How to protect your rights if your design is plagiarized by a big brand

How can I defend my rights if my design is plagiarized by a big brand? When an intellectual property rights is infringed, the infringed party has the right to request the infringer to immediately stop the infringement. If the situation is serious, the infringed party has the right to file a lawsuit in court and request punitive damages to compensate for the losses caused by its infringement. Below, the editor of Legal Savior Network will introduce relevant knowledge to you.

1. How to protect your rights if your design is plagiarized by a big name

When intellectual property rights are plagiarized In the case of infringement, the infringed party has the right to request the infringer to immediately stop the infringement. If the situation is serious, the infringer has the right to file a lawsuit in court and request punitive damages to compensate for the losses caused by his infringement.

Article 1185 of the Civil Code: If the intellectual property rights of others are intentionally infringed, and the circumstances are serious, the infringed party has the right to request corresponding punitive measures. compensation.

Article 1195: If a network user uses network services to commit infringing acts, the rights holder has the right to notify the network service provider to delete, block, Disconnect the link and other necessary measures. The notification shall include preliminary evidence of infringement and the true identity information of the right holder.

After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures based on the preliminary evidence of infringement and the type of service; If necessary measures are not taken in a timely manner, the network user shall be jointly and severally liable for the expanded damage.

2. What are the behaviors that constitute trademark infringement

(1) Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

(2) Without the permission of the trademark registrant, using a trademark that is similar to the registered trademark on the same product, or using a trademark that is the same or similar to the registered trademark on similar products, may easily lead to confusion. ;

(3) Selling goods that infringe the exclusive rights of registered trademarks;

( 4) Counterfeiting or unauthorized production of other people’s registered trademarks or trademarksSelling counterfeit or unauthorized registered trademarks;

(5) Without the consent of the trademark registrant, replacing the registered trademark and replacing the goods with the replaced trademark Put into the market;

(6) Intentionally providing facilities for infringement of other people's trademark exclusive rights and helping others to carry out infringement of trademark exclusive rights;

(7) Causing other damage to the exclusive right to use registered trademarks of others.

3. How to defend your rights and complain if an original brand is plagiarized

1. The brand must first retain evidence of the other party’s infringement. This step can be done by recording the screen and purchasing the other party’s products.

2. The brand owner needs to confirm whether the other party's infringement type is appearance patent infringement or copyright infringement, so that it can better lodge a complaint.

3. If the brand owner has obtained an intellectual property protection certificate, including a patent certificate, copyright certificate, trademark certificate, etc., it can conduct intellectual property registration on the e-commerce platform. For property rights protection complaints, you need to upload the rights certificate information before making the complaint. The platform can only accept the complaint after it is reviewed and approved. If the complaint is established, points will be deducted from the infringing store and the infringing link will be deleted.

4. If the brand does not have an intellectual property certificate or the application has not been completed, the complaint at this time will be more troublesome. You may need to seek help from a lawyer and go through Offline courts carry out prosecutions and rights protection.

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