How to deal with violations of intellectual property laws

In real life, violation of Intellectual property rights is one of the important civil rights. There are many objects of intellectual property rights. No unit or individual can illegally infringe other people's intellectual property rights, otherwise they will bear legal liability. So how to deal with violations of intellectual property laws? ?The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. How to deal with violations of intellectual property laws

If intellectual property rights are violated , the infringer must bear infringement liability, such as compensation for losses, punitive damages, cessation of infringement, etc.

"Civil Code of the People's Republic of China"

Article 123 [Knowledge Definition of property rights] Civil subjects enjoy intellectual property rights in accordance with the law.

Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademark;

(4) Geographical indication;

( 5) Trade secrets;

(6) Integrated circuit layout design;

(7 ) New plant varieties;

(8) Other objects stipulated by law.

Article 1185 [Punitive damages for infringement of intellectual property rights] If someone intentionally infringes on the intellectual property rights of others, and the circumstances are serious, the infringed party shall have the right to Request corresponding punitive damages.

2. How to identify intellectual property infringement

(1) The infringed intellectual property rights must be valid

This requirement means that the infringed intellectual property rights must be applied for in my country and have obtained national Verification and approval from the Intellectual Property Office. The validity period of the intellectual property rights must not expire, nor can the application be in progress but not yet approved, or have been declared invalid by the reexamination committee of the Intellectual Property Office. If the above validity is not met, litigation for intellectual property infringement cannot be carried out.

(2) The infringement must be clearly defined

This requirement means that the plaintiff must Provide a detailed description of the infringing party's behavior and be able to provide sufficient evidence to prove the occurrence of the infringement. In fact, my country's intellectual property laws have stipulated this requirement in detail and pointed out the types of infringements and events that cannot be counted as infringements.

(3) The infringement must be for profit-making purpose, while the infringement behavior without profit-making purpose shall depend on the circumstances.

According to regulations, if an intellectual property is used for profit, the user must obtain the owner's permission. Otherwise, it will constitute an infringement of the intellectual property. Behavior. Therefore, profit-making purpose is also one of the main elements of intellectual property infringement.

(4) The occurrence of the infringement must be caused by the subjective fault of the infringing party.

This element holds that regardless of whether the infringing party's subjective fault is intentional or caused by its own mistakes, it should be liable for the loss of intellectual property rights. If the infringing party can prove the legality of the act, it is not liable for compensation, but it still needs to bear civil liability for such infringements as stopping the infringement and destroying the infringing products.

Through the above analysis, we know that according to the provisions of the Civil Code, if the legitimate intellectual property rights of others are infringed and the rights of the intellectual property owner are damaged, the intellectual property owner can claim Liability for infringement, such as compensation for losses, cessation of infringement, etc. If you need legal help, readers can go to the Legal Savior Network for consultation.