Image source: Tu Chong's creativity
In the TRO, if you judge your infringement and want to keep the store and the frozen funds in the store, in addition to going through legal procedures, you can also choose to entrust a lawyer to settle with the opposing lawyer out of court. After contacting the lawyer, you can negotiate with the lawyer to determine the time and place of out of court settlement. At the same time, you need to convey the core contents of negotiation with the other party, such as infringement facts, compensation amount, etc., to the lawyer so that the lawyer can give professional suggestions in the process of settlement. In the process of settlement, lawyers can try to determine the scope of TRO and provide effective evidence materials, so as to contact the plaintiff to reduce the share of settlement funds. Finally, through reconciliation negotiation, the settlement amount was communicated, and after reaching a consensus, the other party was asked to withdraw the lawsuit and contact the platform to unfreeze the store. Consult immediately
What types of evidence are available?
1. Provide evidence of prior use to prove that we have used the patent or trademark before the plaintiff's patent or trademark application came into effect. For example, before the patent application is submitted, the product has been sold and relevant sales evidence has been retained. In addition, it can also provide evidence that the relevant test report date in the use process is earlier than the patent application date.
2. Invalid property rights:
① Patent products have substantial new problems of patentability.
② The patent specification does not fully disclose the contents of the invention. For example, the patent specification only discloses some basic structures and operation modes, but does not describe and disclose some key technical features and processes in detail, which makes it impossible for technicians in the relevant fields to fully understand and master the technical essence of the patent.
③ The content of copyright is not deterministic and is subject to change with time and circumstances, which may lead to different interpretations and interpretations from the original definition of copyright.
④ When the plaintiff applied for patents, trademarks and copyrights, there were some dishonest acts and fraudulent acts: some applicants would forge patent documents or submit false registration application materials in order to obtain approval quickly, which seriously violated relevant regulations and infringed the legitimate rights and interests of others. Secondly, some applicants deliberately conceal the truth or exaggerate the facts in the application process, which will also affect the fairness and legitimacy of intellectual property rights. Consult immediately
three Provide the purchase contract or order, purchase invoice, purchase document and other purchase documents to the authorized party. At the same time, the quality, process and performance of the purchased products can also be described in detail to prove that the products are purchased legally from the authorized party.
4. The obligee negligently exercises its rights: if the obligee knows that the infringement exists, but delays the time of bringing a lawsuit without reason, or the obligee delays the prosecution, causing important damage to the defendant, or the property right is not correctly marked.
5. Non infringement opinion: after obtaining the non infringement opinion issued by the U.S. practicing patent lawyer, you can claim "unintentional infringement" according to this non infringement opinion.
6. The sales amount, profit and the amount of compensation for the same type of cases are all reasons for negotiation. Consult immediately
(Editor: Jiang Tong)
(Source: Maijia Support)
The above content only represents the author's own opinion, not Hugo's cross-border position! If you have any questions about the content, copyright or other issues of the work, please contact Hugo cross-border within 30 days after the publication of the work.
