How to complain about intellectual property infringement? In infringement cases, many companies are often discouraged due to difficulties in collecting evidence and other reasons. At the same time, not all infringements must be resolved through litigation. So, how to correctly safeguard rights in intellectual property infringement cases? How to complain about intellectual property infringement? Now, let the editor of Xiye explain it to you one by one.

How to complain about intellectual property infringement?

How to correctly defend rights in intellectual property infringement cases. Generally, enterprises can choose the following five rights protection methods based on the infringement, the severity of the consequences, and the goals:

1. Issue a warning letter.

For infringements and consequences that are not very serious, and the alleged infringing enterprise is not too large, the rights holder can remind the other party by issuing a warning letter and require it to stop the infringement.

2. Negotiate with the goal of 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 should take the initiative and fully before filing a lawsuit in court or sending a warning letter to the other party. Prepare evidence of infringement and evidence of losses suffered by oneself or benefits gained by the other party, so as to prepare for future court proceedings and gain an advantageous position.

3. Use litigation to promote peace.

The purpose of rights holders sometimes filing lawsuits in court is not to obtain a judgment from the court, but to negotiate with the alleged infringer and compensate for the losses caused by their infringement. 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. Use litigation to clear the market.

Many times it is difficult for the right holder to obtain full compensation from the lawsuit. However, if the lawsuit is not filed, the infringement will spread and the right holder’s market share will be greatly affected, so the right holder has to file a lawsuit. Litigation to regain market share of genuine products. 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 to encourage the other party to negotiate with the rights holder. Or mediate, and then both parties reach an intention to cooperate.