The company encountered foreign intellectual property disputes, how to deal?




Release time:2016-08-09

When your company encounters a foreign-related intellectual property dispute, it should analyze it comprehensively and deal with it calmly:


One is to find out the relevant situation of the other party's patent. In practice, there is no lack of such situations. The technical solutions of some enterprise products have been publicized in brochures and the products have been sold, but the technical solutions have not submitted patent applications. Therefore, your company should first find out whether the other party has the relevant patents and whether these patents are still under effective protection. In view of the fact that the other party is a foreign enterprise, in order to ensure the comprehensiveness and accuracy of the investigation information, your company can entrust relevant professional institutions to conduct the investigation.


The second is to prove that your company has no infringement. If the other party owns the relevant patent and the patent right is still within the protection period, you should prove that your company has not infringed the other party's patent. According to the general principle of patent infringement judgment, for invention patents and utility model patents, only the use of all the necessary technical features of the independent claims in the claims is covered, and the use of the act has the purpose of production and operation constitutes infringement. If the same product has been manufactured, the same method has been used, or the necessary preparations have been made for manufacturing and use before the patent application date, and the manufacturing and use only continue within the original scope, it does not constitute infringement; the use or sale for production and business purposes does not know that it is A patented product manufactured and sold without the permission of the patentee or a product directly obtained by the patented method can prove the legal origin of the product, shall not be liable. In judicial practice, research and development records or documents sufficient to prove that the source of technical information is legal are typical evidence with high probative force.


The third is to actively seek reconciliation. If, after investigation and verification, your company is suspected of infringing the other party's patent rights, then your company can choose to settle with the other party. Before negotiating with the other party, your company should understand the purpose of the other party. If the other party's purpose is to compete for the market and limit the production scale of competitors through patents, your company can use patent licensing, including technology cross-licensing and patent swaps to reach a settlement; if the other party is only for the use of fees, your company will seize the opportunity to negotiate and reach a settlement at a reasonable price. In this way, for your company, the payment of royalties not only avoids the risk of litigation, but also allows you to continue to use the owner's patents to obtain your own benefits.


Fourth, in the face of foreign-related intellectual property litigation, we should take the initiative to respond to the lawsuit and strive for the initiative. Once the other party sues, your company should actively respond to the lawsuit, the court may not ultimately support the plaintiff's claim, your company actively respond to the lawsuit may win or reach a settlement with the other party, and not respond to the lawsuit is likely to lose the lawsuit, will face a ban on the sale of related products abroad, to give way to foreign markets. Since the place of infringement is abroad and involves the application of foreign law, your company should be fully prepared, actively respond to the lawsuit, study and be familiar with the provisions of relevant foreign laws and regulations, actively defend in court, and safeguard its own legitimate rights and interests.


The fifth is to seek the support of professional teams and industry associations. Your company can seek the help of legal persons familiar with foreign intellectual property litigation to increase the chances of winning the case. In addition, you can also seek the help of the industry association. If your company is not the only one that has been sued in the industry, the industry association can actively organize and coordinate the respondent enterprise to respond to the lawsuit and counterclaim, help the respondent enterprise to share the litigation costs reasonably, and provide various aspects for the enterprise. Support etc.