Intellectual property rights refer to "the property rights enjoyed by rights holders over the results of their intellectual work" and are generally only valid for a limited period of time. Various inventions, literary and artistic works, as well as logos, names, images and designs used in commerce can be considered intellectual property rights owned by a certain person or organization.
Nowadays, there are more and more infringements of intellectual property rights such as patent rights, copyrights, and trademark rights.
Invention patents, trademarks, and industrial designs constitute industrial property rights. Industrial property rights include patents, trademarks, service marks, manufacturer names, names of origin, suppression of unfair competition, new plant variety rights and exclusive rights to integrated circuit layout designs, etc.
First, determine whether it has been infringed.
Compared with other civil infringement cases, the biggest difference between intellectual property cases is that intellectual property infringement cases are very professional. Intellectual property cases, especially patent cases, need to combine the technology used in the products accused of infringement with the The technology of the authorized patent document is compared to determine whether the behavior performed by the defendant is infringing.
Infringement comparison is the key to determine whether both defendants bear infringement liability. Therefore, professional patent technology comparison is particularly important in the entire litigation, and the result of infringement often depends on the comparison. a reasonable application of a certain principle.
Secondly, enterprises should rationally deploy intellectual property rights
This reasonable layout includes: understanding the intellectual property status of major competitors, taking corresponding avoidance in product design and production, and developing independent intellectual property rights. The new products developed are subject to all-round and multi-angle application for patent protection, etc.
Use legal weapons to protect rights and interests
When enterprises encounter infringement of independent intellectual property rights, taking up legal weapons to reasonably protect their rights and interests is the most direct and effective measure.
First of all, ask professionals to conduct a simple comparison between the suspected infringing product and the technical solution of the authorized patent to determine whether the suspected infringing product falls within the protection scope of the patent; secondly, the infringing subject needs to be identified and carried out Investigation and evidence collection work, that is, purchasing infringing products from sellers of infringing products as an ordinary consumer and notarizing the purchase process.