intellectual property law

In the field of intellectual property rights, patent prosecution is an important procedure, used to ensure the effective exercise of patent rights and protect the fairness of market competition. This article will introduce the basic concepts of patent prosecution and the requirements for filing a lawsuit. The Concept of Patent Prosecution Patent prosecution is a legal procedure aimed at ensuring the effectiveness and fairness of the patent system. When anyone believes that a patent right is invalid, he or she can file a complaint with the relevant agency to claim that the patent is invalid. In this procedure, the initiator plays the role of supervising the patent system and promoting the correct use of patent rights to protect public interests and the fairness of market competition. The validity of patent rights is crucial to product innovation, technological development and market competition. However, sometimes patent rights can be disputed or misused. …

I found that someone else was using my trademark without permission in their online store. What should I do? 1. Take Immediate Action First, take immediate action when you discover that your trademark has been misappropriated. This includes confirming and recording all infringement-related information, including the infringing party's URL, product page, product description, price, etc. Detailed records assist in subsequent legal proceedings. 2. Contact the infringing party Try to contact the infringing party directly and ask them to stop using your trademark. Sometimes it may be a misunderstanding and direct negotiation with the other party may resolve the issue. When contacting the other party, remain calm and professional, and keep a record of the communication. 3. Write a formal notice via letter If direct contact with the infringing party is unsuccessful, an attorney's notice may be the next step. This letter…

The theft of images by sellers on auction websites is an increasingly serious legal issue, involving many legal issues such as intellectual property and copyright. This article explores these legal issues and how parties should respond. 1. Stolen pictures involve copyright infringement. On auction websites, sellers’ behavior of stealing other people’s photos or pictures may involve legal issues of copyright infringement. This topic is explored in more detail below. Scope of Copyright Protection Copyright is a legal right that grants the original author the exclusive right to use his or her creation. This includes photographs, illustrations, graphics, etc. When sellers use these works without authorization, they may infringe the copyright of the original creator. Rights of the Copyright Holder Copyright holders have a number of rights, including reproduction,…

Introduction The purpose of registering a trademark is to protect an enterprise's unique brand identity. However, when an enterprise discovers that its registered trademark has been counterfeited by others, it should take prompt and decisive legal remedies. This article will discuss possible legal remedies from the perspective of a professional lawyer when a registered trademark is counterfeited by others. 1. Determining the infringement of trademark counterfeiting When an enterprise discovers that its registered trademark may be counterfeited by others, confirming the infringement is the first step to formulate an effective legal remedy strategy. This section will delve into the key steps in identifying an infringement. 1. Trademark similarity comparison First, companies should carefully compare the similarities between registered trademarks and suspected counterfeit trademarks. This includes comparisons of text, graphics, colors, etc. With the help of professional lawyers, you can…

The relevant trademark law refers to "the same or similar registered trademark or previously applied trademark of others for the same or similar goods or services, which may cause confusion and misunderstanding among relevant consumers." The trademark law refers to "the same or similar trademark as the same or similar trademark of others." "Registered trademarks or previously applied trademarks for goods or services may cause confusion and misunderstanding among relevant consumers." This usually refers to the protection within the scope of trademark rights. When a trademark is similar to a trademark that has been registered or previously applied for by others, and the two involve the same or similar goods or services, it may cause confusion and misunderstanding among relevant consumers. Criteria for judging whether there is a risk of confusion or misunderstanding. In general, judging whether a consumer is at risk of confusion or misunderstanding is a comprehensive assessment that requires...

Introduction "Trademark cockroaches" refer to those who take advantage of trademark legal loopholes to register other people's trademarks first and charge high fees to trademark users. Regarding the iPad trademark cockroach case, I found a very detailed article², as follows Here is my legal analysis of this case: 2012 Trademark Infringement Case: Apple vs. Proview In 2012, Apple encountered a trademark infringement case in China. At that time, a company named Proview claimed ownership of the "iPad" trademark and Asking Apple to pay high compensation. Proview claimed that the company had registered the "iPAD" trademark as early as 2000 and transferred it to a company called...

What should you think about before applying for a patent? Applying for a patent is a long-term process that requires a lot of time and energy. Therefore, before starting the process, first have a clear idea of what it is you want to patent so that the process can be customized for you. Generally speaking, the steps to apply for a patent are as follows: First, you need to determine whether your idea has not yet been patented. This can reduce unnecessary disputes you may encounter when applying for a patent. In addition, you can also search for patent information by visiting the patent database, and record your ideas and research results for subsequent reference. Secondly, you need to arrange your patent resource identification (PRD) plan, which can help you clearly evaluate your patent idea and decide the best date to apply for a patent. exist…

What is trademark infringement? What are the forms of trademark infringement? As trade becomes more frequent, trademarks are used more widely, and trademark infringements are also increasing. What exactly is trademark infringement will be explained in detail in this article. 1. What is trademark infringement? Trademark infringement refers to any behavior that violates legal provisions and damages the trademark registrant’s exclusive right to use the trademark without the permission of the trademark registrant. Trademark exclusive rights, also known as trademark rights, refer to the rights granted by law to trademark owners to control their trademarks, including the right to use, the right to prohibit and the right to dispose of. As far as registered trademarks are concerned, both the right to use and the right to dispose require the trademark owner or the assignee of the trademark right to use the approved registered trademark on the goods or services approved for use; but the scope of the prohibition right is not limited to this, trademark rights...

What is patent litigation? What are the classifications of patent litigation? What are the basic techniques for patent litigation? The following article will explain these issues to you. 1. Basic Overview of Patent Litigation Patent litigation refers to the general term for various lawsuits involving various lawsuits related to patent rights and related rights and interests conducted in court by parties and other litigation participants. Patent litigation in a narrow sense refers to litigation activities involving patent rights as the subject matter after the patent right is granted. Patent litigation in a broad sense can also include litigation involving the ownership of the application rights during the patent application stage, litigation arising from the licensed implementation of the patented technology, litigation to determine the identity of the inventor, and whether the patent application can be granted during the review stage. Litigation over patent rights and matters involving patent applications that occurred before the patent rights were granted...

Notes on Patent Licensing Contracts A patent licensing contract is an agreement entered into by a company when licensing its innovative technology or products to others. This is crucial to the protection of intellectual property rights and the establishment of cooperative relationships. When formulating or signing a patent licensing deed, the following are some things that should be paid special attention to: Clear and unambiguous definitions In a patent licensing deed, definitions are the cornerstone of ensuring that the contract is properly executed. The following are some details that require special attention: 1. Specific definition of patent scope Ensure that the contract clearly and unambiguously defines the scope of the patent involved. Clearly enumerate the specific technical features of the patent to ensure that both parties have a consistent understanding of the authorized content. This prevents future disputes over the scope of the patent and ensures the enforceability of the contract. 2. Clear definition of rights of use…