Legal analysis: Generally, you need the packaging of the other party’s products and the outer packaging of your company’s own products, as well as the design patent certificate for your own product packaging.
If you file a lawsuit in court, it is not enough to provide evidence of product packaging. Specifically, you also need to collect the following evidence:
1. Prove yourself Enjoy product packaging patent rights or patent licensing rights
2. Prove that the infringer has counterfeited product packaging
Generally, as long as you submit products with product packaging and their sales invoices, Evidence such as comparative materials on technical features of patents and product packaging.
3. Prove that the amount of compensation proposed has a factual basis
The extraction of this kind of evidence is, for example, evidence of the losses you have suffered due to the infringement or the gains gained by the infringer due to the infringement. evidence of interest.
Legal basis: Article 52 of the Trademark Law of the People's Republic of China. If an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, The local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may issue a notice. If the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of less than 20% of the illegal business volume may be imposed. If the amount exceeds 10,000 yuan, a fine of not more than 10,000 yuan may be imposed.