1. Limitation of action for intellectual property The Supreme People’s Court pointed out in the “Several Provisions on the Application of Law in the Trial of Patent Dispute Cases” that the limitation period for patent infringement is two years, calculated from the date when the patent owner or interested party knows or should know of…
Copyrights are made up of works in the fields of natural sciences, social sciences, literature, music, drama, painting, sculpture, photography and cinematography. Copyright is the legal right of a certain unit or individual to print, publish and sell a certain work. Anyone who wants to copy, translate, adapt or perform, etc., needs to obtain permission…
1. Main characteristics of intellectual property Intellectual property has the following main characteristics: First, intellectual property is essentially the intangible property of mental workers. By rationally utilizing intellectual property, mental workers can obtain corresponding benefits; second, intellectual property is exclusive to the individual or organization that created it; third, intellectual property is only valid within…
Works in the traditional sense are mainly expressed in the form of manuscripts, printed materials, and audio-visual works, and the boundaries between the works can be said to be clear. In the network environment, due to the development of digital technology, almost all works can be freely digitized through computers, so information can be freely…
No matter which method is chosen to pursue the legal liability of the intellectual property infringer, the parties need to provide relevant evidence to the relevant presiding authority, including evidence proving the validity of the intellectual property rights (rights evidence) and evidence showing that the intellectual property rights have been infringed (rights evidence) and evidence…
There are three methods for calculating the amount of compensation for trademark infringement: ① The profits obtained by the infringer during the infringement period can be calculated based on the sales volume of the infringing goods multiplied by the unit profit of the goods; if the unit profit of the goods cannot be ascertained, it…
Intellectual property infringement liability and intellectual property infringement behavior are two closely related but different concepts. Literally, intellectual property infringement liability is the liability caused by intellectual property infringement behavior. Therefore, to clarify what is intellectual property infringement liability, we must first clarify what is intellectual property infringement behavior. Intellectual property infringement behavior and infringement…
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…
In my country’s intellectual property law system, which is mainly composed of the Trademark Law, the Copyright Law and the Patent Law, the main liability forms for infringement are to stop infringement, compensate for losses, eliminate impacts, and apologize. Stop infringement. It means that the patent infringer should immediately stop the ongoing patent infringement according…
After the reform and opening up, my country entered the “fast lane” of intellectual property legislation. The “Trademark Law”, “Patent Law”, “Copyright Law”, “Anti-Unfair Competition Law” and other intellectual property laws and regulations were successively issued, and a relatively complete basic framework of intellectual property law was gradually established. In the 1980s and 1990s, my…