"Our sense of rule of law" ｜ Post -90s e -commerce boss: Protecting intellectual property rights is to protect my business

"The first time I received a court ticket, my wife's hands were shaking." Speaking of the first infringement disputes I experienced 4 years ago, Yuan Tao (pseudonym), a full -category supply chain company in Yiwu, still remembered. I have been doing business by myself. How did I have been prosecuted? After running to Hangzhou, Yuan Tao and his wife knew for the first time that the appearance of a product also had a patent.

The complaint was derived from a well -sold cleaning brush. The two rights companies also sued the claim on the grounds of "appearance patent infringement". "At that time, he ran around for the case, and finally lost more than 100,000 yuan." Yuan Tao said that this experience made him deeply hit, and he was more cautious when he selected it. Unconscious and infringement.

However, intellectual property rights involve many categories such as trademarks, copyrights, and exterior patents, especially the exterior patent is very professional. It is difficult for ordinary merchants to judge. In addition, the market conditions are complicated. "Some products have no patents when they are on the shelves, and they are suddenly registered when they are sold; some manufacturers say that there are official authorizations when they are purchased. It is difficult for ordinary merchants like us. At the same time, it is also the rights defenders in other cases ... "It didn't take long for Yuan Tao to be sued to Hangzhou Intermediate Court again because of the exterior patent infringement dispute.

"This time is a mobile phone stand. Everyone has not heard of any patents for several years, and suddenly the right holder sued." Yuan Tao said. However, there were more than a dozen other merchants who were sued this time. The people who contacted Yuan Tao were not judges, but Zhu Haibin, a mediation person in Yiwu Intellectual Property Protection Cycling Center.

In 2015, the People's Court of Yiwu City, with the China Internet Association and the Yiwu Market Supervision Bureau, set up a municipal intellectual property complaint and docking center in Yiwu International Trade City to provide merchants with a professional mediation platform for intellectual property disputes to resolve intellectual property disputes. Beginning in December 2018, the center has officially accepted the case of intellectual property disputes commissioned by Hangzhou Intermediate Court. As the first mediationman, Zhu Haibin was responsible for mediation of Yuan Tao and others' infringement disputes.

Yuan Tao was helpless. What he didn't expect was that the dispute was "smooth" by this dispute.

"We organized the collective mediation of all infringing merchants, and it was resolved that day." Zhu Haibin said that most merchants will resist and do not understand if most merchants know their infringement. There is a change. On the day of the mediation, the merchants confirmed that they were active after they were really infringement. The compensation of the compensation, the removal of the offerings, finally obtained the understanding of the right holder, and the two parties reached a settlement agreement and performed on the spot.

"There are such places to solve the problem quickly, and I am more at ease." Yuan Tao said that the center not only helped him solve the troubles, but also gave him a deeper understanding of intellectual property protection. In addition to avoiding the risk of infringement as much as possible in the operation, and facing disputes objectively and rationally, more than 10 products he developed and designed also applied for independent intellectual property rights in time.

"For the seven years of the center, more and more merchants like Yuan Tao from infringement to establishing the awareness of correct intellectual property protection." Zhu Haibin introduced that through the center speed, the right holder and the infringer do not have to spend a lot of money and time in In terms of disputes, it not only maintains market stability, but also helps create a good business environment. In recent years, the Yiwu Court has jointly developed online solution application scenarios such as "Zheli Market Passenger Code Governance" to provide more convenient solution to solution. The mediation average time has dropped from 30 days to 15 days.

"Generally, when a settlement agreement is reached, the default clauses of secondary infringement will be written to avoid re -infringing." Ye Fei, the person in charge of the four courts of the Yiwu Court, said that the center will also find people and personnel and personnel and personnel of many malicious infringements through data statistical analysis. The subject, when the central mediation or the court's claim, punish the compensation accordingly.

In addition, e -commerce companies often face international infringement of intellectual property rights. "Intellectual property rights are divided into regions, foreign intellectual property rights have nowhere to investigate, and merchants are more difficult to avoid lightning." Ye Fei introduced, for this reason, the Yiwu Court has recently added "Yizhi Zhi Zhi Governance" in the "Zheli market" Early warning "Platform, once an enterprise is sued by overseas rights holders, the court will issue early warning information on the platform, publish the product information involved, and inform the merchants who have not yet been involved to take the initiative to remove the products to avoid caught in infringement disputes.

Twelve years of hard work in Yiwu, Yuan Tao deeply understood that protecting intellectual property rights is to protect his business. Today, his company has grown from more than a dozen people to more than 30 people. Seeing that the business environment of Yiwu is getting better and better, he is full of confidence in the future of the company.

Source: Zhejiang Legal Daily (Reporter Chen Zhenfei Correspondent Chen Zhaofei Liu Dani)

- END -