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Are the judicial cases shown by Qichacha serious?

See whether it has a big impact on the company. If it involves a crime, it's serious.

1. 1. If the same user is sued for the same intellectual property for the first time, 4 points will be deducted;

2. If the same user is sued for the same intellectual property again, it will be regarded as repeated infringement. 8 points will be deducted for each time, but no points will be deducted if the second complaint is made within 5 days (including 5 days) from the date of establishment of the last point-deducted complaint.

Warning between 12 points and 24 points (inclusive of 12 points);

Between 24 and 36 points (inclusive of 24 points) restricted for 7 days;

< p>The rights between 36 points and 48 points (including 36 points) are limited to 15 days;

The rights between 48 points and 60 points (including 48 points) are limited to 30 days;

Account will be closed after 60 points or above.

Handling of serious infringements

Warning for the first time the complaint is substantiated;

Several rights restriction for 7 days for the second time the complaint is substantiated;

The third time a complaint is made, the user's rights are restricted for 15 days;

The fourth time a complaint is made, the account is closed.

If the same user is accused of serious infringement of the same intellectual property three times in total, the account will be closed directly.

II. Intellectual property infringement protection methods

1. Investigation and punishment by the Industrial and Commercial Bureau, Patent Office, and Copyright Bureau (Cultural Law Enforcement Brigade)

By filing a complaint with the Industrial and Commercial Bureau , the Patent Office, and the Copyright Office (Cultural Law Enforcement Brigade) reported, requiring the infringing companies to stop infringement, and at the same time impose administrative penalties on them.

(1) Report letter;

(2) Copy of the reporter’s business license;

(3) Copy of trademark registration certificate and patent certificate copy of the copyright registration certificate;

(4) Letter of authorization;

(5) Certificate of identification that the product is a counterfeit or infringing product;

(6) The detailed name, location, product name, outer packaging of the infringing enterprise, as well as 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 person responsible for the infringement, so as to fundamentally prevent the infringement from happening again.

(1) Trademark cases: more than 30,000, well-known trademarks are not restricted;

(2) Patent cases, trade secret cases: more than 500,000;

(3)Copyright cases.

3. Customs investigation

Involves customs filing and customs intellectual property protection. Specifically, what is customs protection of intellectual property rights, and what intellectual property rights are protected by the customs? Simply put, customs protection of intellectual property rights is border protection of intellectual property rights (border explanation:). When goods enter and leave the country, the intellectual property rights related to the goods are protected. Implementing protection, or to put it more simply, means that customs investigates and punishes import and export goods that infringe on intellectual property rights. So, can all intellectual property rights such as trademarks, patents, copyrights, trade secrets, technical secrets, etc. be protected by the customs? No, only trademark rights, patent rights, copyrights, and the exclusive rights of the Olympic logo are protected by the customs .

4. Litigation in the People's Court

Through litigation, request the People's Court to order the infringing party to stop the infringement and compensate for losses. Generally, it is under the jurisdiction of the Intermediate People's Court, such as Beijing Haidian, Chaoyang, Fengtai, etc. The difficulty lies in proving the amount of compensation, which generally requires a statutory compensation of 500,000 yuan.

5. Investigation and punishment by other administrative departments

The Pesticide-Agricultural Bureau is unable to investigate and deal with intellectual property infringement. The local Quality Inspection Bureau reports that product quality is in the specific process, usually through certain channels. Used in combination. For example, an enterprise first entrusts a professional law firm to investigate the infringing enterprises, and leads the notary office personnel to purchase infringing products, conduct business negotiations at the infringing manufacturers, and obtain some evidence. Then report it to the local industrial and commercial department. After the industrial and commercial investigation and sealing of the infringing products, you file a lawsuit with the People's Court to demand compensation for economic losses. In addition, generally speaking, industrial and commercial personnel do not have the right to forcibly search certain areas, such as residential buildings, nor do they have the right to detain or take away evidence of certain valuable property. In this case, industrial and commercial personnel must jointly enforce the law with the public security forces. When it is impossible to forcibly search industrial and commercial personnel, public security officers shall apply for a search warrant to investigate and deal with specific areas at certain times.

Legal Basis

Article 90 of the "Criminal Procedure Law of the People's Republic of China" After the People's Procuratorate has reviewed a case submitted by the public security organ for approval of arrest, it shall make separate decisions based on the circumstances. Make a decision to approve or disapprove an arrest. The public security organ shall immediately implement the decision to approve the arrest and promptly notify the People's Procuratorate of the implementation status. If the arrest is not approved, the People's Procuratorate shall explain the reasons, and if supplementary investigation is required, the public security organs shall be notified at the same time.