This problem is very broad. The first is the classification of intellectual property rights in my country. Intellectual property rights in my country are now mainly divided into three major categories: trademark rights, patent rights and copyrights. Trademark infringement cases are the most common in life. How do we determine whether the other party is infringing? First of all, the scope of rights of the exclusive right to register a trademark must be determined. According to Article 37 of my country’s Trademark Law: “The exclusive right to use a registered trademark is limited to the approved registered trademark and the goods approved for use.” The scope of the exclusive right to use a registered trademark is limited to the approved registered trademark and the registered trademark. The products approved for use.
Secondly, the specific object of the alleged infringement must be determined. The determination of the object of alleged infringement is determined by two factors, one is the trademark that is accused of infringement, and the other is the goods used in the trademark that is accused of infringement.
Thirdly, compare the object of alleged infringement with the registered trademark and the goods approved to be used by the registered trademark, and determine whether the trademark accused of infringement is the same or similar to the registered trademark, as well as the use of the trademark accused of infringement Whether the goods are of the same category or similar to the goods for which the registered trademark is approved, and whether the trademark will cause confusion to consumers.
Finally determine whether there is infringement. The second is copyright and patent rights; let me give you an example: Kohler Co., a world-famous kitchen and bathroom product manufacturer in the United States, recently won a series of six lawsuits involving four patented faucets in Shanghai. Shanghai Meishi Sanitary Ware Co., Ltd. The three defendants including Dai, the owner of its business department, and Shanghai Dengle Industry and Trade Co., Ltd. were sentenced to cease infringement and pay Kohler Company a total of 500,000 yuan in economic losses.
The various styles of "faucets" developed by Kohler Company were granted design patents by the my country Intellectual Property Office in 1998 and 2001. After trial, the court confirmed that compared with Kohler Company’s patented faucet, the defendant’s product involved only had minor differences such as the appearance pattern and the round hole on the back. The basic elements were the same and the visual effects were similar in the eyes of ordinary consumers. Therefore, the products in the two stores mentioned above were The allegedly infringing faucets sold fell within the scope of protection of Kohler Company's corresponding patents.
The court ultimately determined the case between Meshi Company and Dai based on factors such as the type of patent rights involved, the degree of subjective fault of the infringer, the nature and circumstances of the infringement, and the reasonable expenses paid by Kohler Company to stop the infringement. The company jointly and severally compensated Kohler Company RMB 340,000, and Dengler Company compensated Kohler Company RMB 160,000 yuan.
In response to the increasing number of patent infringement accusations and lawsuits by foreign companies, some Chinese companies have adopted a passive response or even no response. This approach will cause the company to lose product market, damage the product brand, and affect the company's image. Especially in the United States, if you continue to sell products without actively responding to patent infringement lawsuits, it is likely to constitute intentional infringement, resulting in aggravated damages and the payment of the other party's attorney fees.
In fact, in patent infringement accusations and lawsuits, the other party’s accusation of patent infringement does not mean that patent infringement is established. Most of the time, it is very time-consuming and expensive to prove that patent infringement is established. Actively responding to patent infringement disputes can sometimes resolve patent infringement accusations; even in cases where patent infringement may occur, active response can reduce the amount of compensation or reach a settlement agreement. Therefore, it is very necessary to actively respond to patent infringement disputes.
Copyright: According to the provisions of the Copyright Law, infringement of artistic works includes the following situations: creating paintings using the names of other painters; signing one's own name on other people's paintings; Permission to copy the work of others. So does a painting whose composition is similar to someone else's work constitute infringement of someone else's work? To what extent can it be called "similar"? Is it based on the "similarity" judged by the painter or the "similarity" judged by the judge? Summary: Intellectual Property (Intellectual Property, also known as Intellectual Property Right) refers to a right that people enjoy in accordance with the law based on the results of their own intellectual and creative activities. Intellectual property rights include personal rights and property rights, which are called moral rights and economic rights by scholars in some countries.
Traditional intellectual property rights only include copyright, patent rights and trademark rights. Some regular principles in intellectual property legal theory are derived from these three intellectual property rights. However, with the development of social economy and scientific progress, new objects of intellectual property have been given, such as: integrated circuit layout design, new plant variety rights, etc.
Intellectual property infringement refers to the behavior of an actor that objectively infringes upon the property rights or personal rights of others’ intellectual property rights and should bear civil liability. It can be seen that the definition of intellectual property infringement is different from that of general civil infringement. When talking about the difference between the two, an American scholar once vividly compared it to "It's like watching a boxing match. Anyone can see the fist." It’s a punch in the nose, but intellectual property rights are different. It’s hard to tell where the punch hit.” A Chinese court once accepted such a trademark infringement case. The defendant signed a contract with a foreign businessman to export bicycle accessories with the plaintiff's well-known trademark, but the contract has not yet been fulfilled. However, the plaintiff has filed a lawsuit with the court, requesting the court to stop the defendant from infringing the plaintiff's trademark rights. In the end, the plaintiff's claim was recognized by the court. The judgment of this case puzzled many people. The infringement of trademark rights has not yet occurred, so how can the court rule that the infringement is established? The defendant's behavior in this case did not meet the four constituent elements of general civil torts. It is obvious that the court's confirmation of the defendant's infringement in this case has deviated from the traditional theory of civil torts.
As for the constitution of tort, some scholars call it the legal elements of tort, and some scholars call it the constituent elements of tort liability. They believe that the constituent elements of tort and the constituent elements of tort liability are two different things. The concept of infringement, as well as what scholars call the constitutive elements of infringement, no matter what, its content is nothing more than the theory of three or four elements. The author believes that the constitutive elements of infringement refer to the conditions for the establishment of infringement. Infringement The composition of the behavior is the prerequisite for bearing tort liability. Since the infringement has been established, one should bear tort liability. As for what kind of tort liability and the size of the tort liability, it depends on the nature of the act and the subjective state of the actor. These two concepts The relationship between criminal behavior and punishment (criminal liability) is similar to the relationship between criminal behavior and punishment (criminal liability). Criminal behavior is behavior that should be punished by punishment. The constituting of a crime is the prerequisite for the actor to bear criminal responsibility. We usually call it the composition of the crime and the responsibility for it. What kind of criminal liability should be determined based on the elements that constitute the crime. Therefore, the author believes that the above-mentioned various views are essentially the same. In order to conform to the logic of the structure of this article, it is more appropriate to call them the constituent elements of intellectual property infringement.
Intellectual property law is a subject that develops relatively quickly and changes rapidly. It does not have a mature theoretical framework like traditional civil law theory. When people really study intellectual property rights, traditional The theoretical framework of civil law has taken shape. Due to the inherent characteristics of intellectual property, it is not appropriate to apply traditional civil law theory to some phenomena. As the WTO textbook says, “The owner of a tangible object can generally protect its property by possessing it. The purpose of infringement is that the owner of intellectual property rights cannot achieve the purpose of protecting property by taking possession of his invention, work or trademark." Therefore, some regularities of intellectual property are still unclear, which makes judges engaged in intellectual property trials at a loss. Unlike other traditional civil law disciplines, unformed intellectual property theories are often passed through the trial. The jurisprudence of judges has been verified and accepted by legislators, such as instant infringement, reverse trademark counterfeiting, etc. The above are personal suggestions, as well as some information collected by myself. I hope it can be useful to the poster. If there are any mistakes, please point them out and let us learn together. Thanks! Hope to adopt it!