Expert He Jinxian: The protection of independent intellectual property is imminent

In recent years, the infringement cases of knowledge production such as trademarks have occurred. All famous brands are imitated and subjected to a non-discriminatory attack. Legally, these acts violate the trademarks of all companies and other property rights of products, it is illegal behavior, should be hit. But the current tort companies often do not know how to deal with the process so that the first time to respond, resulting in various losses. In this respect, industry experts, Beijing and Taizhou Fei presented Intellectual Property Limited (WWW.HCCBM.CN) operations director He Jinxian said that at present, although China has established a series of intellectual property protection system and related judicial system, but the results are not significant, some infringement of intellectual property rights "Shanzhai goods" and "counterfeit" Still, so the protection of trademarks and other intellectual property is imminent. Illustration: Expert He Jinxian (right) Case: The trademark war lasted for 10 years is a science and technology enterprise which is included in the National Torch Program project, the other side is a group of obscure, hiding-out counterfeiters. Seemingly not equal to the Battle of trademarks, has played inextricably, has lasted 10 years. The "PF-01" trademark that caused the dispute is like a life-saving straw for the copycat Shandong Eagle, which means the whole Chinese market. Dragon Ridge Chemical founder Qian Jixing said, this is his flesh and blood, is carrying on is a cannot lose war. In fact, the dispute with the Shandong Eagle is not the first time the Dragon Ridge Chemical encounter trademark disputes. Since the first time in 2000, he has repeatedly encountered trademark crash, although more civil reconciliation, administrative punishment, retain legal rights, such as relatively peaceful solution, but the experience is still tortuous, but with the Shandong Eagle this dispute escalated into a protracted trademark tangle, the most let him expend painstaking effort. At the beginning of 2002, from the first time found in Shandong Linyi Market counterfeit PF-01 brand anti-corrosion coating began, Qian Jixing constantly involved in this war. July 2007, Qian Jixing again found in Shandong Chi Eagle Production, sales counterfeit PF-01 brand anti-corrosion coatings, and once again requested the Linhai Trade and Industry bureau to help fake. Subsequently, Shandong Linyi Tancheng County Trade and Industry Bureau according to complaints, the seizure of Shandong Chi Eagle Inventory of counterfeit PF-01 brand anti-corrosion coating 1.78 tons. When the copycat appeared, Qian Jixing changed the strategy, "anti-counterfeiting to this step, we need to find a group of professional rights groups." He found the He Jin stove. At the beginning of the new millennium, He Jinxian began to engage in trademark patent Copyright Agency work, at the same time, he also served as Taizhou fly Intellectual Property Limited and Beijing flying to the intellectual Property limited operations director. In He Jinxian's view, all trademarks, trade names, domains, patents, designs, etc. used in business are all intellectual property rights that are not free to use without the permission of the obligee, and should be protected according to law. Qian Jixing's rights protection is a typical trademark rights protection, but also should be more targeted and combat efforts, through the overall layout, the existing laws and policies to use full before the line. In his idea, this kind of trademark protection is defined as: to clean up the market for the obligee, to safeguard the legitimate rights and interests of the parties. Since then, the moneyJi Xing's way of defending the rights has turned. December 23, 2012, the Longyan Intermediate People's Court to make a civil first-instance judgment, to support the long ridge chemical put forward the cessation of infringement and compensation claims, decree Shandong Chi Eagle Compensation Dragon Ridge Chemical loss 350,000, April 9, 2013, Fujian Provincial High Court upheld the original decision. Why is it so hard to defend the rights? Enterprises generally believe that the trademark (patent) rights protection is first notarized, and then sued. Has more than 10 years engaged in the trademark Patent Copyright Agency Experience He Jinxian thinks, the true meaning of the rights "is to the infringer ' moral sanction ' and ' legal sanction ' combination, the ultimate goal is to make the enterprise to recover the loss, so that the infringer did not dare nor need to counterfeit other people's trademarks (patents). In He Jinxian's view, the cause of the difficult right now, there are legal loopholes, there are technical difficulties. Although the government is also on a regular basis to carry out training, but mostly relatively broad, enterprises can not get "tailored" intellectual property programs, neither know how to establish a protection system for intellectual property rights, and do not know how to protect the rights of infringement. "In fact, small micro-enterprises trademark (patent) awareness of the weak, lack of professional guidance, trademark (patent) application and protection of professional institutions are less, are leading to the difficult reasons for trademark rights." "In He Jinxian more than 10 years of intellectual property, more than half of the time spent on rights." He said: "Comparatively speaking, the most difficult place to defend, the hardest is to obtain the right to claim the benefit of the basis for the evidence of the problem, the infringer's books and sales reports and other information is often carefully hidden, the right people are difficult to obtain." He disguised himself, was threatened, and was surrounded. Tasted the taste of victory, but also experienced bitterness and helplessness, his feelings also become more and more complex. "Although the difficulty is great, but the right has to dimension!" "He knows the miserable entrepreneurs who have done everything they can to sell their real estate for product development and market cultivation, and they have made a wedding dress for others." Early intervention of enterprises to reduce the cost of rights in the process of many trademark crackdown, He Jinxian on the rights of attack and landing on the road has a different view. According to his experience, in order to ensure the expected effect of an activist business, it is usually necessary to set up a 5-member Intellectual property rights team, according to different cases, the elaboration of a comprehensive rights program, "and suggested that enterprises should intervene early, so that in the formulation of the plan can be more solid, to avoid detours, Reduce the cost of rights as much as possible. "For small and medium-sized enterprises with small funds, his proposal is not necessarily to register a large number of joint trademarks and apply for multiple patents, but it is necessary to apply for protection of the trademarks of the dominant product category, so that even if a certain element has been registered with the Enterprise, the trademarks of other elements will not be dismissed, If a company's business firm has not been able to register trademarks, can apply for graphic trademarks or another brand name for trademark registration. If you want to further reduce the cost of protection, you can send a letter of attorney to the tort party to warn. The letter of attorney generally will reply, in the early stage of the rightsfunction is very large. If you must go to the administrative or judicial rights of way, can first by the corresponding functional departments to file a complaint, or through the company's rights of cooperation Network to mediate, is the current low-cost, more efficient way, at the same time to do a good job of collecting and sorting evidence, to prepare for litigation. He Jinxian The importance of intellectual property protection in a phrase commonly used by Wen Jiabao: "The world's future competition is the competition of intellectual property." "In the complex rights on the road, he always pay attention to the central government's attitude towards intellectual property protection, from the party's 17 major reports mentioned in the" Implementation of intellectual property Strategy "to the 18 report to add" enhanced intellectual property protection "content, He Jinxian that National macro-level is increasingly increasing the provision of legal and policy support for intellectual property protection. At the same time, he also has his own expectations of the future, he said, the road of rights is doomed to go, but will continue to go on in this line. (Lin Xiaorong, Zhou)