How to avoid foreign-related patent infringement, and what to do if foreign-related patent infringement happens? 1. Accelerate scientific and technological innovation. Chinese enterprises are restricted by overseas companies in terms of intellectual property rights, mainly because there are too few independent intellectual property rights, especially in product development and product marketing. In order to make a breakthrough in these two links, the key lies in technological innovation and independent intellectual property rights. Conditional enterprises should set up an intellectual property department to manage the application for registration and protection of intellectual property rights of their own enterprises, and register patents internationally in time. It is best to adopt the patent network strategy (that is, apply for defensive patents around basic patents and apply for patents for minor improvements related to basic inventions) to prevent others from preempting and causing passivity and losses to themselves. A series of patents obtained through technological innovation will be transformed into industry standards and national standards, and actively participate in the activities of the International Organization for Standardization, and then be transformed into international standards, so as to obtain legal international industrial monopoly status (2). 2. To create an international brand "it is necessary to be hard to strike while the iron is hot". In order to win in the fierce market competition, enterprises must rely on scientific and technological progress, improve the scientific and technological content and added value of products, reduce production costs and improve product quality, and change the strategy of "winning by quantity" into the strategy of "winning by quality". To this end, enterprises should strengthen the study and reference of international standards and quality certification systems, master the forefront of standards in this industry, strengthen cooperation with domestic and foreign enterprises, and select appropriate and feasible technical standards in combination with their own characteristics and market development to produce products that are deeply loved by domestic and foreign consumers. In the process of building a brand, enterprises should register their trademarks internationally in time, and register similar trademarks and logos, so as to prevent others from preempting or "being next to famous brands" and other acts from infringing on their own interests. 3. Maintain independent intellectual property rights "with this spear as a shield". As we all know, intellectual property rights have become a powerful competitive and legal weapon in market competition. Some foreign companies have advantages in intellectual property rights, but there are also violations of other people's intellectual property rights. Once the intellectual property rights independently researched and developed by Chinese enterprises are infringed by others, they have enough awareness of resistance to attack those who trample on the law, and they should not give in and forbear. For example, in case of infringement matters such as registered trademarks in China, they should take the lead in relevant investigation and evidence collection and take the initiative to file a lawsuit. However, due to the low entry threshold of the industry, the lack of standardization of the industry, the imperfect legal system and the need to strengthen law enforcement, enterprises can limit counterfeiting and infringement in two ways in order to protect themselves: first, establish well-known brands, because when the competition of products rises to brand competition, it is difficult for other enterprises to shake the position of brand enterprises' products in the market and customers' minds; The second is to improve the technical content and manufacturing level of products, because after improving the technological level and technical content of products, it is difficult for other enterprises to counterfeit or the cost of counterfeiting is high, which can greatly reduce the occurrence of counterfeiting and infringement.
What should I do if there is foreign-related patent infringement? 1. Establish an early warning mechanism to prevent it before it happens. First, conduct patent search during the product development period. Know yourself and know yourself, and you will win every battle. In order to avoid litigation risk, enterprises should conduct patent search in the product development period to understand the patent situation of the industry and the developed products, avoid falling into the unfavorable situation of infringing others' patents during the research and development period, and also save product development time and cost. Second, avoid infringement by avoiding design through patents. In the process of product development, if it is found that the products developed overlap with other people's patents, which may infringe other people's intellectual property rights, we can improve our own products by studying international trade rules, laws and regulations related to intellectual property rights at home and abroad, and patent requests and instructions from others, which is usually called "patent avoidance design". Third, we should establish an early warning mechanism to "take precautions". It is very necessary to establish an early warning mechanism and try to make a response plan in a short time. Generally speaking, multinational companies will generally conduct a lot of research activities in the early stage, in radio and newspapers, to test each other's reaction, and then take the form of negotiation, sending a lawyer's letter, and finally litigation. There are two reasons why enterprises are faced with patent litigation: first, our development has affected the living space of competitors; Second, we have infringed on other people's intellectual property rights. This is a harbinger problem. 2. Seeking reconciliation and striving for win-win reconciliation is also a path for enterprises to choose to solve problems. Usually, the court is just a means for enterprises to compete for the market and gain benefits. What the other party really wants may be to increase the weight of negotiation through litigation to get higher royalties, or it may be to crowd out competitors through litigation. Therefore, enterprises should find out each other's real intention before negotiating with each other: if the other party's purpose is to compete for the market and limit each other's production scale through patents, enterprises can reach a settlement by means of patent cooperation, including cross-licensing of technology and patent exchange; If the other party wants to use the fee, it should seize the opportunity of negotiation and promote reconciliation. In this way, for the obligee, it not only protects the patent right, but also collects considerable royalties, thus achieving a win-win effect. For users, paying royalties not only eliminates the notoriety of "infringement", but also restores the reputation of the enterprise, and can continue to use the patent of the right holder to obtain their own interests. But there are conditions for reaching a settlement. First, appropriate concessions or preferential conditions, such as production process adjustment, preferential cooperation conditions, payment of patent royalties, etc.; Second, the success rate of the plaintiff in the case; Third, whether the defendant has the weight of reconciliation (such as the patent as a cross license, the evidence to prove that the plaintiff's patent is invalid, etc.). How to avoid foreign-related patent infringement and how to deal with foreign-related patent infringement? In the face of foreign-related patent losses, patent owners can protect their rights through litigation in light of specific circumstances. Regarding the way to avoid foreign-related patent infringement or the situation of foreign-related patent infringement, I suggest you consult a lawyer directly online.