The person in charge of the relevant department of the Provincial Intellectual Property Office stated that in order to resolve intellectual property disputes in the field of e-commerce, they may prefer to make complaints on their own self-built platforms; enterprises may wish to pay more attention to intellectual property insurance products in order to avoid intellectual property risks.
How do companies complain about counterfeit product infringement at the show?
Response: Four kinds of solution path can be freely chosen
The economy of Guangdong's exhibition and exhibition industry is developing rapidly. The protection of intellectual property rights in exhibitions can not be ignored. Enterprises often participate in various exhibitions. If anyone finds out that others are copying their own products, what can be done? If the property rights office determines that the patent rights of the complainant have been infringed, how can it be punished? What about the other party?
The person in charge of the relevant department of the Provincial Intellectual Property Office responded that: At the exhibition, it was found that someone infringed a company’s patent right, and the infringed company had four solutions: The two parties negotiated and resolved the matter by themselves, brought a civil lawsuit to the court, and requested the patent administrative department to deal with it. Request the exhibition organizer to deal with. These four ways, businesses are free to choose.
However, due to the short exhibition time, generally only two or three days, it is relatively difficult to file a lawsuit with the court and request the administrative agency. The organizers of many exhibitions in Guangdong set up patent complaint handling agencies, agreed with the exhibitors on patent protection contracts, and conciliate patent disputes. The self-discipline approach rejects serious suspected infringing products. The IPO system will also send personnel to the Canton Fair, the US Fair and other large-scale exhibitions to guide the exhibition in the mediation of patent disputes.
Article 54 of the Patent Regulations of Guangdong Province stipulates that, after the administrative processing decision that determines patent infringement has taken effect, a civil judgment or arbitral award has entered into force, the infringer again infringes the same patent right and disrupts the market order, and the patent administrative department shall comply with the provisions of these Regulations. The provisions of the first paragraph of Article 37 shall confiscate the illegal gains and impose a fine of one to five times the illegal gains; if there is no illegal gains, the fine may be between 10,000 and 50,000 yuan; the circumstances are serious. , Can be fined between 50,000 yuan and 100,000 yuan.
Therefore, if a party repeats infringement, the company can go to the Intellectual Property Office to request processing. The Intellectual Property Office will handle it strictly according to regulations.
How to resolve intellectual property infringement disputes in e-commerce?
Response: Complaints on the self-built platform preferred
Nowadays, online shopping has become a habit for people. In the process of online shopping, intellectual property rights infringement disputes often appear. How to quickly resolve intellectual property infringement disputes in the field of e-commerce? What has the government done in patent protection in the field of e-commerce?
The person in charge of the relevant department of the Provincial Intellectual Property Office stated that in accordance with the relevant requirements, many e-commerce platforms have their own complaint platforms to resolve intellectual property disputes in the e-commerce field. They may choose to make complaints on the platform first. Second, by sending a lawyer letter, Maintaining their rights and interests through legal channels. You can also call the 12345 government hotline, or apply for rights protection to the Intellectual Property Rights Protection Assistance Center.
According to the responsible person, the Provincial Intellectual Property Office attached great importance to the protection of patents in the field of e-commerce, launched e-commerce patent protection pilot projects, supported some large e-commerce companies in the construction of intellectual property protection platforms, and supported the development of self-discipline protection of intellectual property rights. The relevant units took part in the special action of patent law enforcement and cooperation in the field of e-commerce, and handled more than 800 cases of patent infringement judgments in the field of e-commerce. In addition, in 2017, the Provincial Intellectual Property Office organized a special operation to investigate and deal with patent e-commerce offline patent cases 375 Pieces.
Where can companies avoid IP risks?
Response: It is recommended that companies pay more attention to intellectual property insurance
At present, the trade war between China and the United States is the focus of the world's attention. However, intellectual property rights are the core of this trade war. As a company, I would like to know if there are any measures or products that companies can use to avoid intellectual property risks that can be introduced and recommended.
'Enterprises evade IPR risks. From the aspect of corporate management, it is necessary to strengthen core results management and the layout of intellectual property rights. From the perspective of market products helping companies to share IP risks, we believe that the purchase of IP insurance products is a good one. Methods. The head of the relevant department of the Provincial Intellectual Property Office said.
According to briefings, at present, Guangdong insurance agencies have developed and launched patent enforcement insurance, patent infringement liability insurance, overseas exhibition patent dispute legal costs insurance, patent agent professional liability insurance, overseas intellectual property rights liability insurance, patent pledge financing loan guarantee. Insurance, patent licensing insurance, intellectual property licensing insurance and many other patent insurance products, especially enforcement insurance, overseas exhibition patent disputes, legal fees insurance, etc. have been favored by many foreign companies.
The Provincial Intellectual Property Office advises companies to pay more attention to intellectual property insurance.
China (Guangdong) Intellectual Property Protection Center VS Intellectual Property Rights Rights Protection Center Who is Faster?
Response: Shortened the three patent examination cycles of the Protection Center
What is the difference between the China (Guangdong) Intellectual Property Protection Center and the existing Intellectual Property Rights Protection Center in Guangdong Province and how does it reflect the fast protection?
According to the person in charge of the relevant department of the Provincial Intellectual Property Office, the China (Guangdong) Intellectual Property Protection Center is the first provincial intellectual property protection center approved by the State Intellectual Property Office, and it has formulated five major service functions: Building patents for rapid acceptance and rapid review of authorization mechanisms System; Establishing a system for rapid patent rights determination; Establishing a system for quick patent rights safeguarding mechanism; Strengthening inter-departmental and cross-disciplinary collaboration; Strengthening the integration of intellectual property protection and application.
Compared to the Intellectual Property Rights Center for Rapid Rights Protection, the Protection Center realized the “Four Extensions”. The first is to rapidly protect the three patents from design patents to inventions, utility models and designs; secondly, to review the protection related to rapid protection from The preliminary examination of design patent applications extends to the pre-settlement review, review and invalidation review of three types of patent applications. The third is the strategic development of the field of rapid protection from a single traditional industrial field to a new generation of information technology and biological industries. Industry, the development of high-tech industries; Fourth, the rapid protection of the geographical scope of the area is limited to the town and other industrial agglomeration areas to expand to the province.
The person in charge said that in the aspect of “fast protection”, it is envisaged that the design patent examination period applied for by the protection center will be reduced from the original 5 months to less than 10 working days, and the utility model patent examination cycle will be The period of six months was reduced to one month, the period of patent examination of the invention was shortened from the original 22 months to three months; the period of review of the review case was reduced from the original 11 months to six months, and the period of review of invalid cases was reduced from the original 5.5 Month reduced to 4 months.