How to conduct Forensic appraisal of intellectual property rights
Intellectual property rights include many types. For different types, the judicial appraisal is Different.
1. Forensic appraisal of trade secret cases: span>
1. Whether the information claimed by the rights holder is not known to the public ;
2. Whether the information claimed by the rights holder has economic value sex, practicality;
3. The accused infringing party Whether the information is the same or similar to the non-public information of the right holder;
4. Other appraisal matters related to trade secrets.
2. Forensic appraisal of patent cases:
1. Whether the technical features of the allegedly infringing product or method are the same or equivalent as those of the patent;
2. Based on the evidence provided by the defendant, determine whether the accused infringing technology is a publicly known and public technology that has been disclosed before the plaintiff’s patent application date. ;
3. Whether the design of the allegedly infringing product is the same as or similar to the plaintiff’s design patent;
4. Whether the invention or utility model for which the patent right is granted is novel and creative;
5. Whether the invention and utility model patent specifications fully disclose the technical solutions;
6. Others.
3. Judicial appraisal of copyright/copyright cases: span>
1. Whether the rights holder’s work is original;
2. Whether the allegedly infringing work is the same or similar to the right holder's work;
3. In software copyright, the identity of the software code is identified.
4. Judicial appraisal of trademark cases:
1. Whether the alleged infringing trademark is the same as or similar to the right owner's registered trademark;
2. Others.
5. Judicial appraisal of technology contract cases:
1. Whether the technical achievements of technology development contracts, technology transfer and other contracts meet the technical standards agreed in the contract or have major technical defects;
2. Whether the technical documents delivered by the transferor to perform the technology transfer contract meet the standards agreed in the contract;
3. Whether the technical guidance provided to perform the contract complies with the technical service content stipulated in the contract; ④ Others.6. Forensic Appraisal of Integrated Circuit Layout Design Cases
By comparing the infringing products with the rights holder’s integrated circuit layout Identify whether the pictures are the same or equivalent.
7. Judicial appraisal of other intellectual property cases:
The name, packaging, decoration and rights of the allegedly infringing product Whether the name, packaging, and decoration of the product are the same or similar; others.
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