Take Care Not To Infringe On Other People'S Intellectual Property Rights

In the process of exhibitors, there are always some disputes in the two aspects of patents and trademarks. The common characteristics of the two are exclusiveness. No matter whether patents or trademarks are obtained through legal procedures, they are protected by law, and the owners have exclusive rights. Without the permission of the right holder, no person shall be allowed to use, produce, sell or import and export patented products and products with the same trademark for the purpose of production and operation. Otherwise, they will be infringed and be punished by law.

In comparison, the patent right has a stronger monopoly. The purpose of the patent system is to promote the development of economy and science and technology, and the state grants the inventor the exclusive right to exchange for its technical details of the society. In return, the state grants the patentor an exclusive right, that is, only the obligee can implement or license the patent by himself. Therefore, anyone who wants to implement the patent technology except the patentee must obtain the consent of the patentee in advance. Patent licensing 。 This license generally passes the patenor and the Licensee. Signing a written patent license agreement The main content is that the licensee pays the patent to the patentee and pays the right to use the patent. Patent protection mainly includes product structure, color matching, appearance and so on.

The main function of a trademark is to distinguish manufacturing differences between the same or similar goods produced or operated by different commodity producers or operators, so as to facilitate consumers to distinguish between manufacturers and business units. After the trademark is applied for registration, the owner has exclusive rights to exclusive use, and others shall not be used without permission. But it is worth noting that this exclusive right is limited to the same or similar products. In other words, producers or sellers of different industries or industries may share certain trademarks within a certain scope. For example, "the Great Wall brand wine" and "the Great Wall brand lubricants" can exist at the same time, but they do not constitute infringement. But in the liquor or lubricants industry, no other manufacturers should use the "the Great Wall" brand. If another liquor manufacturer does not authorize the use of the "the Great Wall" trademark, it constitutes infringement.

As a kind of intellectual property rights, patents or trademarks also have many other characteristics, which are not the same in different countries. But generally speaking, prior permission and paid use are the principle of unity. If a product manufacturer or retailer wants to use, produce or sell a patented product or a brand product, he must obtain the permission of the owner in advance, otherwise he or she shall bear the corresponding information. Legal responsibility Such legal liability is not exempt from the parties' ignorance.