How to deal with foreign intellectual property disputes Article classification: Intellectual Property Agency Release date: November 16, 2019 11:45:21 Click through rate:
The regional nature of intellectual property rights has been attached great importance by the state, and there are more and more foreign-related intellectual property disputes. So, how to deal with foreign intellectual property disputes?
Foreign related intellectual property disputes
1、 First, find out the relevant situation of the other party's patent.
In practice, there is no lack of such cases. Some enterprises have publicized the technical solutions of their products in the brochures, and the products have also been sold, but the technical solutions have not submitted patent applications.
Therefore, your company should first find out whether the other party has relevant patents and whether these patents are still in the valid protection period. In view of the fact that the other party is a foreign enterprise, in order to ensure the comprehensiveness and accuracy of the survey information, your company can entrust relevant professional institutions to carry out the investigation.
2、 Prove that your company has no infringement.
If the other party has the relevant patent and the patent right is still in the protection period, it should be proved that your company has not infringed the other party's patent. In addition, only the principle of patent right for the use of utility model is covered by the principle of patent infringement.
If, before the date of patent application, the same product has been manufactured, the same process has been used, or the necessary preparation for manufacture or use has been made, and continues to be manufactured or used only within the original scope, it does not constitute infringement; for the purpose of production and business operation, the use or sale of patented products manufactured and sold without the permission of the patentee or the products directly obtained by the patented process can Those who prove the legal origin of their products shall not be liable for compensation.
In judicial practice, R & D records or documents sufficient to prove the legal source of technical information are typical evidence with high probative force.
Foreign related intellectual property disputes
3、 Actively seek reconciliation.
If after investigation and verification, your company is suspected of infringing the other party's patent right, then your company can choose to settle with the other party. Before negotiating with the other party, your company should understand the other party's purpose.
If the other party's purpose is to compete for the market and limit the production scale of competitors through patents, your company can reach a settlement by means of patent licensing, including technology cross licensing and patent exchange; if the other party is only for royalties, your company will seize the opportunity of negotiation and reach a settlement at a reasonable price.
In this way, for your company, the payment of royalties not only eliminates the risk of litigation, but also can continue to use the patent of the obligee to obtain its own interests.
4、 In the face of foreign intellectual property litigation, we should take the initiative to respond to the lawsuit and strive for the initiative.
Once the other party starts to sue, your company should actively respond to the lawsuit. The court may not support the plaintiff's claim in the end. If your company actively responds to the lawsuit, it may win the lawsuit or reach a settlement with the other party. If you do not respond to the lawsuit, it is likely to lose the lawsuit. You will face the prohibition of selling related products in foreign countries and let the market go abroad.
As the place of infringement is abroad, involving the application of foreign laws, your company should be fully prepared, actively respond to the lawsuit, study and be familiar with the provisions of relevant foreign laws and regulations, actively defend in court and safeguard its legitimate rights and interests.
5、 Seek the support of professional team and Industry Association.
Your company can seek the help of legal person who is familiar with foreign intellectual property litigation to increase the assurance of winning the lawsuit. In addition, you can also seek the help of the industry association. If your company is not the only enterprise sued in the industry, the industry association can actively organize and coordinate the responding and counterclaim of the sued enterprise, help the responding enterprise reasonably share the litigation cost, and provide various support for the enterprise.