By reporting to the Industrial and Commercial Bureau, the Patent Office and the Copyright Bureau (Cultural Law Enforcement Brigade), the infringing enterprise is required to stop the infringing act and be given administrative punishment.
(1) tip-off;
(2) A copy of the business license of the informant;
(3) Copy of trademark registration certificate, copy of patent certificate and copy of copyright registration certificate;
(4) Power of attorney;
(five) the certificate that the goods are counterfeit or infringing products;
(6) The detailed name, location, product name and outer packaging of the infringing enterprise, as well as the preliminary materials and clues to prove the infringement.
2. The Public Security Bureau investigated and dealt with:
Report the case to the public security organ and request criminal punishment for the responsible person of the infringer, so as to fundamentally prevent the recurrence of the infringement.
Economic investigation team
(1) trademark case
(2) Patent cases
(3) Copyright cases.
3. Customs investigation:
Involving customs filing and customs intellectual property protection. Specifically, what is the customs protection of intellectual property rights and what intellectual property rights are protected by the customs? Simply put, the customs protection of intellectual property rights is the border protection of intellectual property rights (border explanation:), which protects the intellectual property rights related to goods when they enter or leave the country, or more simply, the customs investigates and deals with imported and exported goods that infringe intellectual property rights. Then, can intellectual property rights such as trademarks, patents, copyrights, trade secrets and technical secrets be protected by the customs? No, only trademark rights, patents, copyrights and exclusive rights of Olympic symbols are protected by the customs.
4. People's courts.
Through litigation, request the people's court to order the infringer to stop the infringement and compensate for the losses. Generally, it is under the jurisdiction of intermediate people's courts, such as Haidian, Chaoyang and Fengtai in Beijing. The difficulty is to prove the amount of compensation, which generally requires 500 thousand legal compensation.
Legal basis: Regulations on the Implementation of Copyright Law of People's Republic of China (PRC).
Article 36 Where there is any infringement listed in Article 48 of the Copyright Law, and the public interests are harmed at the same time, and the illegal business amount is more than 50,000 yuan, the copyright administrative department may impose a fine of more than/kloc-0 and less than 5 times of the illegal business amount; If there is no illegal business amount or the illegal business amount is less than 50 thousand yuan, the copyright administrative department may impose a fine of less than 250 thousand yuan according to the seriousness of the case.
Article 37 Any infringement listed in Article 48 of the Copyright Law that harms the public interests shall be investigated and dealt with by the copyright administrative department of the local people's government.
The copyright administrative department of the State Council can investigate and deal with the infringement that has great influence in the whole country.