Intellectual Property Rights Protection
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Intellectual Property Rights Protection:

Intellectual property protection generally refers to the ownership of intellectual labor fruits produced by human intellectual labor. It is an exclusive right granted to the qualified author, inventor or owner of the result for a certain period of time in accordance with national laws, and is generally considered to include copyright (copyright) and industrial property rights. Copyright (copyright) is the general term for the personal and property rights enjoyed by the authors of literary, artistic and scientific works and other copyright owners in accordance with the law. Industrial property rights refer to the exclusive rights enjoyed by the right holders, including invention patents, utility model patents, design patents, trademarks, service marks, manufacturer names, source names or appellation of origin. Since the promulgation of the Notice on the Outline of the National Intellectual Property Strategy in 2008, China has successively promulgated laws and regulations such as the Trademark Law, the Patent Law, the Technology Contract Law, the Copyright Law and the Law against Unfair Competition. From the macro level, the state has provided a strong legal basis for the protection of intellectual property rights and interests of enterprises in the legal system, and pointed out the direction for enterprises in the formulation of intellectual property protection system and specific implementation methods, but there is still a lack of separate laws and regulations detailed documents on infringement cases. In order to protect enterprise trade secrets, it is suggested to formulate the Enterprise Trade Secrets Protection Law, the Intellectual Property Law and other documents, and formulate detailed regulations on the protection and infringement of trade secret documents between enterprises and between enterprises and between enterprises and employees.

At the opening ceremony of the first China International Import Expo on November 9, 2018, China announced that it will resolutely punish violations of the legitimate rights and interests of foreign investors, especially violations of intellectual property rights, improve the quality and efficiency of intellectual property examination, introduce a punitive compensation system, and significantly increase the cost of violations.


How can intellectual property rights be protected

Intellectual property, which refers to "the property rights of the right holder to the fruits of his intellectual activity," is generally valid only for a limited period of time. On April 24, 2017, the Supreme People's Court issued the Outline for the Judicial Protection of Intellectual Property Rights in China for the first time. In September 2018, the General Office of the Central Committee of the Communist Party of China and The General Office of the State Council issued important documents such as Opinions on Several Issues Concerning the Strengthening of Reform and Innovation in the Field of Intellectual Property Adjudication How to defend intellectual property infringement How to correctly defend intellectual property infringement cases Generally, enterprises can choose the following five ways to handle rights protection according to the severity of the infringement and consequences as well as the goal:

1, the warning letter for the infringement and consequences are not very serious, the media infringement enterprises are not too big, the right holder can remind the other party in the form of a warning letter, asking it to stop the infringement.

2. With compensation as the goal If the alleged infringement has caused great losses to the right holder, and the right holder plans to Sue the infringer with the goal of obtaining compensation, before filing a lawsuit with the court or sending a warning letter to the other party, he should take the initiative and fully prepare the evidence of infringement and the evidence of his own loss or the other party's gain, so as to prepare for the court proceedings in the future. Occupy a dominant position.

3, litigation to promote peace talks Sometimes the purpose of litigants to the court is not to get a judgment of the court, the city is to negotiate with the suspected infringer to make up for the loss caused by its infringement. The right holder should clarify his bottom line before the negotiation between the two parties, and at the same time, he should also investigate the bottom line of the other party as far as possible in order to better safeguard his legitimate rights and interests.

4, clear the market by litigation in many cases, it is difficult for the right holder to get full compensation from the lawsuit, but if no lawsuit is filed, the infringement will spread, and the market share of the right holder will be greatly affected, so the right holder has to file a lawsuit to regain the market share of the genuine product. For example, a luxury brand can tolerate poorly made counterfeit goods at the market for cabbage prices

Sell, but never accept high imitation products sold in the hotel and mall, because the former consumer group is not the target group of the right holder, and the latter is very likely to divert the target customers of the right holder. Therefore, even if the right holder cannot obtain full compensation from the case, he will take legal measures, even criminal measures, to safeguard his market share.

5, litigation to promote cooperation Sometimes, the right holder requires the suspected infringer to stop the infringement or file a lawsuit to the court, not really require it to stop using the right holder's intellectual property rights, but as a platform to promote the other party and the right holder peace talks or mediation, the two sides to enter the market to reach a cooperation intention.

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