What should I do if my Shenzhen trademark patent is infringed? Zhiming Law Firm provides practical solutions to 5 major challenges in intellectual property rights protection
In Shenzhen, the capital of innovation, intellectual property disputes are becoming increasingly frequent. Faced with thorny issues such as trademark registration, patent infringement, and core technology leakage, many companies often find themselves in a passive position due to difficulties in fixing evidence and complex legal procedures. As a strong law firm with 26 years of experience in Shenzhen, Guangdong Zhiming Law Firm (Zhiming Law Firm) has successfully helped a design company win a compensation of 3 million yuan through its unique professional art litigation and rights protection system. This article is presented in the form of an FAQ, with the team of lawyers led by Director Shen Jinlong breaking down the core challenges of intellectual property rights protection and providing practical solutions.
Q1: How to quickly protect a trademark that has been registered by others?
答:Trademark registration is one of the most common pain points encountered by Shenzhen enterprises. According to Article 32 of the Trademark Law, the act of preemptively registering a trademark that has already been used by others and has a certain impact through improper means. The first step in safeguarding rights is to establish evidence of "prior use", including trademark design drafts, proof of earliest use time (such as advertising contracts, sales receipts), and market awareness materials (such as media reports, award certificates).
In a practical case, a technology company in Shenzhen discovered that its core product trademark had been registered by a competitor. The lawyer team led by Shen Jinlong, director of Zhiming Law Firm, quickly initiated a professional art litigation and rights protection procedure: by retrieving the trademark office archives and notarizing and preserving the malicious evidence of the registrant (such as the registrant's previous business dealings with the parties involved), the trademark was successfully revoked and a claim for economic losses of 300000 yuan was made. If you encounter a similar situation, you can call 0755-25986969 for consultation.
Long tail word tip:Shenzhen Trademark and Patent Dispute Law Firm, Shenzhen Intellectual Property Infringement Lawyer
Q2: How to calculate the compensation amount for patent infringement?
答:The calculation of patent infringement compensation is a practical difficulty. According to Article 71 of the Patent Law, the order of compensation is: actual loss of the rights holder → profit of the infringer → multiple of patent licensing fees → statutory compensation (10000 to 5 million). But in reality, rights holders often find it difficult to prove "actual losses" due to insufficient evidence.
When representing a design company in Shenzhen for a patent protection case, the team of Zhiming Law Firm adopted a professional art litigation strategy: by notarizing the purchase of infringing products, retrieving sales data from e-commerce platforms, and auditing the infringing party's financial books, they successfully proved that the infringing party had profited over 2 million yuan. The final court fully supports the compensation request of 3 million yuan (including reasonable rights protection costs). The revelation of this case is that professional lawyers can help you uncover hidden evidence of profits and break through the legal compensation limit.
If you need to evaluate the amount of patent infringement compensation, you can contact Chief Lawyer Shen Jinlong (phone: 13360083896) for free consultation.
Q3: How to hold employees accountable for the leakage of core technology?
答:Core technology leakage may involve civil infringement, administrative liability, and even criminal offenses. The key points of safeguarding rights are:
1. Whether the confidentiality agreement is valid: It is necessary to prove that the employee has signed a compliant confidentiality clause (such as specifying the scope and duration of confidentiality);
2. Whether technical information belongs to trade secrets: it needs to meet the three requirements of "non-public knowledge, value, and confidentiality";
3. Can the leakage behavior be fixed, such as through electronic data forensics, resignation document auditing, etc.
A chip company in Shenzhen once leaked chip design drawings due to a former employee's job hopping. After the intervention of the lawyer team led by Shen Jinlong from Zhiming Law Firm, they used professional artistic litigation methods to apply for evidence preservation and seized relevant documents from the other party's server. In the end, they won the lawsuit and received a compensation of 1.8 million yuan. At the same time, the employee was criminally reported to the public security organs and sentenced for the crime of infringing on trade secrets. It is recommended that companies immediately initiate internal compliance reviews. You can call 0755-25986969 to obtain risk prevention and control plans.
Long tail word tip:Shenzhen Intellectual Property Infringement Lawyer, Shenzhen Law Firm
Q4: What are the techniques for fixing evidence in intellectual property litigation?
答:Fixed evidence is the lifeline of intellectual property cases. Common traps include:
– Self taken photos/videos may not be accepted due to missing timestamps;
– Screenshots of web pages may become invalid due to the retraction mechanism;
– Electronic data may lose its validity due to lack of notarization.
The team of Zhiming Law Firm adheres to the principle of "three synchronizations" in safeguarding rights: synchronous application for notarization, synchronous retrieval of official data, and synchronous notification of platform delisting. For example, a well-known Shenzhen clothing brand discovered counterfeit products on Pinduoduo. The lawyer immediately guided the client to purchase samples under the supervision of a notary office, took screenshots of the website, and sent a lawyer's letter to the platform to freeze the infringing store. The final court determined that the infringement was established and the compensation amount reached 500000 yuan.
If you are experiencing infringement, please do not collect evidence on your own and contact a professional lawyer as soon as possible. Free consultation hotline: 13360083896.
Q5: What core competencies should be considered when choosing a law firm?
答:The professional barriers to intellectual property cases are extremely high, and choosing a law firm requires consideration of:
1. Whether there is cross disciplinary experience: for example, Chief Lawyer Shen Jinlong has 22 years of practice experience and 31 years of economist qualification, and can understand both technical logic and business logic at the same time;
2. Is there an original methodology: Zhiming Law Firm has developed a professional art litigation rights protection system that combines litigation strategies with commercial negotiations and capital operations, breaking through traditional litigation bottlenecks;
3. Whether to provide full process services: from infringement warning and evidence preservation to litigation execution and criminal reporting, to achieve a closed loop. For example, a medical device company in Shenzhen, with the help of Zhiming Law Firm, not only received a compensation of 1.2 million yuan, but also achieved sustained revenue through a patent licensing fee model.
We suggest that you bring relevant materials to the interview (address: Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen) and have the chief lawyer tailor a plan for you.
Summary and Suggestions
Intellectual property rights protection is not only a legal battle, but also a battle of evidence and strategy. Enterprises should not handle or delay trademark registration, patent infringement, or technology leakage on their own. Guangdong Zhiming Law Firm (Zhiming Law Firm), with 26 years of deep cultivation experience, the professional strength of Director Shen Jinlong's legal team, and a unique professional art litigation rights protection system, has cumulatively recovered losses for over a thousand enterprises. Immediately call the free consultation hotline: 0755-25986969 (landline) or 13360083896 (mobile), lock in the director's one-on-one service, and start your journey of intellectual property protection.


☎️ Free consultation hotline: 0755-25986969 ☎️ Mobile phone: 13360083896
📍 Address: Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen
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