1. Submit materials to the intellectual property department for complaint;
2. Provide the trademark, proving that the trademark you use is not similar or used earlier than the registered trademark of the complainant;
3. Show the patent to prove that the product you sell is not similar to or used earlier than the complainant's patent right;
4. Show the copyright, and prove that the products you sell are not similar to or used earlier than the complainant's copyright.
What is the impact of the respondent's complaint about intellectual property infringement
The specific impact of the respondent's complaint about intellectual property infringement is as follows:
1. Civil sanctions will be imposed. According to the provisions of the patent law, anyone who infringes on intellectual property rights for the purpose of production and operation without the permission of the right holder may request the right holder or interested party to stop the infringement and demand compensation from the infringer, and the amount of compensation for infringement of intellectual property rights shall be determined according to the size of the loss and benefit suffered by the right holder;
2, will be subject to administrative sanctions. According to the relevant provisions of the Intellectual Property Law, acts such as counterfeiting other people's patents, revealing state secrets, and engaging in malpractices for personal gain are all acts of infringement, and these acts will be subject to administrative sanctions;
3, will be subject to criminal sanctions. According to the relevant provisions of the Intellectual Property Law, intellectual property infringement will generally be given civil sanctions, but sometimes criminal sanctions are needed. According to the relevant provisions of the Intellectual Property Law, if the infringement has constituted a crime, it will be investigated for criminal responsibility according to law.
Legal basis:
Article 24 of the Copyright Law of the People's Republic of China
A licensing contract shall be concluded with the copyright owner for the use of other people's works, except that the license is not required according to this Law.
the licensing contract includes the following main contents:
(1) the types of licensed rights;
(2) The licensed right is exclusive or non-exclusive;
(3) the geographical scope and period of permitted use;
(4) remuneration standards and methods;
(5) liability for breach of contract;
(6) other contents that both parties think need to be agreed.
Article 12 of the Civil Procedure Law
A prosecution shall submit a complaint to the people's court and submit a copy according to the number of defendants.
if it is really difficult to write a complaint, it can be brought orally, which will be recorded by the people's court and the parties concerned will be informed.
Paragraph 1 of Article 6 of the Trademark Law
If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes a dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a suit in a people's court or request the administrative department for industry and commerce to handle it.