Enterprises inevitably encounter the problem of anti-counterfeiting and rights protection of intellectual property rights in the process of operation, and many enterprises do not know how to deal with it. Some companies choose to give up, because they are not professional, so it is difficult to protect their rights; There are also some companies that choose to be stocked and let it go, believing that the cost of rights protection is too high; Some companies believe that counterfeiting has great benefits for improving the popularity of their products......
Enterprises should create a benign intellectual property environment in order to benefit sustainable development, and it is even more difficult to defend their rights when they are terminally ill.
1.Evidence preparation
Evidence preparation is crucial before initiating a judicial process. When preparing evidence, the right holder may collect evidence on its own or entrust a professional institution to collect evidence. However, due to the irregularity of the evidence collection process, the low degree of admissibility in court cross-examination, coupled with the strong professionalism of intellectual property cases, it is also difficult to collect evidence, so it is recommended that the right holder should entrust a professional to collect evidence on its behalf. The right holder should try to adopt the method of notarization and evidence collection when collecting evidence, because when there is no contrary evidence sufficient to overturn the evidentiary validity of the notarized evidence, the evidence obtained by the notarized evidence collection will directly become the basis for the court to determine the facts.
In addition, if the right holder has a situation where the evidence may be lost or difficult to obtain in the future before the lawsuit is filed, it may apply to the court for pre-litigation evidence preservation, and may also report the infringement to the corresponding administrative organ when the infringement is discovered, and the administrative organ will investigate and deal with it and keep the evidence.
2.Determination of the amount of compensation
At present, the compensation for intellectual property infringement in China is mainly based on the principle of making up for the damage, so the right holder should actively prepare evidence of the amount of damage it has suffered, or actively investigate the benefits obtained by the infringer due to the infringement. When determining the amount, it shall include reasonable expenses paid by the right holder to stop the infringement. In this way, the court can well support the rights holder's claim. In the case that none of the former can be determined, the court shall give statutory damages of between 10,000 yuan and 500,000 yuan (100,000 yuan for the patent) based on factors such as the type, nature, scope and circumstances of the infringement.
Even if it is a statutory damages, the court may also make a discretionary determination on this basis if there is evidence that the actual losses of the right holder are greater than the statutory damages. Therefore, even in the same type of case, the amount of compensation awarded may be completely different depending on the amount of evidence.