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Li Ghost" was taken off the shelves, and "Li Kui" was compensated.
—Our lawyers Zeng Di and Liu Bailing successfully handled a design patent infringement case.
A few days ago, Beijing Huicheng Law Firm received a judgment from the Beijing No. 1 Intermediate People's Court, our lawyer Zeng Di, Liu Bailing**'s Shanhai Glass Products **** v. Yang Qijun infringement of design patent dispute case, we won the lawsuit, and my client Shandong Shanhai Glass Products **** finally received 161,000 yuan in compensation. This is a relatively high amount of compensation in patent design infringement disputes.
It is understood that the center of the case is a measuring device that carries edible oil and vinegar. The vessel is a design "" applied for and authorized by the State Intellectual Property Office in April 2007, and the plaintiff Shanhai Glass Company obtained an exclusive license for the patent in October 2010, and subsequently filed for the record, with a license term until October 2015. The "measurable oil bottles" produced and sold by defendant Yang not only imitated the appearance design of the "liquid dispenser" in appearance, making it impossible for ordinary consumers to distinguish between them, but also in terms of quality, there was a big gap between them and the products produced by Shanhai Glass Company in selecting high-quality plastics.
For consumers, it is impossible to clearly distinguish the difference between the two products, and it is very likely to buy fake goods in the market, and because the inferior quality of the products containing edible oil and vinegar may damage health, the interests of consumers will be harmed by double harm.
In this rights protection, our lawyers also found a large number of infringing products sold on **, Alibaba, etc., and forced the other party to remove all the infringing products from the shelves by sending lawyer's letters and other means of rights protection, which further prevented the infringement of my client and also safeguarded the rights and interests of consumers.
The victory of this case is not only a good example of the simultaneous anti-counterfeiting of online and physical entities, but also gives us stronger confidence to work harder to protect the legitimate rights and interests of our parties!
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What kind of services do you need? I am an intellectual property lawyer in Jinan, Shandong Province.
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Intellectual property work is promising, and intellectual property will definitely be important in the future, but at present, the intellectual property majors offered by various universities are not very promising, and it is not easy to find a job.
The reason is that any industry has a future, even if it is building toilets and collecting garbage, there are a large number of rich people or doctors and masters engaged in scientific research, so intellectual property must have a future, but there are also many people engaged in the intellectual property industry who are very poor and belong to the low level, and like many industries, the bottom is the majority.
Knowledge and competencies should be acquired in the following areas:
1. Possess the basic theories and basic knowledge of various disciplines of intellectual property, as well as the basic theories and basic knowledge of various disciplines of general law;
2. Master the professional knowledge and professional skills of intellectual property, and have the analytical methods and techniques of law;
3. Understand the frontiers of IP development and the trends of IP development;
4. Familiar with China's intellectual property legal system and related policy system, as well as the general legal system and policies;
5. Ability to use intellectual property knowledge to solve and deal with intellectual property litigation and management issues;
6. Master the skills and methods of patent and trademark retrieval and data inquiry, and have the basic methods of general literature retrieval and data inquiry, and be able to solve the problems of literature retrieval and inquiry as soon as possible.
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There are more than 3,000 ** intellectual property companies in China.
In recent years, with the continuous enhancement of China's independent innovation ability and the continuous improvement of the public's awareness of intellectual property protection, the demand for patent services by innovative entities has shown a rapid upward trend. The implementation of the national intellectual property strategy and the optimization of the policy environment have also promoted the steady development of China's patent industry. Relevant data show that in 2008, the number of patent institutions in China was 704, and the number of qualified patentees and practicing patentees in the country was 9,513 and 5,742 respectively.
As of December 11 this year, the number of patent institutions that have passed the examination and approval in China has reached 1,001, and the number of qualified patent personnel and practicing patent personnel has reached 10,000 and 8,861 respectively, with a significant increase.
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It's good to wait until you make friends at school.
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At present, there are not many platforms for patent transfer, but the patents on different platforms are also different. As long as you see that there are suitable patents and the platform is regular, you can choose to transfer it on this platform.
