With the rapid development of e-commerce, more and more merchants have joined the e-commerce platform, but the accompanying “intellectual property” issues have become increasingly prominent. What should you do if your product is infringed? What should you do if you accidentally infringe someone else’s product? So, let’s learn how to deal with foreign patent complaints?
1. Four types of intellectual property rights.
1. Trademark: A word, logo, symbol or design that distinguishes goods or services. Sellers should independently query the trademark database to ensure that product names, trademarks and designs do not infringe on the trademark rights of others.
2. Copyright: Copyright is the legal protection for the author’s works. Sellers must ensure that the product descriptions, pictures, videos, etc. they publish do not infringe the copyright of others.
3. Appearance design: Sellers should try their best to design a novel and unique appearance to avoid infringing on others’ exclusive design rights.
4. Patent: Patent is the exclusive right to invention and creation, which is the result of highly innovative technological concepts. Before listing products, sellers need to ensure that the products do not infringe the patent rights of others.
2. The following cross-border e-commerce activities are infringements.
1. Infringement of trademark rights.
Selling products with unauthorized brands and merchandise with brand logos.
2. Copyright infringement.
1) Copy and use other sellers’ product details.
2) Sell copies of media products such as books, movies, music, art, paintings, etc.
3. Infringement of design.
1) Involves appearance design.
4. Infringement of patent rights.
1) Product invention: manufacturing, using, transferring, leasing, and importing the product.
2) Processing process: Use this process or subscribe to the use of this process.
3. How to deal with foreign patent complaints.
1. Trademark rights.
A copy of proof of license may be required for review.
2. Copyright.
1) Documents with equivalent proof and a copy of the work marked with your name or any material proving that you are the creator.
3. Appearance design.
If a notice of design infringement is received, it proves that the complainant’s design has not been infringed.
4. Patent rights.
If you receive a notice of patent infringement, you may need to provide documents. Repeated infringements of intellectual property rights may cause the seller’s account to be permanently closed.
The above introduction is about receiving Relevant knowledge on how to handle foreign patent complaints. If you receive a foreign patent complaint, you need to carefully read the complaint letter to understand the other party’s accusations and requirements, and confirm whether the other party is a legal patent holder. If this is indeed the case, consider reaching a settlement or licensing agreement with the other party to avoid possible legal risks. If a settlement cannot be reached through negotiation, local legal procedures must be followed. Please note that due to the complexity of patent laws, it is recommended to seek the advice of a professional attorney when dealing with such issues.