After receiving the notice from the court, don't panic. You need to be clear about the following points: First, you need to find out whether it is really infringement. This is the most important thing to answer the lawsuit. First, it is necessary to find out whether the other party really has exclusive rights. Sometimes, because the annual fee is not paid on time, or the other party's patent has some problems and does not meet the requirements of patent application, the exclusive right of the other party is not protected by law. These all need to be reviewed. Secondly, we should compare our products with patents and pay special attention to the technical characteristics in patents. If our products do not meet these characteristics, it can be used as a reason for non-infringement defense. Second, if there is real infringement, we should actively bear the tort liability. Generally speaking, it is necessary to stop the infringement, eliminate the influence and compensate for the losses. Third, it is suggested to entrust a professional lawyer to deal with the alleged infringement. After all, professional lawyers have a clearer grasp of the key points in the case. Its professional ability can improve its chances of winning the case.
Legal objectivity:
The amount of compensation for infringement of the exclusive right to use a trademark in Article 63 of the Trademark Law of People's Republic of China (PRC) shall be determined according to the actual losses suffered by the obligee due to the infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by referring to the multiple of the trademark license fee. For malicious infringement of the exclusive right to use a trademark, if the circumstances are serious, the amount of compensation may be determined in accordance with the amount determined by the above method. The amount of compensation shall include the reasonable expenses paid by the obligee to stop the infringement. In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.