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Are there any laws related to intellectual property rights? 1. In practice, intellectual property rights mainly include trademarks, patents, copyrights (copyrights), computer software copyrights, integrated circuit layout designs, trade secrets, etc. 2. China's intellectual property law mainly includes:
Basic legal systems such as the Trademark Law, the Patent Law, the Copyright Law, and the Anti-Unfair Competition Law, as well as the Regulations on the Protection of New Plant Varieties, the Regulations on the Protection of Integrated Circuit Layout Designs, and the Regulations on the Protection of Geographical Indication Products. Among them, the object of protection of the patent law is inventions and creations, including invention patents, utility model patents and design patents. The object of trademark law protection is trademarks, which are distinctive signs that identify a certain good, service or a specific person or enterprise related to it.
Copyright protects works of literature, art, natural sciences, social sciences, engineering and technology that are original. The Anti-Unfair Competition Law protects the legitimate rights and interests of business operators and consumers and prohibits acts of unfair competition. Legal basis:
Article 1 of the Anti-Unfair Competition Law of the People's Republic of China: This Law is enacted in order to promote the healthy development of the socialist market economy, encourage and protect fair competition, stop and rude acts of unfair competition, and protect the legitimate rights and interests of business operators and consumers. That's the relevant law about your problem.
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Provisions on the criteria for filing a case for the crime of counterfeiting patents:
1. The amount of counterfeiting other people's patents to engage in illegal business is more than 200,000 yuan, or the illegal profit is more than 100,000 yuan;
2. Causing the patentee to suffer direct economic losses of more than 500,000 yuan;
3. Counterfeiting more than 2 patents of others, illegally operating with an amount of more than 100,000 yuan or illegal profits of more than 50,000 yuan.
Legal basis:
Article 72 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2).
If a person counterfeits another person's patent and is suspected of any of the following circumstances, a case shall be filed for prosecution:
1) The amount of illegal business operations is 200,000 yuan or more, or the amount of unlawful gains is 100,000 yuan or more;
2) causing direct economic losses of more than RMB 500,000 to the patentee;
3) Counterfeiting two or more patents of others, illegally operating for an amount of 100,000 yuan or more, or illegally gaining 50,000 yuan or more;
4) Other situations where the circumstances are serious.
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1.The nature of the behavior is different. Tort.
It is a civil offense, while a criminal act is a criminal offense and is punishable.
2.The scope of the object of the act is different. The object of infringement by criminal acts is broader than that infringed upon by acts of infringement of rights, and includes not only the personal rights and property rights of the latter, but also some other social relations protected by China's laws.
3.Depending on the severity of the behavior, the degree of social harm caused is also different. The criminal act must be harmful to society, and this is the essential element for constituting a crime. However, the harm caused by infringement often only affects individuals or collectives, and is generally not strong enough to affect society.
4.The subjective elements of the perpetrator are different. Criminal conduct requires that the perpetrator's subjective malice reach a certain level, that is, there must be intent or negligence.
The subjective element of general tort is negligence. If it is intentional, the degree of harm needs to be considered, and if the harm reaches the level prescribed by the criminal law, it may be recognized as a criminal act.
5.The consequences of the behavior are different. In accordance with the special provisions of this Law or other laws, torts shall bear corresponding civil liability.
The forms of liability include compensation for damages, cessation of infringement, elimination of dangers, etc. Criminal acts are criminal liability for the corresponding penalties in accordance with the provisions of the criminal law.
The main forms of criminal responsibility are criminal punishments, including criminal detention, controlled release, and life imprisonment.
up to the death penalty.
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Knowing that intellectual property rights violations include general infringement of intellectual property rights and intellectual property crimes.
The crime of imitation of intellectual property rights includes four aspects, one must be the act of using the registered trademark of another person. Second, the use must be without the permission of the owner of the registered trademark and the reserve. 3. The trademark that is identical to the registered trademark of another person must be used on the goods of the approved variety.
Fourth, the act of counterfeiting the registered trademark of another person must be a serious act. The aggravating circumstance is the dividing line between a crime and an ordinary tort. The so-called serious circumstances include the amount of the crime and other circumstances with multiple consequences, and the harm has a large impact.
The standard of the Criminal Law is that the amount of illegal business operation is more than 50,000 yuan or the amount of illegal income is more than 30,000 yuan, which constitutes a criminal act. Other acts are general torts and require civil or administrative liability.
After applying for authorization, the patent can be traded.
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