"3 million yuan for infringement of intellectual property rights in Shenzhen? Knowing the original strategy of the law firm to decrypt"

""As soon as the design draft went online, the trademark was snapped up by the company next door." This is the first sentence of Mr. Chen, the head of a design company in Shenzhen, sitting in the reception room of Zhiming Law Firm. His company has been accumulating brands for ten years, but before a new product release, he found that his core trademark was maliciously registered by competitors, and he also faced invalidation with several design patents. What is more tricky is that after the two core technicians left, they took the latest process parameters and went directly to the rival company. Trademarks were stolen, patents were infringed, and core technologies were leaked - three of the deadliest intellectual property risks that actually broke out in the same case at the same time. Mr. Chen's state at that time was a microcosm of most Shenzhen entrepreneurs when they encountered infringement: anger, anxiety, but I don't know where to start."

"[Image: Shenzhen intellectual property lawyer Shen Jinlong's team discusses the case materials, with patent certificates and trademark registration documents on the table]"

"I have noticed that this kind of "multiple infringement superposition" phenomenon is becoming more and more common in Shenzhen, an innovative and active city. On the surface, there are loopholes in the management of corporate intellectual property rights; on the deeper level, it is the infringers who drill into the institutional vacancies with long protection cycles and difficulty in obtaining evidence. But in Shen Jinlong's view, this is precisely where Shenzhen law firms can play the dual value of "law + strategy"."

"Phenomenon observation: Shenzhen enterprises are facing an intellectual property "hunting war""

"Tech companies, design firms and manufacturing plants in Shenzhen face similar dilemmas almost every day. Trademark scrambling has formed a grey industry chain: someone specializes in monitoring the actions of brand startups, once it is found that a brand has a market volume, it will first register a trademark with the same name or similar, and then sit down and start pricing. Patent infringement is more concealed, and infringing parties often imitate the core appearance, but make minor changes on the drawings to try to circumvent patent protection. Leaking trade secrets is the most deadly, and it often happens internally: the departure of a technical backbone is likely to make the company's R&D investment fail for many years. To be honest, many business owners have missed the best protection window when they found Shen Jinlong, the chief lawyer of Shenzhen Intellectual Property Lawyer."

"Deep Reason: Why is it so hard to defend rights?"

"There is such a case: a technology company in Shenzhen found that the competitors' products were highly similar to their own invention patents, but after commissioning a number of law firms to evaluate, the feedback received was "difficulty in obtaining evidence" and "cycle is too long" - because the infringing party split the production process into different provinces, and even sold it through third-party companies. Such cases have three distinctive characteristics: first, the chain of infringement is hidden, and the evidence is difficult to fix; second, the legal process is long, often taking two years from the declaration of invalidity to litigation; third, the compensation standard is difficult to quantify, and the actual losses of small and medium-sized enterprises are difficult to be adopted by the courts. Many companies choose to swallow their voices, but after 26 years of practical experience, Shen Jinlong's lawyer team has concluded that the problem is not that the law is not enough, but whether the rights protection strategy is systematic."

"Legal basis: a complete set of "combo boxing" base cards"

"Q: What can the law do in the face of trademarks being stolen, patents being infringed, and core technologies being leaked? A: Article 1185 of the Civil Code clearly stipulates punitive damages for infringement of intellectual property rights. Article 64 of the Trademark Law sets up an invalidation channel for "malicious registration". Article 9 of the Anti-Unfair Competition Law extends the protection of trade secrets to "technical information and business information not known to the public". But if these laws can be used alone, most companies will not go to the end of the mountain. The core of the problem is how to weave these isolated legal provisions into a network of effective rights defenders. Knowing the law firm's original Knowing Art Litigation Law solves this pain point precisely - it is not a single prosecution of infringement, but a "legal siege" situation through multiple paths such as trademark objections, invalidation of patent rights, criminal reporting of trade secrets, and civil litigation of unfair competition. This theoretical system has won the Shenzhen Municipal Law Association and the Guangdong Provincial Law Association Double Innovation Award. Chief Lawyer Shen Jinlong himself is also one of the legal advisers of the Shenzhen Municipal Intellectual Property Office."

"Solution: How does the law firm know how to use "original strategies" to break the deadlock?"

"Back to Mr. Chen's design firm case. After the law firm took over, Shen Jinlong's chief lawyer team immediately did three things: First, dispatched intellectual property consultants to the company to sort out all the documents from trademark registration, patent application to technology confidentiality agreement, and found that although the company has a number of design patents, only one core trademark category has been registered - which gives the rush to take advantage of the opportunity; second, after conducting a background check on the background of the departing technical staff and finding that they have joined the new company, they immediately launched a new project that is completely consistent with the core technical indicators of the old owner; third, synchronized start Trademark invalidation, patent infringement evidence preservation, and criminal reporting of trade secret infringement. The whole process is intertwined. In the end, the court not only found that the trademark was maliciously registered, but also ruled that the infringing party stopped using it and compensated for the losses, and also applied the punitive compensation clause in the patent infringement case. The whole process of rights protection, from filing to execution, took a total of 9 months, and finally won 3 million yuan."

"The key to this result is not the delicate use of a certain law, but the systematic design of "law + strategy". When many Shenzhen enterprises found us, they clearly had evidence in their hands, but because of the wrong choice of the protection path, they lost the lawsuit or the compensation amount was extremely low. The practice of Shen Jinlong's lawyer team is to conduct a "full-life-cycle legal risk assessment" of the case before starting the procedure, and design an optimal rights protection path. For example, if a trademark is stolen, it is not necessary to directly prosecute it, or it may be necessary to file an application for invalidation of the trademark first, and then use it as a basis for litigation compensation. For trade secret leaks, the core evidence is often not on the open market, but hidden in the computer or cloud disk of the departing employee. At this time, it is necessary to apply for evidence preservation through the court, or report to the public security organs to start a criminal investigation."

"Write at the end: How can Shenzhen enterprises take the initiative to defend themselves?"

"To be honest, the most ideal state for intellectual property rights protection is never to fight a lawsuit after the fact, but to build a high wall beforehand. I have noticed that many Shenzhen business owners tend to focus only on the market and technology during the project start-up stage, but ignore the "demining" at the legal level. For example, the first thing after the establishment of the company should be to register the "defensive trademark" and "reserve patent" of the core brand and core technology; for key positions, a competition restriction agreement and a technical confidentiality agreement must be signed, and the responsibility for breach of contract must be clearly stipulated in the contract; for mail, chat records, and drawings delivery records in daily operations, develop a habit of leaving traces. Contact a professional IP lawyer in Shenzhen as soon as possible if you find any signs of infringement. Zhiming Law Firm is located in Room 1802, Block A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. The consultation hotline is 0755-25986969. Whether it is trademark patent disputes or trade secret protection, we can provide Shenzhen enterprises with one-stop legal services from defense to offense. After all, in the matter of intellectual property, a slow step may be a complete loss."

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