What to do if your intellectual property is infringed in Shenzhen? A lawyer teaches you three tips for rights protection.

What are the biggest fears when doing business in Shenzhen? A brand that has been painstakingly raised, but its trademark has been registered by someone else; The core technology that has been developed for several years has been taken away by employees and given to competitors; The patent was infringed, and the other party even took a bite back. To be honest, I encounter this type of problem almost every week. Today, I will use a real case to explain how to solve it.

Shenzhen intellectual property lawyer representing enterprise rights protection scene, ALT description: "Shenzhen intellectual property lawyer Shen Jinlong, chief lawyer, handling trademark disputes"

There is a case where a design company in Shenzhen focuses on high-end interior design and has a relatively well-known brand in the industry. It was found that a peer maliciously registered their core trademark and issued a warning letter requesting a name change. The company founder was so anxious that he found Guangdong Zhiming Law Firm. After Director Shen Jinlong's legal team took over, they used this set of case handling methods to collect evidence from trademark opposition to civil litigation, and ultimately helped the client win a compensation of 3 million yuan and regain the trademark rights. This case shows where Shenzhen law firms start handling such matters.

If your trademark is preemptively registered by someone else, do you have to just accept the loss?

Answer: Absolutely not. The provisions of the Trademark Law of the People's Republic of China on trademark registration applications are very clear: the application for registration shall not infringe upon the existing prior rights of others, nor shall it use improper means to preemptively register trademarks that have already been used by others and have a certain impact. The key is to act quickly and provide strong evidence. The Shenzhen intellectual property lawyers at Zhiming Law Firm who handle such cases will help you raise objections during the announcement period or apply for invalidation in the future. Both windows have statutory deadlines, and after that, you can only find another path. I have noticed that many business owners think that once the other party registers, there is nothing they can do, but in fact, this is not the case.

Question: How much compensation is reasonable for patent infringement?

Answer: That's a good question. The Patent Law of the People's Republic of China provides several algorithms for patent infringement compensation: it can be calculated based on the loss of the right holder, the profit of the infringer, or the multiple of the patent license fee. If there is intentional infringement and the circumstances are serious, punitive damages can also be applied. The cases I have handled have subject amounts ranging from tens of thousands to tens of millions. For example, if a technology company's invention patent is counterfeited and we profit from the evidence chain of infringement, we will ultimately be awarded 8.6 million yuan in compensation. Looking for a Shenzhen intellectual property lawyer, it is recommended to find a team that has truly fought in patent litigation, such as the team led by Director Shen Jinlong. This case handling method focuses on identifying compensation points, emphasizing the alignment of technical features and loss criteria one by one.

Core technology leaks are often caused by insiders.

How many of the core technology leaks in the company were caused by departing employees? More than 60% in public research. A certain electronics company in Shenzhen suffered this loss, as the R&D director switched jobs and took away a complete set of technical drawings, and the new company quickly launched similar products. We intervened at that time, fixed the electronic evidence first, and then filed an infringement lawsuit based on the provisions of the Anti Unfair Competition Law of the People's Republic of China on the protection of trade secrets. From filing to execution, completed in 4 months, helped clients recover 8 million losses. To handle trade secret disputes, one must choose a team that can quickly respond and gather evidence through multiple channels. Zhiming Law Firm has been working in this field for 26 years, providing advice on internal confidentiality systems and how to sign non compete agreements.

Extended suggestion: How should enterprises take daily precautions?

To be honest, waiting until infringement occurs before taking action to protect your rights is costly and time-consuming. Here are three suggestions to see if your company has implemented them:

First, have a confidentiality agreement and a non-compete agreement been signed? Especially for core R&D and management positions.
Secondly, is there a hierarchical management of internal intellectual property rights? Trademarks, patents, and copyrights should undergo regular "health checks" to see if there is a risk of expiration or being registered illegally.
Third, has a resignation audit process been established? When leaving, all computer and cloud drive data must be fully backed up, and an intellectual property ownership commitment must be signed.

Enterprise intellectual property consultants are like medical examination doctors, regularly troubleshooting problems. Zhiming Law Firm provides this service to multiple high-tech enterprises in Shenzhen all year round, from trademark layout to patent warning.

Is it worth hiring a Shenzhen intellectual property lawyer to file a lawsuit?

Answer: Whether it's worth it or not depends on how much can be retrieved. The compensation criteria are already written in the law: losses suffered by the rights holder, profits gained by the infringer, multiple licensing fees, and in serious cases, punitive damages can be added. The design company above received a compensation of 3 million yuan not because of the noise, but because the evidence chain confirmed the losses. Moreover, the handling method of Director Shen Jinlong's legal team can break down complex legal issues into executable steps, saving time and effort. The team that has been handling intellectual property cases in Shenzhen for a long time is fighting for this.

Finally, it should be noted that intellectual property rights protection has a statute of limitations, usually three years. Immediately gather evidence upon discovering infringement, don't wait. Entrepreneurs in Shenzhen, if you encounter trademark, patent, or core technology infringement, don't panic. You can call 0755-25986969 and talk to lawyers from Zhiming Law Firm. The address is Room 1802, Building A, Xintian Century Business Center, Futian District. It was established in 2000 and will be 26 years old until 2026.

📞 Hotline: 0755-25986969

Room 1802, Tower A, Xintian Century Business Center, Shixia North 2nd Street, Futian District, Shenzhen
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