How to deal with intellectual property infringement

1. Sending a warning letter is not very serious for infringement and consequences, and the enterprises suspected of infringement are not too big. The obligee can remind the other party by sending a warning letter and ask him to stop the infringement.

2. Taking compensation as the goal If the alleged infringement has caused great losses to the obligee, the obligee intends to sue the infringer with compensation as the goal. Before bringing a lawsuit to the court, he should actively and fully prepare the evidence of infringement and the evidence that he has suffered losses or the other party has gained benefits, so as to prepare for future court proceedings and occupy a favorable position.

3. Promoting Peace Talks through Litigation Sometimes, the obligee brings a lawsuit to the court to hold peace talks with the suspected infringer and make up for the losses caused by his infringement, not to get a judgment from the court. The obligee should know his own bottom line before the two sides negotiate, and at the same time, he should try his best to investigate the other side's bottom line in order to better safeguard his legitimate rights and interests.

4. It is difficult for the obligee to get full compensation from the lawsuit after many times of clearing the field through litigation, but if no lawsuit is filed, the infringement will spread and the obligee's market share will be greatly affected, so the obligee has to file a lawsuit to regain the genuine market share. For example, a luxury brand can tolerate fake goods with poor workmanship to be sold at cabbage prices in bazaars, but it will never accept high-quality imitations to be sold in hotels and shopping malls, because the consumer group of the former is not the target group of the obligee, while the latter is likely to divert the target customers of the obligee. Therefore, even if the obligee can't get full compensation from the case, he will take legal or even criminal measures to safeguard his market share.

5. Promoting cooperation through litigation Sometimes, the right holder asks the suspected infringer to stop the infringement or bring a lawsuit to the court, not really asking him to stop using the intellectual property rights of the right holder, but using it as a platform to urge the other party to negotiate or mediate with the right holder, and then the two sides reach an intention of cooperation.

Legal basis:

Article 49 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss; If the actual loss is difficult to calculate, it may be compensated according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.

Derivative problem:

What are the penalties for infringing intellectual property rights?

(a) the crime of counterfeiting a registered trademark.

According to Article 213 of the Criminal Law, anyone who uses the same trademark on the same commodity without the permission of the registered trademark owner, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

(2) the crime of selling goods with counterfeit registered trademarks.

According to Article 214 of the Criminal Law, whoever knowingly sells goods with counterfeit registered trademarks in a large amount shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

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

According to Article 215 of the Criminal Law, whoever forges or makes a registered trademark logo of another person without authorization or sells a forged or made registered trademark logo without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

(4) the crime of counterfeiting patents.

According to Article 216 of the Criminal Law, whoever imitates another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.