With the development of the economy and the improvement of people's living standards, the outer packaging design of commodities has attracted more and more attention. However, while pursuing aesthetics, many companies ignore the protection of intellectual property rights, resulting in infringement of their products from time to time. Among them, the design patent right is an important intellectual property right, and its infringement has become an issue that cannot be ignored.
Compensation standard for design patent infringement:
When dealing with design patent infringement cases, the standard of compensation for infringement is a core issue. Generally speaking, the standard of compensation for infringement includes the following aspects:
1.The amount of profit made by the infringer. That is, the amount of profit made by the infringer from the sale of the infringing product, and the determination of this amount needs to consider factors such as the number of sales of the infringing product, the unit price of the sale, and the profit margin of the infringing product.
2.Losses of the infringed party. That is, the losses suffered by the infringed party due to the infringement, and the determination of such losses needs to consider factors such as the sales quantity, sales unit price, and sales profit margin of the infringed products.
3.The degree of subjective malice of the infringer. That is, whether the infringer has subjective intent or negligence, and if there is subjective malice, the amount of tort compensation should be increased.
4.The impact of the infringement on the infringed party. That is, whether the infringement will have an impact on the goodwill, brand image and other aspects of the infringed party, and if so, the amount of compensation should be considered.
5.Other factors. For example, factors such as the scale of the infringer's business, the status of its assets, the nature and duration of the infringement, etc., will also have an impact on the amount of compensation.
The right holder files a lawsuit:
When the right holder discovers that his or her design patent right has been infringed, he may file a lawsuit with the people's court. When filing a lawsuit, the right holder needs to provide the following evidence:
1.Appearance patent certificate and related documents. A document proving that the right holder owns the right to the design patent.
2.** or physical product of the infringing product. Prove that there is a similarity between the infringed product and the patented product of the right holder.
3.Evidence of infringement. Such as sales contracts, invoices, payment vouchers, etc., of infringing products, etc., to prove the existence of infringement.
4.Other relevant evidence. For example, information such as the manufacturer and sales channel of the counterfeit product and the infringing product found by the right holder in the market, as well as other evidence related to the infringement.
In case of patent infringement, you can entrust an anti-counterfeiting company:
Enterprises entrust intellectual property anti-counterfeiting companies to do not charge any fees, pay the upfront costs needed to protect rights, and the enterprises sit and wait for the benefits, and at the same time share the compensation, as well as the effect of advertising infringement off the shelves!
When filing a lawsuit, the right holder may choose to list the infringing party as the defendant and require it to bear the corresponding legal liabilities, including stopping the infringement and compensating for losses. If the right holder's claim is upheld, the court will order the defendant to bear the corresponding legal liability and compensate the right holder for its losses. If the defendant is not satisfied with the judgment, he may appeal to the people's court at the next higher level.