1. The concept of patent rights
The acquisition of patent rights is based on the conditions and procedures stipulated in the Patent Law, and the application is submitted to the National Patent Office, and the invention and creation rights are granted after examination and approval. In my country, there are three main types of patents: inventions, utility models and designs. Patent rights are the exclusive rights of the creator or its assignee to the invention and creation for a certain period of time, which are manifested in the manufacture, use, promise to sell, sale and import of its patented products for the purpose of production and operation, or the use of its patented methods and the use, promise to sell, sell and import of products directly obtained in accordance with the patented methods.
2. The current situation of patent infringement in cross-border e-commerce in my country
In cross-border e-commerce, patent infringement mainly focuses on infringement of the promise to sell, import patented products or the use of its patented methods, counterfeiting of patented products, etc. For example, in recent years, many sellers in Yiwu, Hangzhou, Jiangsu, Shanghai and other places have been sued by many American wedding dress companies, who believe that the wedding dresses sold by the defendant Chinese sellers on cross-border e-commerce platforms infringed their design patent rights. At the same time, they applied to the court to freeze the funds in the PayPal accounts of cross-border e-commerce sellers for preservation, and these sellers will face high patent infringement claims.
Once a company is suspected of infringement, it is easy to be involved in litigation. Therefore, eliminating intellectual property infringement is the fundamental way to prevent risks. From the perspective of long-term development, cross-border e-commerce should focus on the creation and maintenance of its own brands and the protection of intellectual property rights in the process of development. In my country, when applying for a design patent or a registered trademark, the applicant submits the application request and design documents and other necessary documents to the Patent Office or Trademark Office of the State Intellectual Property Office through the intellectual property service platform. The examination pass rate is relatively high, the cost is relatively low, and the quality of the patent can be guaranteed.