First find the parties concerned to negotiate a solution and actively compensate for the problem.

According to Article 60 of the Patent Law of the People's Republic of China:

Using the patent without the permission of the patentee shall infringe the patent right and cause Disputes shall be resolved through negotiation between the parties;

If the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter.

If the patent management department determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within fifteen days from the date of receipt of the handling notice, comply with the provisions of the People's Republic of China ***The Administrative Litigation Law of the People's Republic of China and the People's Court;

If the infringer does not sue or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties, the patent management department that handles the matter may mediate on the amount of compensation for infringement of patent rights;

If mediation fails, the parties may mediate in accordance with the Civil Procedure Law of the People's Republic of China and the People's Republic of China. File a lawsuit with the People's Court.

According to Article 60 of the Trademark Law of the People's Republic of China:

Any act that infringes upon the exclusive right to use a registered trademark as listed in Article 57 of this Law , if a dispute arises, it shall be resolved by the parties through negotiation; if they are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle it.

Extended information

According to Article 57 of the Trademark Law of the People's Republic of China:

Anyone who commits any of the following acts shall be liable to It is an infringement of the exclusive rights of registered trademarks:

1. Using the same trademark as the registered trademark on the same product without the permission of the trademark registrant;

2. Without the permission of the trademark registrant; The registrant’s permission is to use a trademark that is similar to the registered trademark on the same product, or to use a trademark that is the same or similar to the registered trademark on similar products, which is likely to cause confusion;

3. Sales infringement of registration Products with exclusive rights to trademarks;

4. Forging or manufacturing registered trademarks of others without authorization or selling counterfeit or unauthorized registered trademarks;

5. Not registered with the trademark registrant Agree, change its registered trademark and put the goods with the changed trademark into the market;

6. Intentionally provide conveniences for infringement of other people’s trademark rights and help others to infringe trademark rights;< /p>

7. Causing other damage to others’ exclusive rights to registered trademarks.