by WANG, Yongwen, founding partner

Of course, it can also be handed over to our professional lawyers for platform rights. The processing time of the platform is relatively fast, but if the reasons are flawed or there is doubt about the possible infringement, it may not be possible to process the results in a timely and effective manner. Besides, the platform can only get the product off the shelf, which limit the 

Moreover, it should be noted that the evidence against the defendant's infringement should be retained. If it is to be used as evidence of compensation in follow-up lawsuit, it should undertake timely notarization. According to the Chinese Patent Law, in the case of the infringement cases, the plaintiff's reasonable rights protection fees, include attorney's fees, can be borne by the defendant, when the plaintiff wins the case.efficiency when it comes to companies that constantly create new weblinks to avoid platform blockade.

Four aspects should be noted when retaining evidence:

1. The display on the website and intention to sale are the evidence of offering-for-sale infringement;

2. The evidence of sales needs to be secured in the sales process. Therefore, it is recommended that the sales and delivery of the goods and the receipt of the plaintiff can undertake notarization as evidence;

3. The evidence of production needs to be confirmed by its production qualifications, product manufacturer's mark, and trademark.

4. Pay attention to the evidence of the scale of the defendant's sales, so that it can support the judge to decide a higher and more accurate compensation amount.

The above forensic process can also be entrusted to our lawyers.

In addition, prosecute and request compensation on time. For cases with valid evidence, it is necessary to file a lawsuit to a competent jurisdiction. For now, China has established three courts specializing in intellectual property rights, namely the Beijing Intellectual Property Court, the Shanghai Intellectual Property Court, and the Guangzhou Intellectual Property Court. Evidence preservation and property preservation can be considered simultaneously before the commencement of the lawsuit.

Also noted that according to the current practice, it is recommended that the design patents should not be ignored for tangible products patent rights protection. It is more efficient than other kind of patents, i.e. Invention Patent and Utility Model Patent, because the comparison of designs is more noticeable. More importantly, the utility model and design authorized only by the preliminary examination, the more secure way to deal with the matter is to apply for an evaluation report before starting the act of defending rights, in order to determine the ability of its utility model or design to fight against invalid requests.

Brief introduction of Fair Law Firm

In 2009, due to the expansion of legal affairs, the former JohnsonIP Law Department was established as Fair Law Firm with the approval of the Guangdong Provincial Department of Justice. Fair inherited the fine traditions of JohnsonIP and rich experience, formed a core intellectual property lawyer service team, and focused on litigation and non-litigation services related with intellectual property(including patents, trademarks, copyrights, and unfair competition, etc.), and also provides other legal services related to civil, criminal, and administrative cases, including litigation services and legal counsel, and other non-litigation services.Fair aims to take intellectual property rights as a starting point, fully safeguard the company's legitimate rights and core interests, and promote the company's steady and smooth development. Most lawyers in Fair are dual-license attorneys(the PAQE certificate and lawyer’s license) with many years of exquisite working experience, which makes Fair having natural advantages in patent litigation and invalidity. Since its establishment, the business cases have been maintaining a continuous and steady growth. Some well-known customers we have served include ZTE, HUAWEI, TCL, Konka, Skyworth, Coship Electronics, Yuwen Coolpad, Kingsoft, Tencent, ZUOYOU Furniture, Qilichang Electron, Y&M Jewelry, Shenglan Electric, Yitong Automation, Lei Sheng Hardware and so on. Fair had won the customer's widely acceptance due to its professional services and dedication.