If you receive a lawyer's letter of picture infringement, you can take the following measures:

(1) Log in to the relevant copyright website mentioned in the lawyer's letter to verify the pictures.

(2) Verify the source of the picture within the company.

(3) Evidence preservation should be deleted in time.

(4) Conduct possible consultations.

(5) Inform the legal affairs or lawyers in time and prepare for responding to the lawsuit.

Second, how to avoid the infringement of online pictures

1, verify the source of the picture, and the picture found by the search engine can't be used casually.

2. Buy the copyright of the picture. Use pictures legally.

3, your own original picture.

Third, the legal characteristics of tort liability.

Tort liability refers to the civil legal consequences that the civil subject should bear because of the implementation of tort. Tort liability means that anyone has an obligation to others, that is, he will not infringe upon the legitimate rights and interests of others because of his own wrong (fault) behavior, otherwise it will constitute infringement and be responsible to the injured party. Infringement is basically illegal.

The legal characteristics of tort liability are as follows:

1. Tort liability is the legal consequence that civil subjects should bear if they violate the obligations stipulated by law: civil obligations have statutory obligations and contractual obligations, and statutory obligations are set by mandatory norms and prohibitive norms of law. This obligation has universal applicability to every natural person and legal person, and violation of this obligation constitutes tort liability. Contractual obligation is an obligation set between specific parties, and breach of contractual obligation constitutes the liability for breach of contract.

2. Tort liability is based on tort: the basis of tort liability is tort. Without tort, there is no problem of bearing tort liability. Tort liability is the legal consequence that the actor should bear when committing tort.

3. There are various forms of tort liability: in addition to property liabilities such as compensation for losses and return of property, the actor or responsible person of tort liability may also bear non-property liabilities such as stopping infringement, restoring reputation, eliminating influence and apologizing in many cases.

What should I do if I receive a letter from a picture infringement lawyer? Legal subjectivity:

A lawyer's letter is usually sent to the infringer by a lawyer entrusted by the trademark owner, asking the infringer to stop the infringement and compensate the obligee for the loss. After receiving the letter from the trademark infringement lawyer, according to the infringement mentioned in the letter, try to check the products produced and sold by yourself. If there is any infringement, it is best to entrust a lawyer in time and actively contact the obligee or the opposing lawyer for consultation. If it is a legal channel product, you can provide a sales contract and a supply list. If you didn't know it was an infringing product before, you can stop selling it now. The following conditions can prove that the commodity is legally obtained by itself: (1) There is a supply list and payment receipt legally signed by the supplier, which is verified or recognized by the supplier; (2) There is a procurement contract signed between the supplier and the supplier, which has been verified and truly fulfilled; (3) There are legal purchase invoices, and the items recorded in the invoices are consistent with the commodities involved; (4) Other circumstances that can prove the legal acquisition of the commodities involved.

Legal objectivity:

Article 80 of the Regulations for the Implementation of the Trademark Law can prove that it is not known that the goods infringing the exclusive right to use a registered trademark were legally obtained by itself and explained to the supplier, and the administrative department for industry and commerce shall order it to stop selling and notify the administrative department for industry and commerce where the supplier of the infringing goods is located.

How to deal with letters from lawyers who infringe copyright? In our country, to judge patent infringement, we must first determine the scope of patent protection, and then judge whether the technical characteristics of the defendant's product or method belong to the scope of patent protection. According to the provisions of China's patent law, the scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to explain the claim. The scope of protection of the design patent right shall be subject to the design product shown in the picture or photograph.

If the technical features of an enterprise's product or method are all the same as the contents of the patent claim, it belongs to its protection scope and constitutes infringement. In addition, the principle of equivalence and estoppel are also applicable to the determination of patent infringement in China.

After careful analysis, if you confirm that your product or method does not constitute infringement, you can reply accordingly; If you confirm that your product or method has fallen into the scope of patent protection, you can consider whether your implementation behavior belongs to the behavior that does not constitute a patent infringement clause in China's patent law. If you confirm that your product or method has constituted infringement, you can further analyze the validity of the patent. If you can declare the patent invalid, you can also win the patent infringement lawsuit.

Enterprises should entrust patent lawyers in China to carefully find out the legal status and patentability of patents. If you think it is possible to declare the patent invalid after analyzing the retrieval results, you should take the time to make a request to declare the patent invalid to the Reexamination Board of the Chinese Patent Office within the defense period. At the same time, a copy of the patent invalidation request will be submitted to the court, requesting the court to decide to suspend the lawsuit. For utility model patents and design patents, the court shall suspend the proceedings. The court may or may not suspend the invention patent. Therefore, the defendant should actively provide the court with materials to prove the lack of patentability of the patent, so as to urge the court to suspend the lawsuit. If the court does not suspend the trial and make an infringement judgment, the defendant shall appeal in time and request the Patent Reexamination Board to speed up the procedure, so as to make a decision to declare the patent invalid before the judgment of the second instance of the court is made.

If the patent right cannot be declared invalid, the enterprise does infringe the patent right. It is suggested that the enterprise stop the infringement in time and actively strive to reach a settlement agreement with the obligee.