(i) the validity of the infringement of intellectual property rights
This element, i. E. The infringement of intellectual property rights, must have been applied in our country and has been verified and approved by the national intellectual property agency. The validity of an intellectual property right must not expire or be subject to an application that has not yet been approved or declared invalid by the review board of the intellectual property authority. If this is not the case, no infringement of intellectual property rights can be brought。
(ii) violations must be clearly defined
This is also an element that the claimant must detail the conduct of the infringer and be able to provide sufficient evidence of the violation. In fact, this element has been detailed in our law on intellectual property and the types of violations and events that cannot be counted as violations have been identified。
(c) violations must be committed for profit and not for profit, as the case may be。
It is provided that, if an intellectual property right is used for profit, the owner's licence must be obtained by the user, otherwise it would constitute a violation of the intellectual property right. Therefore, profit-making purposes are also one of the main constituent elements of the infringement of intellectual property rights。
(iv) the violation must be the result of the subjective fault of the violator。
This element holds the infringer liable for loss of intellectual property regardless of whether the subjective fault of the infringer is the result of intentional or self-inflicted error. A tort party may also be exempt from liability if it can prove the legality of the act, but is still subject to civil liability for cessation of the tort, destruction of the tort products, etc。
Ii. How can intellectual property rights be protected when violated
Intellectual property rights are exclusive rights granted to eligible authors, inventors or owners of results for a specified period of time under national law and are generally considered to include copyright and industrial property rights。
When you find that your intellectual property rights are violated, you can defend them by:
(i) to file a complaint with the business administration and apply for an administrative review of the infringement of intellectual property rights。
(ii) exposure to news media such as newspapers, networks, etc。
(iii) collecting and preserving evidence of the violation of your intellectual property rights by the other party and, if necessary, consulting with a lawyer, who may inquire into the facts of the violation of your intellectual property rights, obtain evidence and commission notarized。
(iv) to defend the legitimate interests of their intellectual property rights by resolving intellectual property disputes in consultation with the infringer or through legal proceedings。
Legislative authority:
Article 8 of the beijing city olympic intellectual property protection regulations:
The following violations of olympic intellectual property rights are prohibited:
(i) the unauthorized use of the same or similar trademarks, distinctive signs, patents, works and other creations in production, operation, advertising, propaganda, performances and other activities
(ii) forgery, unauthorized manufacture of identical or similar trademark marks, special signs or sale of forged or unauthorized trademarks, special signs
(iii) the disguised use of the same or similar trademarks, distinctive signs, patents, works and other creative works
(iv) the use, without authorization, of the same or similar trademarks, distinctive signs, patents, works and other creations in the names of enterprises, social associations, undertakings, private non-enterprises, sites, domain names, geographical names, buildings, structures, places, etc.
(v) facilitating access to places, storage, transportation, mailing and concealment of violations
(vi) other violations of the relevant national laws and regulations。
On top of this is the latest legal knowledge on how to identify infringement of intellectual property rights, compiled for you by an online editor. In sum, intellectual property infringement should be determined in combination with the purpose, means, and extent of the result, actual loss to the infringer, etc. Of the wrongdoer. If you have any other legal questions, please consult our legal counsel。
