1. Send a warning letter
If the infringement and consequences are not very serious, and the suspected infringing enterprise is not too big, the right holder can send a warning letter to remind the other party and ask it to stop the infringement.
2. Use platform rules to solve
Once the right holder finds that his intellectual property rights have been infringed by others, he should preserve evidence in time and fix the evidence. If the infringement is minor, you can consider making an online infringement complaint through the platform’s intellectual property protection channel, and the platform will investigate the infringement. Once it is determined that it constitutes infringement, the platform will take the initiative to delete the link to the infringing product and stop the infringement at the source.
3. Complain or report
This is to ask the intellectual property administrative authority to handle it according to law, that is, to deal with intellectual property disputes or infringement related to intellectual property and other illegal activities. If the right holder finds that his trademark right is suspected of being infringed, he should promptly file a trademark infringement complaint with the industrial and commercial administrative department, and the industrial and commercial department will investigate and deal with it. If it constitutes infringement, the industrial and commercial department will impose administrative penalties in accordance with the law; if the infringement is serious and suspected of a crime, you can also report it to the public security organ, which will file a case for investigation and pursue the criminal liability of the infringer according to law.
4. Negotiation
Negotiation refers to the activities in which the two parties, on the basis of voluntary mutual understanding and in accordance with the provisions of relevant laws, reach a settlement agreement on their own through direct consultation and negotiation after an intellectual property dispute occurs, so as to resolve the dispute.
5. Mediation
Mediation refers to the activities in which the People’s Court, arbitration institution or mediator, upon application by both parties, mediate after an intellectual property dispute occurs, so that the two parties make concessions to each other on the basis of voluntary consultation and reach an agreement, so as to resolve the dispute. my country has currently established online rapid mediation mechanisms such as copyright disputes, which are conducive to the economic and rapid resolution of intellectual property disputes.
6. Arbitration
Arbitration refers to a dispute resolution system in which the two parties to an intellectual property dispute reach an agreement on a voluntary basis, submit the dispute to an arbitration institution for trial, and the arbitration institution makes a ruling that is binding on both parties to the dispute. The parties may require the other party to assume responsibility or perform obligations based on the arbitration award or mediation document, or request the People’s Court to enforce it.
Currently, more and more arbitration institutions are conducting intellectual property arbitration and mediation business for the market, and the demand of domestic and foreign innovative entities for resolving intellectual property disputes through arbitration and mediation is growing. However, intellectual property arbitration and mediation services still have problems such as inefficient and smooth working mechanisms, insufficient business focus of relevant institutions, and lack of capacity improvement. The “Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Improving the Multi-dimensional Resolution Mechanism for Contradictions and Disputes” (Zhongbanfa [2015] No. 60) and the “Notice of the State Council on Issuing the 13th Five-Year Plan for National Intellectual Property Protection and Utilization” (Guofa [2016] No. 86) proposed to strengthen the construction of industry-specific and professional people’s mediation organizations, improve the arbitration system, improve the multi-dimensional resolution mechanism for intellectual property disputes, and actively build a large-scale intellectual property protection work pattern. It is necessary to select a group of institutions and focus on supporting them to strengthen capacity building and improve the level of resolving intellectual property disputes, thereby enhancing the social awareness and recognition of arbitration and mediation work and strengthening the construction of the intellectual property protection system. Promote arbitration and mediation and other intellectual property protection channels to form an organically complementary and interconnected large-scale protection work pattern, reduce the cost of intellectual property rights protection and protection, and form a harmonious market order that quickly and effectively settles disputes.