Product appearance patent infringement case

Legal analysis: 1. Negotiation and settlement: Both the patentee and the accused infringer can reach a settlement agreement through self-negotiation or other third-party mediation and mediation to resolve the dispute. Generally, a warning letter of infringement can be sent to the infringer when the negotiation intention is put forward, but the warning letter has a deterrent effect and is not legally binding.

2. Administrative investigation: The patentee can report to the Patent Office and other relevant administrative departments when he has the preliminary evidence, and they will take administrative measures to investigate and verify the infringer's infringement and determine whether it is infringement. In the process of administrative investigation, the relevant patent administrative departments may mediate the civil liability for patent infringement according to the application of the relevant parties.

3. Bring a lawsuit to the court: The patentee may also bring a civil lawsuit to the relevant people's courts such as the place where the infringement occurred and the place where the defendant is located, demanding that the infringement be stopped and economic losses be compensated.

Legal basis: Intellectual Property Law of the People's Republic of China

Article 27 Where a registered trademark violates the provisions of Article 8 of this Law, or is registered by deception or other improper means, the Trademark Office shall revoke the registered trademark; Other units or individuals may request the Trademark Review and Adjudication Board to make an order to cancel the registered trademark. Except in the circumstances specified in the preceding paragraph, if there is a dispute over a registered trademark, it may apply to the Trademark Review and Adjudication Board for a ruling within one year from the date when the trademark is approved for registration. After receiving the application for ruling, the Trademark Review and Adjudication Board shall notify the parties concerned and file a reply within a time limit.

Article 28 A trademark that has been ruled by objection before its registration is approved may not apply for a ruling on the same facts and reasons.

Article 29 After the Trademark Review and Adjudication Board makes a final ruling on maintaining or revoking a registered trademark, it shall notify the parties concerned in writing.