Legal analysis:

1. Issuing a warning letter is not very serious for infringement and the consequences are not very serious. The suspected infringing company is not too big. The rights holder can remind the other party by issuing a warning letter. Ask them to stop infringement.

2. Aiming for compensation. If the alleged infringement has caused a large loss to the right holder and the right holder is prepared to sue the infringer with the goal of obtaining compensation, he or she should file a lawsuit in court or send a warning letter to the other party. Beforehand, you should proactively and fully prepare evidence of infringement and evidence of losses suffered by you or benefits gained by the other party, so as to prepare for future court proceedings and gain an advantageous position.

3. Litigation to promote peace talks. Rights holders sometimes file lawsuits in court not to obtain a judgment from the court, but to negotiate peace talks with the alleged infringers and make up for the damages caused by their infringements. losses. Rights holders should clarify their own bottom line before negotiating between the two parties. At the same time, they should also try their best to investigate the other party's bottom line in order to better safeguard their legitimate rights and interests.

4. Litigation to clear the market. In many cases, it is difficult for right holders to obtain full compensation from lawsuits. However, if no lawsuit is filed, infringement will spread and the right holder’s market share will be greatly affected. Therefore, the rights holder has to file a lawsuit to regain the market share of the genuine product. For example, a luxury brand can tolerate fake products with poor workmanship being sold at bargain prices in markets, but it will never accept high-imitation products being sold in hotels and shopping malls, because the consumer group of the former is not the target group of the rights holder, while the consumer group of the latter It is very likely that the target customers of the rights holder will be diverted. Therefore, even if the right holder cannot obtain sufficient compensation from the case, he will take legal measures, even criminal measures, to maintain his market share.

5. Use litigation to promote cooperation. Sometimes, when the rights holder asks the alleged infringer to stop infringement or file a lawsuit in court, it does not really require it to stop using the rights holder’s intellectual property rights, but uses it as a platform. Encourage the other party to negotiate or mediate with the rights holder, and then both parties reach an intention to cooperate.

Legal basis:

Article 49 of the "Copyright Law of the People's Republic of China" that infringes upon copyright or copyright-related rights, the infringer shall infringe upon the right holder's rights. Compensation will be provided for actual losses; if actual losses are difficult to calculate, compensation may be provided based on the infringer's illegal gains. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan.

Derived questions:

What are the penalties for intellectual property infringement

(1) The crime of counterfeiting registered trademarks.

According to Article 213 of the Criminal Law, anyone who uses the same trademark as his registered trademark on the same kind of goods without the permission of the owner of the registered trademark, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years. Or criminal detention, and shall be concurrently or solely fined; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

(2) The crime of selling goods with counterfeit registered trademarks.

According to Article 214 of the Criminal Law, anyone who knowingly sells goods that are counterfeit registered trademarks and the sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined. ; If the sales amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

(3) The crime of illegally manufacturing and selling illegally manufactured registered trademarks.

According to Article 215 of the "Criminal Law", whoever forges or manufactures other people's registered trademarks without authorization or sells forged or unauthorized registered trademarks, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. or control, and shall be fined in addition or solely; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

(4) Crime of patent counterfeiting.

According to Article 216 of the "Criminal Law", whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.