Intellectual Property Protection in Foreign Trade Sales

1. offline Canton Fair involved in the relevant intellectual property rights provisions

Only complaints about patents, trademarks and copyrights are accepted, in addition intellectual property rights are not accepted, can not be judged on the spot whether or not to infringe, inadmissible, including large machinery and equipment, precision instrument internal structure, product manufacturing methods, can only be invalidated in the form of specific written materials, telephone calls or e-mails, the respondent can not make "non-infringement" evidence on the spot, or the respondent may be "self-removed" or "suspended" The products that have been found to have been infringed by judicial judgment will be permanently disqualified from the Canton Fair if they continue to be exhibited at the Canton Fair.

2. How does the right holder find the infringement and how to deal with the infringement?

The display mode of the online Canton Fair, including text, pictures, video, and some products may also have VR panoramic rendering mode.

The advantages of online Canton Fair in the evidence of infringement of intellectual property rights are: easy access to verify the identity of suspected infringers, online access to infringement clues, live mode will make design, trademark and copyright infringement is easier to detect and collect evidence. In addition, the disadvantage of online Canton Fair tort evidence collection is that for some categories and products, inventions and utility models have basically lost the possibility of intellectual property complaints.

(1) Distinguish 16 categories of goods: design advantages of the category of goods mainly include electronic and home appliances, lighting, textile and clothing, footwear, home decoration, office, luggage and leisure goods category; Crafts and toy supplies; hardware tools, building materials, consumer goods and food are largely withlittle intellectual property rights.

(2) To clarify the status quo of intellectual property protection of the enterprise itself: It is recommended that exhibitors communicate patent certificates, trademark certificates, copyright registration certificates, etc. in advance to the staff participating in the exhibition in advance, and suggest the use of color copies;

(3) Five ways to judge infringement: design: is the infringement of the product in the online exhibition hall pictures, and the design patent certificate on the picture comparison; Invention and utility model: It is recommended to trace the infringer first, and then take the method of buying goods offline to obtain evidence.

(4) Tort Complaint Requirements: It is recommended that exhibitors refer to the specific rules of the "Complaints and Treatment Measures for Alleged Infringement of Intellectual Property Rights at the Canton Fair", and that these steps can be basically followed by proof of who you are, proof of rights, clarity of the infringer and infringement;

(5) Tort evidence collection: online Canton Fair evidence must invite notaries to operate, the manufacturer's self-evidence may not be accessible by the court;

(6) Tort prosecution: It is recommended that exhibitors entrust law firms to file infringement lawsuits, asking the other party to ban the sale of goods or pay compensation.

3. exhibitors how to avoid infringement?

Note: Don't try to make a big name; the most cases in copyright are image infringement, up to 90%; so exhibitors are advised not to experiment with pictures on the Internet, as far as possible to design their own pictures, their own original pictures.