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What to do if you receive a notice of intellectual property infringement
After receiving a notice of an intellectual property infringement complaint, you can contact the owner of the intellectual property and ask why your behavior constitutes infringement and what evidence is available. If your behavior does constitute infringement, you can negotiate with the intellectual property owner to resolve the issue. According to regulations, if a patent is exploited without the permission of the patentee, the patent rights are infringed upon, and any disputes caused shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court. You can also request the department that manages patent work to handle it. Article 60 of the "Trademark Law" involves any of the acts that infringe upon the exclusive right to use a registered trademark as listed in Article 57 of this Law. If a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested parties shall A person may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter. When the administrative department for industry and commerce determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks. If the illegal business turnover exceeds 50,000 yuan, it may be punished. A fine of not more than five times the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If a person sells goods that are not known to infringe the exclusive rights of a registered trademark and can prove that he obtained the goods legally and explained the supplier, the industrial and commercial administration department will order him to stop selling them. For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China and the State. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or do not perform the mediation letter after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
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