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Attention Should Be Paid To Preserving Evidence In Exhibition Rights Protection

2011/10/19 8:55:00 41

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Attention Should Be Paid To Preserving Evidence.

It is understood that, at present,

intellectual property right

As a result, many lawyers are not familiar with the infringement cases, and there have been many mistakes in the process of safeguarding their rights.

In this regard, the reporter interviewed the Jinjiang science and Technology Bureau intellectual property division responsible person, the person in charge gives some suggestions to remind enterprises to maintain sufficient rights.

evidence

。

Network picture difficult evidence

First, enterprises need to have sufficient evidence.

When preparing to file a case in advance, the other party shall be provided.

product

Their own products prove that each other's products infringe their patents.

"By way of administrative means, the enterprise must file the case in the intellectual property section of the place where the illegal enterprise is located, so the material needed is best prepared at once, otherwise, it will increase the cost of safeguarding rights repeatedly."

The head of the intellectual property division of Jinjiang science and Technology Bureau said.

Internet images are hard to prove.

Especially those websites that issue disclaimers at the bottom of the web page.

Whether in administrative channels or in judicial proceedings, Internet images often have no legal effect and can not serve as evidence at all.

In the past, companies had issued network pictures or even covered the official seal of the notary office, but the evidence was still invalid.

At the same time, the person in charge also said: "if an enterprise wants to produce a network picture, it is best to find websites that have no disclaimers, or formal business websites, and to prove the website."

Attention should be paid to the time limit for submission of evidence.

All evidence must be issued within 15 days of the notification provided by the intellectual property department.

Administrative means are different from judicial proceedings.

In judicial proceedings, new evidence can be issued at any time during the hearing.

However, if administrative means exceed the deadline, even if the evidence is submitted in second days, it will be invalid.

Ensure that their patents are effective.

In addition, enterprises must have sufficient confidence in their patents if they tell others to infringing.

If the time of filing a patent is not as good as that of the other party, it may even be possible to overturn its patent by the other party.

At the same time, to confirm that their patents are effective, they should pay the patent annual fee in time.

If the annual fee is not paid in time, it will be resumed within one and a half years.

For example, if the patent is applied in January 1st of 2005 and 2006 does not pay the patent annual fee in time, then the patent will be resumed if the annual fee is paid before June 30, 2007.

Beyond this period, the patent will be regarded as invalid.