Judging from the appearance of XXXX series (see attached figure) products currently on the market, it has been verified that your company is producing and selling products copied from our company. Our company owns the patent right of this design, and applied for the patent number XXXXXXXX from the State Patent Office on X, X, X, and this design is protected by the State Patent Law.
In view of the fact that your company's serious infringement has caused serious damage to our company's normal business, we hereby give you a solemn warning and representations, and should immediately stop all acts of infringing our company's intellectual property rights, and demand that the advertising, plagiarism and sales of this product be stopped immediately. Otherwise, we will keep the media advertisements released by the infringer, buy relevant products as evidence preservation, file appraisal complaints with the Intellectual Property Office in due course, and apply to the intellectual property department or relevant legal administrative departments for rights protection, and all legal consequences arising therefrom will be borne by the infringer.
Our company is the patent applicant for this product (see attached figure), and independently developed and designed a new product, and authorized relevant companies to put it into production. This product has many innovations in appearance and structure, such as and so on. The products sold by the infringer are exactly the same as ours, and the other is to make some minor changes, for example, but the main part is the main innovation part to be protected by copying and counterfeiting our patents, such as and so on. In order to prevent others from copying and protect our own intellectual property rights, before the products were put on the market, our company applied for a design patent from People's Republic of China (PRC) and China National Intellectual Property Administration, and China National Intellectual Property Administration approved our patent application and obtained a formal patent certificate on.
According to the first paragraph of Article 11 of the Patent Law of People's Republic of China (PRC), after the design patent right is granted, "any unit or individual shall not exploit its patent without the permission of the patentee, that is, it shall not manufacture, use, promise to sell, sell or import its patented product for the purpose of production and operation, and shall not use its patented method. Anyone who violates this provision is an infringement and will be sentenced to "stop the infringement, compensate for the losses and eliminate the influence".
Among them, the amount of compensation for losses is based on Article 60 of the Patent Law: "The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the obligee or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the infringer or the benefit obtained by the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. " Many unscrupulous manufacturers boldly violate the law because of the temptation of high profits. However, according to Article 60 of the Patent Law, it is obvious that high profit means high compensation.
According to the Anti-Unfair Competition Law of People's Republic of China (PRC), the act of impersonating our company and advertising sales in the media has constituted unfair competition. For the above-mentioned behavior of the infringer, we can apply to the intellectual property department or the relevant legal administrative department for rights protection, and all the legal consequences arising therefrom shall be borne by the infringer. We demand that the infringer immediately stop advertising, plagiarism and sales. Otherwise, we will keep the media advertisements released by the infringer, buy relevant products as evidence preservation, file appraisal complaints with the intellectual property agency in time, and apply to the intellectual property department or relevant legal administrative departments for rights protection, and all legal consequences arising therefrom will be borne by the infringer.
hereby
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