What should I do if I get the goods through formal channels and am complained by intellectual property rights?

Hello! Lawyer Ma XX will answer your questions:

This involves the infringement of intellectual property rights, which can be divided into bona fide infringement and malicious infringement.

1. If you take the goods in the formal channels as you said, if you have no intention of malicious infringement, then it should be considered as bona fide infringement. As a system that can restrict patent rights and human rights, bona fide infringement of intellectual property rights generally refers to the behavior of the actor who infringes on other people's intellectual property rights without knowing it.

2. Before the amendment of the Patent Law in 2008, this kind of behavior was not an infringement, but it was an infringement after the amendment. The infringed person may demand to stop the infringing act and destroy the infringing articles, but he cannot demand compensation.

3. Measures that can be taken now: Collect evidence (purchase contract, invoice, etc. ) Prove that you bought it in a formal channel that you think is legal and have no intention of infringement, actively communicate with the obligee to get an understanding, and communicate with the seller to ask them to actively negotiate and solve the problem to avoid the deterioration of the situation.

If you have any legal questions, please consult Ma Cheng, a well-known lawyer team in Shenzhen, and we will provide you with legal services wholeheartedly.