Internet infringement rights protection "36" plan

Shopping malls are like battlefields, and the essence of Internet infringement and rights protection is commercial competition and exclusion, which is what we call "business war."

The five-thousand-year history of civilization of the Chinese nation has been sustained in constant wars; the Chinese people are most particular about the wisdom and art of war. This has been integrated into our blood and has become our nation’s unique way of thinking, and will be applied to in all competitive activities.

The author of "Thirty-six Strategies" is unknown. The language originated from the Southern and Northern Dynasties and was written in the Ming and Qing Dynasties. It is a military book summarized based on the ancient military thoughts and rich struggle experience during the long-term war.

In order to facilitate understanding, I borrow the title of "Thirty-Six Strategies" to summarize the methods of infringement and rights protection in business wars.

What forms of infringement will appear when facing brand rights protection?

1. Fishing in troubled waters

Infringing merchants use different ID cards or business licenses to register a large number of stores on e-commerce platforms. These stores are actually controlled by the same person, but they can create the illusion that there are a large number of infringing stores on different platforms at the same time. Faced with this large-scale infringement phenomenon, the infringed party cannot accurately identify who is the real infringer for a while, and has no way to deal with the infringement; even if it defends the rights of several of the stores, it will be difficult to target the actual controller. As a result, infringement cannot be effectively stopped. Contrary to the infringed parties who have no way to defend their rights, the infringing merchants can achieve the purpose of profit from the infringement by opening many stores.

2. Li Daitaojiang

1. The infringing merchant uses another person’s ID card or borrows another person’s ID card to obtain a business license (now applying for a business license online has opened the door to this kind of exploiting loopholes) to register a store online. In this case, even if the right holder (is infringed) If the party) investigates the infringement, the person who bears legal responsibility will also be the other person or enterprise registered at that time, and the actual controller can escape liability;

2. When the infringed party complains to the platform or the court sues the infringing store, the infringing merchant conceals the true purchasing channel by providing a small number of real purchase records or purchase records of dealers who have terminated the agency relationship with the rights holder (the infringed party). The purpose is to prevent the rights holder from knowing the true source of the infringing merchant's goods;

3. Infringing merchants deliberately scrape off the anti-counterfeiting code or identification code of the product when selling the product, causing it to lose its identification function, thus making it impossible for the rights holder to trace the source of the product.

3. Delay strategy

In the face of rights protection lawsuits from rights holders, infringing merchants take advantage of the slow progress and strict procedures of the legal rights protection process, adopt delaying tactics, and do not stop their infringing and profit-making activities during the litigation process. Even after a long litigation process, the infringement was finally forced to stop, but its purpose of profit has been achieved.

4. Concealing the truth and crossing the sea, secretly crossing into Chencang

Infringing merchants purchase a small amount of goods from legitimate dealers and obtain purchase certificates, or dealers use their authorized legal status to mix genuine goods with counterfeit goods during the actual sales process. This behavior is very covert and difficult to detect.

5. Golden cicada sheds its shell

Infringing merchants face increasing intensity of rights protection complaints from rights holders (the infringed parties) and links to infringing products are constantly deleted, so they abandon their old stores and change their identity cards to register new stores. Continue to infringe. This results in an endless stream of infringing shops and endless crackdowns.

6. Walking is the best strategy

Infringing merchants engage in guerrilla warfare with the rights holders (the infringed parties). The rights holders will remove the products from the shelves upon notification and re-list them a few days later; or they will remove the products from the shelves during the day and re-list them at night. Repeating this process over and over again greatly consumes the patience and enthusiasm of the infringed party to defend their rights.

7. Focus on anti-customers

Infringing merchants use the Chinese trademark registered domestically by the right holder (the infringed party) to sell parallel imported overseas products, infringing on the rights of the right holder in the domestic market.

8. Substituting one thing for another

Infringing merchants use trademarks or company names in product names and promotions in order to attract traffic, but they actually sell similar products from other brands.

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Soldiers have no constant momentum, and water has no constant shape. Internet technology will continue to develop, and business wars aimed at pursuing profits will not die out naturally, but will only develop and upgrade amidst constant changes.

Intellectual property rights holders must have a clear understanding of the long-term nature of commercial wars. Any idea of a once and for all solution is wrong. We will also continue to study changes in infringement methods and find timely response methods to help rights holders remain invincible in commercial wars.

Based on the above forms of infringement, we also formulated the “36 Strategies” for rights protection.

1. To alert the snake

Faced with the large number of infringing shops on various platforms, it is difficult to file lawsuits all in a short time due to cost and efficiency reasons; however, the number of actual controllers behind the large number of infringing shops is limited, and each actual controller has a varying number of Multiple stores; and the actual controllers are all connected. If the rights holder takes the form of litigation to protect his rights, the actual controller will quickly get the news and remove the infringing links of the stores he controls from the shelves.

Therefore, we can use the method of suing some key stores and deterring and reminding infringers to take the initiative to remove their products from the shelves.

