Legal analysis: 1. Investigation by the Industrial and Commercial Bureau, the Patent Office and the Copyright Bureau (Cultural Law Enforcement Brigade):
By reporting to the Industrial and Commercial Bureau, the Patent Office and the Copyright Bureau (Cultural Law Enforcement Brigade), the infringing enterprise is required to stop infringing, and at the same time, administrative punishment is imposed on it.
(1) report letter;
(2) A copy of the business license of the informant;
(3) Copy of trademark registration certificate, copy of patent certificate and copy of copyright registration certificate;
(4) power of attorney;
(5) the certificate of identification that the goods are counterfeit or infringing products;
(6) The detailed name, location, product name and outer packaging of the infringing enterprise, and the preliminary materials and clues to prove the infringement.
2. Investigation and punishment by the Public Security Bureau:
Report to the public security organ and request criminal punishment for the responsible person of the infringer, so as to fundamentally stop the infringement from happening again.
Economic Investigation Brigade
(1) Trademark case
(2) Patent case
(3) Copyright case.
3. Customs investigation:
It involves customs filing and customs intellectual property protection. Specifically, what is the customs protection of intellectual property rights and what intellectual property rights are protected by the customs? Simply put, the customs protection of intellectual property rights is the border protection of intellectual property rights (border explanation:), which protects intellectual property rights related to goods when they enter or leave the country, or more simply, the customs investigates and deals with imported and exported goods that infringe intellectual property rights. Then, can all intellectual property rights such as trademarks, patents, copyrights, trade secrets and technical secrets be protected by the customs? No, only trademark rights, patents, copyrights and the exclusive rights of Olympic symbols are protected by the customs.
4. The people's court sued
Through litigation, the people's court was requested to order the infringer to stop the infringement and compensate the losses. Generally, it is under the jurisdiction of the intermediate people's courts, such as Haidian, Chaoyang and Fengtai in Beijing. The difficulty is the proof of the amount of compensation, which generally requires a legal compensation of 5 thousand.
legal basis: article 3 of the trademark law of the people's Republic of China is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.