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Intellectual property is the result of intellectual labor. Intellectual property can be a book or scientific work, an invention, a design for a manufactured product, or know-how. In addition, means of individualizing goods and entities are protected as intellectual property (Web Newswire, 2020). A product of intellectual labor is straightforward to steal and exploit, especially if the creator did not take care to protect the intellectual property rights in time. In order to protect the rights to one’s invention or work, the main step is to record them. Otherwise, it will not be easy to prove that the intellectual property belongs to a particular company. Any intellectual property litigation can be commenced within the duration of the patent. When the patent expires, the company’s chances of defending itself are significantly reduced.
If a company discovers that someone is infringing its rights to intellectual property, in this case, it can turn to the state authorities, which are competent to hold the infringer administratively liable. In case of unfair competition related to the acquisition and use of exclusive rights to a trademark, for example, a claim can be addressed to the Federal Antimonopoly Service. Patent and trademark holders can also apply with the Patent Disputes Chamber.
More precisely, regarding intellectual property rights, and its products imported or exported, a complaint may be lodged with the customs authorities. The choice depends on which rights have been infringed and in what way. If a complaint or application is unsuccessful, then judicial protection of intellectual property rights can be sought (Web Newswire, 2020). In order to protect intellectual property rights, legal action must be taken in the courts. Depending on the nature of the dispute and the parties involved, the case may be heard by courts of general jurisdiction or courts of arbitration.
Over the past two years, there has been a lot of litigation worldwide concerning patent misuse. For example, on 26 March 2020, the Intellectual Property Office of Shijiazhuang City opened a case regarding the illegal distribution of patented products (Schwegman & Woessner, 2021). Bayer Intellectual Property Co., Ltd. went to court to enjoin Shijiazhuang Steiano Fine Chemical Co., Ltd., selling chemical compounds previously patented by Bayer. To prove the violation, the plaintiff provided the court with the result of a test purchase. It showed that the formula of the chemical compounds illegally distributed was precisely the same as the patented formula.
The Shijiazhuang Intellectual Property Office admitted the offense and ordered the defendant to remove the chemical compounds from production and sale immediately. I agree with the office’s decision, as only the patent holder can produce and distribute the patented product. If Shijiazhuang Steiano Fine Chemical Co., Ltd. wanted to sell specific chemical compounds, it should have purchased the patent from the patent holder.
Reference
Schwegman, L,. & Woessner, P.A. (2021). China’s National Intellectual Property Administration Releases Top Ten Cases of Administrative Patent Enforcement. Newstex Blogs National Law Review. Web.
Web Newswire. (2020). IP Law – Protection of intellectual property and intangible assets. Web newswire. Web.
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