Criminal Law of the People's Republic of China

Article 214 Whoever sells goods that he knows to be counterfeit registered trademarks, and the amount of the 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.

3) The crime of illegally manufacturing or selling illegally manufactured registered trademark logos.

Article 215 Where the circumstances are serious, whoever forges or manufactures the logo of another person's registered trademark or sells the logo of a registered trademark of another person without authorization, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or shall be fined a fine of mountain gold; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Article 216 Where the circumstances are serious, a person who counterfeits the patent of another person shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine.

Safeguard rights and interests through the law.

In terms of intellectual property rights protection, we generally take the following steps: first, ask professionals to conduct a simple comparison between the suspected infringing product and the technical solution of the authorized patent to determine whether the suspected infringing product falls within the scope of protection of the patent; Secondly, it is necessary to identify the infringing entity and conduct investigation and evidence collection, that is, to purchase the infringing product from the seller of the infringing product as an ordinary consumer and notarize the purchase process.

Rational layout of intellectual property rights.

Reasonable layout of intellectual property rights is an effective way to solve the problem of intellectual property infringement faced by enterprises in the process of development.

This reasonable layout includes: understanding the intellectual property status of major competitors, making corresponding avoidances in product design and production, and applying for patent protection in an all-round and multi-angle manner for self-developed new products.

If the protection of intellectual property makes intellectual property seem like a solid "legal shield", then when it plays a role in promoting intellectual property, intellectual property looks like a sharp "industrial spear".

Only by playing the offensive role of the spear in commercial competition can the protective role of the shield be stronger. We can simply calculate an account, allowing the existence of infringement is equivalent to giving up market share, and the promotion and leakage of similar products of an enterprise is equivalent to losing half of the country if admitting the existence of a competitor with considerable strength and bad luck, let alone the existence of competitive products on a large scale; Intellectual property litigation can also bring considerable profits to businesses when handled properly.

This is also one of the main evidence collection methods adopted in the field of intellectual property infringement, which not only complies with the provisions of the law, but also has a relatively high degree of recognition in courts at all levels. After the preliminary preparations are completed, you can file a lawsuit with a court of competent jurisdiction.

1. The benefits of applying for patents.

1. Seize the market. First of all, patents are not only used to improve the efficiency of enterprises, but also the driving force for the sustainable development of enterprises, so patents have become an important force for enterprises to become bigger and stronger, and also an important means to participate in market competition, so the more patents in the hands of manufacturers, the more they can take the lead in the market.

2. Prevent plagiarism or imitation. Secondly, a patent is a part of intellectual property rights, which is an intangible property with the characteristics of exclusivity, regionality, temporality, etc., among which, exclusivity refers to the infringement of infringement if a company or individual uses it to achieve profit purposes without the permission of the patentee during the validity period of the patent, which can effectively protect the legitimate interests of the patentee. Therefore, the exclusivity of patents plays a major role in preventing opponents from copying their own products.

3. Prevent patent litigation disputes. In recent years, overseas companies have frequently encountered litigation disputes over patents and other intellectual property rights, and the reason for this is that the failure to apply for international patents in a timely and early manner is a major problem. Therefore, enterprises must raise their awareness of intellectual property protection, both at home and abroad.

Intellectual property claims are not reviewed by the complainant. Rather, it is the intellectual property rights department or platform that receives the complaint for review. To appeal for rough demolition of intellectual property rights, the following materials shall be submitted to the platform or intellectual property department that received the complaint for appeal:

Prove that you are using the trademark less similar to the complainant's registered trademark or used it earlier. Prove that the products you sell are not similar to the complainant's patent rights or that they were used earlier, etc.

Article 84 of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China The following acts are acts of counterfeiting patents as provided for in Article 63 of the Patent Law: (1) marking the patent mark on the product or its packaging for which the patent right has not been granted, continuing to mark the patent mark on the product or its packaging after the patent right has been declared invalid or terminated, or marking the patent number of another person on the product or product packaging without permission; (2) Selling the products referred to in subparagraph (1); (3) Referring to a technology or design for which no patent has been granted a patented technology or patented design in the product specification or other materials, calling a patent application a patent, or using another person's patent number without permission, causing the public to mistakenly believe that the technology or design involved is a patented technology or patented design; (4) forging or altering patent certificates, patent documents or patent application documents; (5) Other acts that confuse the public and mistake a technology or design for which a patent has not been granted a patent as a patented technology or design.