Intellectual property protection
- About intellectual property
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Intellectual property is an intangible property and the product created by intelligent work. Also, it is a right enjoyed by intelligent workers over their creative works. This right is known as personal right and property right and also known as moral right and economic right. Personal right means the right is inseparable from the person who holds right over this intellectual works, which is a reflection in law concerning personal relations. Moral right refers to the right for the author to sign, publish and modify his works. Property right means that after intellectual works is accepted by law, the right owner may use such intellectual works to obtain remuneration or awards. This right is also knows as economic right. The object of intellectual property is human wisdom and intelligence. Intellectual property right is the “right of intellectual works”. It refers to intellectual wealth created by all intelligent work in such sectors as science, technology, culture and art, and corresponding rights protected by law. Traditionally, intellectual property right is a general terming referring to patent right, trademark right and copyright. With high-speed development in science and technology, intellectual products keep emerging, which brings a series of new protection objects for intellectual property. Therefore, traditional intellectual property is constantly expanding in contents.
- Act of intellectual property infringement
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Act of intellectual property infringement refers to the act infringing others’ intellectual property right (including patent right, copyright and trademark right) mainly in the form of plagiarism, alteration and imitation. The target of this act is the intellectual contents or expression formats created by intellectual workers and it is irrelevant with the physical carriers of intellectual property. As for the types of infringing act for intellectual property, copyright law, patent law and trademark law have specific provisions to identify liabilities, punish infringers and protection intellectual property rights. Though act of intellectual property infringement exhibits many types, it has the following legal features: (1) Illicit infringement of intellectual property must occur in the effective period of such intellectual property. After intellectual property becomes nullified or its protection period expires, everyone may use such intellectual works without being deemed as infringement. (2) No act constitutes infringement of intellectual property unless it occurs in a region where such intellectual property is valid. (The country where infringing act occurs must be a country where such intellectual property is valid. Determination of infringing act is often associated with the “nationality” of intellectual property and not associated with the country for the subject of the right.) (3) When committing infringement, the infringer has subjective mistakes. That’s to say, the infringer should obtain but fails to obtain approval from the right owner to use his intellectual works; the infringer should know or actually knows what he is using is the intellectual works of others and makes use of such exclusive rights without authorization.
- How we fight with the crime of intellectual property infringing.
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I. Administrative measures: After obtaining evidence about illegal selling of counterfeited products, submit evidencing documents to regulatory authorities such as industrial and commercial administration, quality supervisory bureau and customhouse, propose investigation application and cooperate in investigation and punishment operations. Result of above activities: Confiscate or seal up relevant property (finished products, semi-finished products, packing, labels, equipment and marketing materials), confiscate illicit gains and impose administrative punishment based on selling records and the total price of captured products. II. Criminal measures: For high-value infringing event, we will integrate case-reporting documents and the evidence collected through investigation before case filing, submit evidence documents and case-filing application to public security agency, and assist public security agency in investigation and punishment on suspects. Result of above activities: Confiscate and seal up relevant property (finished products, semi-finished products, packing, labels, equipment and marketing materials), confiscate illicit gains and hold key responsible persons for criminal liability based on specific value and violation severity. III. For long-term dynamic market monitoring and intellectual property protection, we will take the following processs: ☆Establish special service group to provide long-term services for key brands; ☆Establish long-term information network and database, and assign dedicated personnel to maintain information exchange with relevant markets and law-enforcing agencies; ☆Establish infringer database and counterfeit templates, study, sort out and sum up such information on regular basis; ☆For regions with high infringing frequency, maintain planned market monitoring to identify the infringing patterns in relevant regions; ☆Cooperate with law-enforcing agency in investigation and leverage news media reporting to effectively inhibit infringing acts; ☆Prepare analytic reports and put forward proposals on regular basis concerning infringement status in relevant regions.
- How to make a commission
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- About Us
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China Falcon consultations Co., Ltd was founded in 2000, We headquartered in the city of Shenzhen , G8 Golden Lake Villa, No. 6 Silver Lake Road , Luohu district. We provide any citizens inside or outside China and enterprise legal persons the professional consultation and investigation services about critical incident and existing risk.
