In actual society, some of the products in shopping malls are beautifully packaged and unique, and have actually applied for corresponding intellectual property rights for protection. Our country’s laws stipulate that if there is suspected packaging design infringement, how to define it? Let’s take a look at the corresponding answers provided by the editor.
1. How to define packaging design infringement? Packaging infringement should include: 1. The packaging used infringes other people’s utility model patent rights (the packaging has a certain degree of creativity) or design patent rights; 2. The packaging used has a trademark that infringes upon the exclusive trademark rights of others. In addition, it is possible to deliberately imitate the unique packaging of other people's well-known products, which is suspected of unfair competition. Article 60 of the Patent Law of the People's Republic of China without the permission of the patentee shall infringe upon the patentee's patent rights and cause disputes to be settled through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee shall be The right holder or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
2. The legal concept of patent infringement Patent rights are the patentee’s exclusive right to use his inventions and creations. Patent infringement refers to the implementation of legally protected activities for the purpose of production and business without the permission of the patentee. Violations of valid patents. Types of infringement: 1. The act of manufacturing patented products without permission; 2. The act of intentionally using invention or utility model patented products; 3. The act of selling or promising to sell unlicensed patented products; 4. The use of patented methods and the use, The act of selling or offering to sell products directly obtained by using patented methods; 5. The act of importing patented products or importing products directly obtained by using patented methods. Our country's laws stipulate that packaging design infringement includes: the packaging used infringes on other people's utility model patent rights (the packaging has a certain degree of creativity) or design patent rights; the packaging used has a trademark and the trademark infringes on other people's rights. The specific provisions on exclusive rights to trademarks are as above. The answer to this question is as above,