How to report intellectual property infringement
Reports of intellectual property rights must be reported to the Patent Office. Relevant evidence materials must also be prepared.
1. Copyright infringement, trademark infringement, patent right Infringement and other infringement
2. Acceptance of complaints about intellectual property infringement Conditions
Proof of rights:
a. The complainant is the intellectual property owner himself, please provide the patent certificate and trademark registration certificate , copyright certificate, etc.
b. Non-intellectual property rights of the complaining party If you are the owner personally, please provide the patent certificate, trademark registration certificate, copyright certificate, and the intellectual property rights owner authorizing the complaining party to make a complaint.Certification documents (must be signed/stamped by the intellectual property owner)
Given that my country only implements a formal examination system for utility model and design patents, there is great uncertainty as to whether their rights are stable. In order to protect the legitimate rights and interests of intellectual property rights holders and ensure the normal operating order of the platform, for utility model or design patents applied for since January 1, 2010, when initiating a complaint, the " Patent Rights Evaluation Report".
3. Complaints about intellectual property infringement Inadmissibility
1. Unauthorized sales
The complaining party complained about the unauthorized distribution of its products by Taobao sellers (Reflecting the issue of Taobao sellers selling their products at prices lower than their own), it is not an illegal infringement according to the law, and our company has no right to deal with it.
2. Trademark acceptance
If the complaining party’s trademark is still being accepted, the exclusive right to the trademark has not been obtained , so the complaining party currently does not have the right to prohibit others from using the same or similar trademark as your trademark.
3. Fair use of trademarks
"Article 57 of the Trademark Law" Any of the following acts shall be considered an infringement Exclusive right to register a trademark:
(1) Without trademark The registrant’s permission is to use the same trademark as its Registered trademark on the same kind of goods;
(2) Using a trademark that is similar to its registered trademark on the same product without the permission of the trademark registrant, or using a trademark that is the same or similar to its registered trademark on similar products, which may easily lead to confusion
(3) Sales infringe the exclusive rights of registered trademarks goods;
(4) Counterfeiting and unauthorized manufacturing Registering a trademark logo by others or selling a counterfeit or unauthorized registered trademark logo;
(5) Changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market;
(6) Deliberately infringing on other people’s trademarksProviding facilities for trademark infringement and helping others to infringe upon trademark rights;
(7) Causing other damage to others’ exclusive rights to registered trademarks.
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