It is important to note during implementation that the number of prosecutions must reach a certain base (compared to the number of infringements, the ratio cannot be too low). If the number is too small, the infringing party will doubt the rights defender's ability to pursue prosecutions, and no deterrent will be produced.

2. Close the door to catch the thief

In view of the large number of infringements and the scattered geographical distribution of actual operators, it is impossible to file lawsuits at the same time; filing lawsuits one after another will lead to failure to prosecute the infringers in time. After receiving the news, the infringer will quickly delete the infringing links, making it impossible for the rights holders to pursue them; waiting until the rights holders are lax in safeguarding their rights. , and then upload infringing links to hide and seek with the rights holders, resulting in repeated infringements.

Therefore, the evidence can be fixed first, and then lawsuits can be filed one after another after all the evidence has been fixed. In this way, even if the link is deleted, you will still be responsible for the previous infringement. After being punished, generally infringers will not infringe again.

3. Claiming to the east and attacking in the west, using false routes to attack Guo

For infringers who use other people’s ID cards to register stores; use other people’s ID cards to obtain business licenses to register stores. Due to the separation of households, the registered address does not actually operate, the registered phone number is not the operator’s own phone number, etc. As a result, actual operators take advantage of the strict requirements for serving notices in legal procedures, neither removing infringing links nor actively responding to lawsuits, thereby delaying litigation.

Therefore, when filing a lawsuit against an infringing store, the platform can be listed as a defendant at the same time; after receiving the notification of the lawsuit, the platform will promptly disconnect the link without the consent of the infringing party.

4. Remove the firewood from under the cauldron

The purpose of the infringing party's infringement is to make money. If the cost of infringement is greater than the profit, it will naturally not continue to infringe; the purpose of litigation is not only to stop the infringement, but more importantly, to obtain economic penalties for the infringement and increase the infringement. Large infringement costs can fundamentally achieve the purpose of stopping infringement.

Therefore, when filing an infringement lawsuit, a request for financial compensation is also filed. After the court decides in favor of the lawsuit, if the infringing party does not consciously perform its compensation obligations, it must promptly apply to the court for enforcement and pursue the infringement to the end.

5. Waiting for work with ease

Internet infringement is large in quantity and widely dispersed. In order to safeguard their rights, the rights defender proactively contacts the infringing party to request an end to the infringement, which consumes a lot of labor costs and is very passive. Judicial procedures are backed by state coercion; after entering the judicial procedures, there are standardized procedures to ensure that notifications, delivery of materials, etc. are completed by dedicated personnel from the judicial organs within a time limit, without the need for rights holders to handle it. Under strong legal pressure, infringers will attach great importance to it and actively cooperate with them to deal with it. Improved work efficiency and reduced processing costs.

Therefore, infringements should be submitted to the People's Court and then passively wait to cooperate with the court's handling process.

6. Capture the thief and capture the king

After a period of crackdown, infringing shops with low profits will often be effectively curbed; but shops with high profits will try their best to provide evidence, find reasons to fight, and refuse to stop the infringement. Such stores have leadership among many infringers. If they do not solve the problem and stop the infringers, they will wait and see to follow suit and infringe again. The attack must be focused.

Therefore, for the defense points raised by key stubborn stores, evidence can be organized in a targeted manner. If necessary, the lawsuit can be withdrawn first, the evidence and angles can be reorganized, and the lawsuit can be re-litigated. Continuing infringements are new infringements and can be litigated anew. It does not fall under the legal restrictions of "nothing shall be ignored".

7. Chain plan

Utilizing the legal principle of "who claims, who provides evidence", when the infringing party receives a court notice of infringement, it needs to provide written evidence for its claim that "it does not constitute an infringement". The evidence recognized by law is the legal source of the goods. When the infringing party provides the purchase certificate of the product, the rights holder can hold the defaulting dealer responsible for breach of contract based on the evidence obtained and the contract agreement with the relevant dealer. Achieve perfect internal management, investigate breach of contract, and fundamentally eliminate infringement.

8. Play hard to get

After receiving the lawsuit notice from the court, the infringer admitted the infringement, but was unwilling to pay compensation; due to factors such as transportation costs, the judge’s opinion, and time costs, as long as the defendant agreed to stop the infringement and sign a written "Settlement Agreement", that is Can agree to withdraw the lawsuit. If the infringer is lucky enough to not receive financial punishment, he will infringe again. The lawsuit can be re-filed in the People's Court based on the "Settlement Agreement". For such second infringement, the judge will also impose heavier penalties. Increasing penalties again and again can also achieve the purpose of financial punishment and cessation of infringement.

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General principles

1. Reduce the rights protection costs borne by the brand (the rights protection costs borne by the brand are reduced, and the infringing party bears most of the infringement costs)

2. Large-scale prosecutions make infringing parties tired of dealing with lawsuits.

3. Fast speed and high efficiency. Focus on processing for a period of time (half a year to a year) so that the infringing party cannot find a solution. No more thoughts of infringement.