In recent years, infringement cases of counterfeit and shoddy goods have been common, which not only damage the interests of consumers, but also bring huge economic losses and reputational losses to corporate brands. So, in the face of counterfeiting and infringement, how should corporate brands collect evidence and conduct litigation?
1. How to collect evidence of infringement:
After discovering the infringement, the corporate brand first needs to collect evidence. Evidence includes, but is not limited to, the following:
1.Invoices, receipts and other documents obtained when purchasing infringing goods;
2.**, and other image materials of the infringing goods;
3.Identification report of infringing goods;
4.Promotional materials of merchants selling infringing goods, etc.
2. Rights Protection Strategy:
After collecting evidence, the corporate brand owner may file a complaint with the relevant administrative authority to request that the infringement be investigated and punished. After receiving a complaint, the administrative authority will conduct an investigation and deal with the infringement accordingly based on the results of the investigation. If the administrative authority determines the existence of an infringement, it may take the following measures:
1.Order cessation of the infringement;
2.Confiscation of infringing goods;
3.Impose administrative penalties such as fines on infringing merchants.
3. The brand file a lawsuit:
If the result of the administrative agency fails to achieve the desired effect, the corporate brand can choose to file a lawsuit. Before filing a lawsuit, the corporate brand needs to prepare the following materials:
1.Indictment;
2.Evidentiary materials;
3.Relevant laws and regulations.
When filing a lawsuit, corporate brands need to pay attention to the following points:
1.Generally speaking, the court in the place where the infringement occurred or where the defendant is domiciled has jurisdiction;
2.Pay attention to the statute of limitations, the statute of limitations for general civil litigation is two years;
3.In the course of litigation, it is necessary to actively present evidence and cross-examine the evidence of the other party.
4. Enforcement after winning the lawsuit
If the corporate brand wins the lawsuit, the court will issue a judgment and award the defendant to be liable for damages. The corporate brand may apply to the court for compulsory enforcement in accordance with the judgment and require the defendant to perform the content of the judgment. In the implementation process, corporate brands need to pay attention to the following points:
1.Actively cooperate with the court's enforcement work and provide necessary assistance;
2.Pay attention to the enforcement period and apply for an extension of enforcement in a timely manner
3.If the defendant does not perform the content of the judgment, he may apply to the court for compulsory enforcement and require the defendant to perform the content of the judgment.
In short, in the face of counterfeiting and infringement, corporate brands need to take active measures to prevent and respond. In the process of evidence collection and litigation, it is necessary to ensure the authenticity and integrity of the evidence, select a suitable court to initiate litigation, and actively present and debate evidence in the process of litigation. If enforcement is required after winning the lawsuit, it is necessary to actively cooperate with the court's enforcement work to ensure that the content of the judgment is effectively enforced.
Anti-counterfeiting company risk ** mode:
Enterprises entrust intellectual property anti-counterfeiting companies to fight counterfeiting, without charging any fees, advance the upfront costs needed to protect rights, and the enterprise sits and waits for the benefits, and at the same time the compensation is shared, as well as the effect of advertising infringement off the shelves!