Patent rights infringement and protection strategies in cross-border e-commerce
In cross-border e-commerce, patent infringement is a common problem. According to relevant legal definitions, patent infringement mainly includes invention and utility model infringement, design patent infringement and counterfeit patent infringement. For example, when the technical features of the product complained of are exactly the same as the necessary technical features recorded in the claims of the invention or utility model patent, or there are more than the necessary technical features, or they are different but are substituted by equivalent means, then it constitutes an invention or utility model. New type of infringement; if the overall visual effects of the complained product and the design patent are the same or similar, it constitutes design patent infringement.
In practice, counterfeiting other people’s patents mainly manifests itself in: marking other people’s patent numbers on manufactured or sold products and product packaging without permission; using other people’s patent numbers in advertisements or other promotional materials without permission. ;Using other people’s patent numbers in contracts without permission; forging or altering other people’s patent certificates, patent documents or patent application documents. For example, a beauty brush designed by a foreign manufacturer has obtained a design patent, but unauthorized imitations can often be seen for sale on cross-border e-commerce platforms.
The importance of foreign patent rights
Patents, as a form of intellectual property, provide innovators with the opportunity to enjoy unique rights in a specific field. However, the protection of patent rights is closely related to territoriality. If patents are not filed in the target country, these patents will not be protected domestically. Therefore, it is particularly important for “patent rights to be protected abroad”.
How to effectively protect patent rights?
In order to effectively protect patent rights abroad, companies need to choose appropriate international patent application channels, such as PCT international patent applications or directly apply for foreign patents. In addition, patent searches and infringement risk assessments are also very necessary steps. Proper use of international patent cooperation mechanisms, such as technical cooperation with local companies or joining international patent organizations, can also provide companies with more protection.
Key strategies to deal with infringement challenges
In order to protect patent rights applied for abroad, patent holders can take a series of measures. First, monitor the market regularly to detect infringements in a timely manner. Second, collect evidence and work with a professional intellectual property lawyer to file an infringement lawsuit or take other legal action. In addition, patent holders can also work with local governments or intellectual property agencies to seek assistance and protection.
Conclusion
To sum up, the issue of patent infringement in cross-border e-commerce requires great attention. At the same time, the protection of foreign patent rights is not only a simple application and grant process, but also involves issues such as regional protection. Enterprises and innovators should actively take measures, such as choosing appropriate international patent application channels, conducting patent searches and infringement risk assessments, and rationally using international patent cooperation mechanisms, to ensure that their own rights and interests are not infringed.