Rights Protection of Intelligent Property and Against Counterfeit
Intelligent property infringement has caused trouble to various industries for long time. The rapidly developed e-commerce in recent years has become a platform for counterfeit products. Enterprises tend to protect their rights and fight against counterfeits by law enforcement, in order to safeguard their market shares and develop their brands. Conpak clearly understand the system of intelligent property and legal system in the PRC, which may help enterprises in the Mainland and Hong Kong and overseas enterprises to safeguard legitimate interests.
Types of Infringement
- Trademark infringement
- Patent infringement
- Copyright infringement
- Infringement of confidential business information
Methods of Rights Protection
If the person who possesses the rights identified any act of infringement, he may settle with the infringer requiring the infringer to stop infringement or file a civil claim for compensation. Settlement is a quick method to resolve the disputes.
If the person who possesses the rights identified any act of infringement of trademark, patent and copyright, he may file the complaint to the relevant governmental authority for legally investigation. Administrative investigation is an easy method for placing a case on file and the cost is low. However, it does not have any jurisdiction.
If the person who possesses the rights identified any act of infringement, he may bring the civil action to the court having jurisdiction to claim for compensation. The judicial decision involves complicated procedures, which is more suitable for handling onerous intelligent property infringement such as infringement of confidential business information and patented technolog
Characteristics of Rights Protection
- Rights protection of intelligent property and against counterfeits is a professional and complicated topic, which may involve legal issues and need to engage professional authorities for handling during the course of rights protection.
- The person who possesses the rights may use diversified rights protection methods based on their pros and cons to maximize the protection.
- Long-term and effective mechanism for protecting intelligent property is a combination of “protection” and “governance”. Enterprises, other than rights protection afterwards, shall protect the intelligent property (e.g. trademark registration, patent application and copyright registration) by establishing a protection system of confidential business information.
Procedures of Rights Protection
- Devising the rights protection plan
- Preliminary investigation
- Drafting documents of complaint (action)
- Verification/court examination
- Administrative investigation/court hearing
- Filing of complaint/action
- Administrative penalty/decision
Our Services Include:
- Establishment of Mechanism of Intelligent Property Protection
- Consultation of Rights Protection of Intelligent Property and Against Counterfeits
- Market Research and Evidence Collection
- Proceeding for Infringement or Settlement
- Agency of Legal Functions