Current location - Trademark Inquiry Complete Network - Trademark inquiry - 2. Investigate the sales process and sales channels of products and works, conduct various evidence collection activities, and do the next legal work.

3. Investigate the sales information of pr

2. Investigate the sales process and sales channels of products and works, conduct various evidence collection activities, and do the next legal work.

3. Investigate the sales information of pr

2. Investigate the sales process and sales channels of products and works, conduct various evidence collection activities, and do the next legal work.

3. Investigate the sales information of products and works and conduct comprehensive evidence collection.

4. Investigate the relevant situation of the main infringers, investigate the relevant persons responsible for the counterfeiting company, the company's internal planning, main technical personnel, marketing status, etc.

b. Combating copyright infringement:

1 Develop effective crackdown plans for customers. After accepting the customer's entrustment, based on investigation and evidence collection, according to different cases, through administrative , criminal and civil means, and organize crackdowns involving all parties including industry and commerce, copyright bureau, public security and media. Or, after investigating and obtaining sufficient evidence, assist the client in filing a lawsuit or mediation with the People's Court or the Copyright Office.

2. Conduct follow-up and unannounced visits after the crackdown to prevent the recurrence of illegal activities and assist customers in completing the necessary legal procedures after the crackdown.

Protection of trademark rights, patent rights, and legitimate business rights:

c. Combating trademark infringement, patent infringement and unfair competition

1 .Formulate effective crackdown plans for customers. After accepting the customer's entrustment, on the basis of investigation and evidence collection, and depending on the case, through administrative, criminal and civil means, organizations include the public security, patent office, industry and commerce, technical supervision and media, etc. All parties participated in the crackdown.

2. Carry out follow-up monitoring after the crackdown to prevent the resurgence of illegal activities, and at the same time assist customers to complete the necessary legal procedures after the crackdown. When necessary, represent clients in administrative mediation and litigation of disputes and provide intellectual property legal services.

How intermediaries respond to counterfeiting and infringement activities

1. Administrative crackdown:

After obtaining relevant illegal evidence related to the production and sale of counterfeit goods through investigation, submit evidence materials to the Industrial and Commercial Bureau, Quality Supervision Bureau, Customs and other supervisory departments, submit an investigation application and cooperate with the investigation and punishment actions.

Action effect: Confiscate or seal up the relevant items involved in the case (finished products, semi-finished products, packaging, labels, equipment and sales materials), confiscate their illegal income, and proceed based on their sales history and the total price of the seized items. Corresponding administrative penalties.

2. Criminal attack:

For infringements involving huge amounts of money, we collect the evidence required before filing the case through investigation and integrate the reporting materials, submit the evidence materials to the public security organs and propose Application for filing a case, and coordinating and cooperating with the public security organs in investigating and handling the targets involved in the case.

Action results: Seize and confiscate the items involved (finished products, semi-finished products, packaging, labels, related equipment, sales materials); confiscate their illegal gains; investigate the main responsibilities in accordance with the criminal law based on the amount involved and the circumstances of the violation. person’s criminal liability.

3. For long-term market dynamic monitoring and intellectual property protection, we will implement the following measures:

☆Establish a special service team to provide long-term services for key brands;

☆ Establish a long-term information intelligence network and a specialized information database, with specialized personnel conducting two-way information exchanges with local markets and

local law enforcement agencies;

☆Establish an archive of infringers and fake product samples , conduct regular research, sorting and statistics on this information;

☆Carry out long-term, continuous and planned market monitoring of areas with high frequency of infringement, and master the rules of infringement in the area;

☆Suppress infringement through joint investigation with relevant law enforcement agencies, news media exposure and other legal special means;

☆Regular analysis and recommendation reports on market infringement in the service area. Expert analysis believes that our country is in the primary stage of market economy, and various laws and regulations have not yet taken shape. The activities to combat counterfeit and shoddy goods will exist for a long time. Government functional departments should give full play to their role as the main body of anti-counterfeiting, guide, coordinate and integrate social anti-counterfeiting resources. , forming an effective collaborative anti-counterfeiting supervision mechanism in regions, industries and the country.

Currently, quality and technical supervision departments at all levels across the country have government anti-counterfeiting offices. However, the anti-counterfeiting offices in most areas are just a loose consortium of government functional departments. Some even have only names and are difficult to enforce. To play a substantive coordination role, there is a lack of organic connections between various functional departments, anti-counterfeiting information resources are isolated and fragmented, and clues are not shared. It can be seen that an effective anti-counterfeiting cooperation mechanism needs to be established urgently.

Some business leaders suggested that government functional departments can adopt the principles of guidance, supervision, coordination and complementary advantages for private anti-counterfeiting agencies to form a supervision mechanism for collaborative anti-counterfeiting. Specifically, government anti-counterfeiting offices established in local quality and technical supervision departments should proactively regard commercial intermediaries and industry associations as necessary supplementary forces for government functional departments to combat counterfeiting, and regard them as "service points" for functional departments to combat counterfeiting. After receiving reports from units or individuals, functional departments will carefully review them in accordance with established procedures, promptly file cases that comply with regulations, and recommend them to "service points" for investigation into counterfeiters.

The government's anti-counterfeiting office should establish effective connections with "service points", consumers' associations, enterprises, complaint agencies, etc., and establish a professional and large-capacity rights protection and anti-counterfeiting information database for the government, enterprises and consumers Readers can use and inquire to maximize the social value of anti-counterfeiting resources.

Luo Shaohua, chief engineer of the Guangdong Provincial Bureau of Quality and Technical Supervision, also suggested that in view of the fact that some wholesale markets or bazaars are becoming distribution centers for fake and inferior products, the commodity circulation system should be reformed and chain stores, supermarkets, etc. should be vigorously developed. Modern commercial formats make the circulation of goods mainly rely on modern logistics and distribution, cutting off the channels for fake and inferior products to enter the market through the circulation field.