What are the rules for handling intellectual property infringement?

Intellectual property rights are protected by relevant laws. If you find that your intellectual property rights have been infringed by other companies or individuals, you can take up legal weapons to protect yourself and sue the other party for infringement. So what are the rules for handling intellectual property infringement? In this article, the editor of Legal Savior Network introduces to you the knowledge of handling intellectual property infringement.

What are the rules for handling intellectual property infringement

1. Issuing a warning letter is not very serious for infringements and consequences If the suspected infringing enterprise is not too large, the right holder can remind the other party by issuing a warning letter and require it to stop infringement.

2. Aiming for compensation if the infringement is suspected If the Rights holder is prepared to sue the infringer with the goal of obtaining compensation, it should proactively and fully prepare evidence of the infringement and the losses suffered or gains made by the other party before filing a lawsuit in court or sending a warning letter to the other party. Evidence of interests will prepare you for future court proceedings and occupy a dominant position.

3. Promoting peace talks through litigation. Rights holders sometimes file lawsuits in court not to obtain a judgment from the court, but to enter into peace talks with the alleged infringers and compensate for the losses caused by their infringements. Rights holders should clarify their own bottom line before negotiating between the two parties. At the same time, they should also try their best to investigate the other party's bottom line in order to better protect their own rights.Legitimate interests.

4. Litigation is used to clear the market in many cases. It is difficult to obtain full compensation from a lawsuit, but if no lawsuit is filed, the infringement will spread and the market share of the right holder will be greatly affected, so the right holder has to file a lawsuit to regain the market share of genuine products. For example, a luxury brand can tolerate fake products with poor workmanship being sold at bargain prices in markets, but it will never accept high-imitation products being sold in hotels and shopping malls, because the consumer group of the former is not the target group of the rights holder, while the consumer group of the latter It is very likely that the target customers of the rights holder will be diverted. Therefore, even if the right holder cannot obtain sufficient compensation from the case, he will take legal measures, even criminal measures, to maintain his market share.

5. Litigation is used to promote cooperation. Sometimes, rights holders Requiring the alleged infringer to stop infringement or file a lawsuit in court does not really require it to stop using the rights holder's intellectual property rights, but uses it as a platform to encourage the other party to negotiate or mediate with the rights holder, and then both parties reach an intention to cooperate.

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