After patent infringement, there are generally three solutions. However, no matter which way you choose, the first thing to do is to collect evidence of patent infringement. Only by doing this step well can the following measures take the initiative, otherwise, the following work cannot be carried out.
1. settlement through negotiation: the patentee and the alleged infringer can reach a settlement agreement through self-negotiation or mediation by other third parties to resolve the dispute. Generally, a warning letter of infringement can be sent to the infringer when the intention to negotiate is put forward. This is not stipulated in China's patent law, but it is often used in real life and often plays a very good role. The writing of infringement warning letter can be tough or gentle according to different situations. Generally, the following contents should be stated: (1) the patent number of the patentee and the main rights of the patent; (2) Where the product or method of the other party infringes the patent right and wishes to stop or prohibit the manufacture, sale and use of the other party; (3) When do you expect the other party to give an answer? (4) If the other party does not reply, what measures can the patentee take?
2. Administrative adjudication or coordination When the facts and evidence of the infringer's infringement are fully conclusive, the patentee may report to the Patent Office and other relevant administrative departments, and after investigating and verifying the infringer's infringement, take administrative measures to impose administrative penalties. In the process of administrative adjudication, the relevant patent administrative departments may mediate the civil liability for patent infringement according to the application of the relevant parties.
3. Bring a lawsuit to the court: After the patentee finds that the infringer has infringed his patent right, he can also bring a civil lawsuit to the relevant people's courts such as the place where the infringement occurred and the place where the defendant is located, demanding to stop the infringement and compensate the economic losses. At the same time, it has the right to apply for litigation preservation of the infringer's infringement facts and evidence, and apply for a court injunction to prohibit the infringer from continuing to infringe. In order to ensure the effective implementation of economic compensation, the patentee may apply to the accepting court for litigation to preserve the property of the infringer with the same amount while suing.
Legal basis:
Article 67 of the Trademark Law of People's Republic of China (PRC) * * * If a trademark identical to its registered trademark is used on the same commodity without the permission of the trademark registrant, which constitutes a crime, criminal responsibility shall be investigated in accordance with the law in addition to compensating the infringed party for the losses.
Whoever, without authorization, forges or manufactures another person's registered trademark logo or sells a forged or manufactured registered trademark logo, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law, in addition to compensating the losses of the infringed party.
Whoever knowingly sells goods with counterfeit registered trademarks, which constitutes a crime, shall be investigated for criminal responsibility according to law, in addition to compensating the losses of the infringed.