Determine whether the design patent product and the infringing product are the same or similar goods. The identification method in judicial practice usually takes the function and use of the product as the standard, and also refers to the classification of relevant goods in the International Design Classification Table (i.e., the Locarno Treaty). If the design patented product and the alleged infringing product are identical in function and use, it can be determined that they are the same or similar goods.

1. What rights does copyright include?

1. The first is personal rights, also called moral rights, which mainly refer to the four rights of publication, signature, modification, and protection of the integrity of works;

2. Secondary property rights, also called economic rights, mainly refer to the use of works through publishing, performance, broadcasting, exhibition, recording, making movies, television, etc., in order to authorize others to use the works to obtain economic benefits. right.

2. How to avoid infringement when releasing products

1. First, refer to the brand reference list under the rules section of AliExpress. If it is not listed, you can check the National Trademark Network to confirm Whether the product brand constitutes infringement. If you are still not sure, you need to pay attention to the fact that all information (including text and pictures) posted online about products, stores, etc. cannot use other people’s brand names or derivative words;

2. Second, in product pictures It cannot contain other people’s brand names or derivatives, LOGO or similar LOGO;

3. Third, do not publish products that imitate the representative patterns, shading or styles of other people’s brands.

3. Digital copyright protection technology

1. Encryption technology,

2. Digital watermark technology,

3. Rights description language.

Legal basis:

"Patent Law of the People's Republic of China"

Article 11 After the invention and utility model patent rights are granted, other than Except as otherwise provided in this Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell, or import its patented products or use its patented methods for production and business purposes. and use, offer for sale, sell, and import products directly obtained according to the patented method.