As the saying goes, know yourself and know yourself. Therefore, the exact name, address, enterprise nature, registered capital, number of personnel and business scope of the infringer are all things that the patentee should know first. It is very important for the patentee to know what strategies to take to deal with patent infringement.
2. Evidence of infringement facts
The premise of patent infringement is that there must be infringement. Therefore, in the process of dealing with infringement, it is very important to prove that the infringer has indeed carried out the act of infringing the patent right. These evidences include physical objects, photos, product catalogues, sales invoices, purchase and sale contracts, etc.
3. Evidence of damage
The patentee may claim damages from the infringer. The amount of compensation claimed may be the loss suffered by the patentee. However, the patentee shall provide evidence to prove that the sales volume of his patented product has decreased, or the sales price has decreased, and other expenses have been overpaid or underpaid.
Legal basis: Intellectual Property Law of the People's Republic of China
Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;
(six) the use of other people's works, not in accordance with the provisions of the payment;
(seven) live broadcast of their performances without the permission of the performers;
(eight) other acts of infringement of copyright and copyright-related rights and interests.
Article 46 Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:
(1) Plagiarism and plagiarism;
(2) reproducing and distributing his works for profit without the permission of the copyright owner;
(3) publishing books with exclusive publishing rights enjoyed by others;
(four) without the permission of the performer, recording and publishing his performance;
(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;
(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;
(seven) the production and sale of counterfeit works of art..