1, further clarify the assets of illegal operators and reasonably determine the defendants.
Before fully defending rights, we should further understand the assets of all illegal operators, give priority to the manufacturers of infringing products with good assets as defendants, and choose whether to take property preservation measures according to specific circumstances. The above measures are aimed at ensuring the execution of judgments that will take effect in the future. For operators and "small workshop" producers with bad assets, the company can choose to send a lawyer's letter or a warning letter to negotiate the amount and method of compensation with the other party, which will be more conducive to the realization of your company's goals.
2. Improve the evidence of the compensation amount and reasonably determine the compensation basis.
According to Chinese laws, there are four main grounds for compensation: first, the infringer's illegal profit; The second is the loss of the obligee; The third is to refer to the license fee of the right holder; The fourth is fixed compensation. Your company should further look for relevant evidence that is conducive to claiming the amount of compensation, reasonably determine the basis of compensation, and strive for a larger amount of compensation.
3, according to the needs of the case and the realization of the purpose of litigation, choose whether to pursue the criminal responsibility of illegal operators.
Article 2 16 of the Criminal Law stipulates: "If the circumstances of counterfeiting another person's patent are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined."
According to the above provisions, in the process of rights protection, your company can take this provision as a means of rights protection and actively strive for the initiative to negotiate compensation plans with illegal operators, so as to better safeguard its own rights and interests or achieve the purpose of litigation.
I hope it helps you, and I wish you all the best ~!