How to complain about intellectual property infringement?
How to correctly protect rights in intellectual property infringement cases Usually, enterprises can choose the following five ways to protect rights according to the severity, consequences and goals of the infringement:
1, send a warning letter.
If the infringement and consequences are not serious and the suspected infringing enterprise is not too big, the obligee may remind the other party in the form of a warning letter and ask it to stop the infringement.
2. Negotiate with compensation as the goal.
If the alleged infringement has caused great losses to the obligee, the obligee intends to sue the infringer for the purpose of obtaining compensation. Before bringing a lawsuit to the court, he should actively and fully prepare the evidence of infringement and the evidence that he has suffered losses or the other party has gained benefits, so as to prepare for future court proceedings and occupy a favorable position.
3. Promote peace through litigation.
Sometimes, the obligee brings a lawsuit to the court in order to negotiate with the infringement suspect and make up for the losses caused by his infringement, rather than to get a judgment from the court. The obligee should know his own bottom line before the two sides negotiate, and at the same time, he should try his best to investigate the other side's bottom line in order to better safeguard his legitimate rights and interests.
4. Clean up the market through litigation.
Many times it is difficult for the obligee to get full compensation from the lawsuit, but if no lawsuit is filed, the infringement will spread and the obligee's market share will be greatly affected, so the obligee has to file a lawsuit to regain the real market share. For example, a luxury brand can tolerate fake goods with poor workmanship to be sold at cabbage prices in bazaars, but it will never accept high-quality imitations to be sold in hotels and shopping malls, because the consumer group of the former is not the target group of the obligee, while the latter is likely to divert the target customers of the obligee. Therefore, even if the obligee can't get full compensation from the case, he will take legal or even criminal measures to safeguard his market share.
5. Promote cooperation through litigation.
Sometimes, the obligee asks the suspected infringer to stop the infringement or bring a lawsuit to the court, not really asking him to stop using the obligee's intellectual property, but using it as a platform to urge the other party to negotiate or mediate with the obligee, and then the two sides reach a cooperation intention.