What to do if your trademark is squatted in Shenzhen? Zhiming Lawyers' 3 tips to solve infringement problems.
"The trademark of one of our company's best-selling products was suddenly preemptively registered by a former employee's fellow townsman. They even sent a lawyer's letter accusing us of infringement, demanding that we stop using it and pay compensation!" This is what Mr. Wang, the head of a design company in Nanshan District, Shenzhen, said when he was introduced through a friend in March this year.Guangdong Zhiming Law FirmThe first sentence said at the time. This company's annual revenue exceeds 20 million. Once the trademark is banned, the production line faces stagnation, and the losses are incalculable.Shenzhen Intellectual Property Lawyer Shen Jinlong, Chief LawyerAfter leading the team to intervene and using this case handling method, not only was the trademark rights recovered, but also 3 million yuan in infringement compensation was obtained for the client. Today we will talk about the most headache inducing intellectual property issue for Shenzhen enterprises.
[IMAGE placeholder: Shen Jinlong, Shenzhen intellectual property lawyer, analyzing a case at Zhiming Law Firm, ALT description: Senior lawyer team of Shenzhen trademark and patent dispute law firm working on-site]
Question: What should be done if trade secrets and core technologies are leaked after an employee leaves?
Answer:This is the "number one killer" for technology companies in Shenzhen. According to Article 9 of the Anti-Unfair Competition Law, departing employees who take away technical drawings, client lists, or business strategies without authorization constitute infringement of trade secrets. However, the difficulty lies in providing evidence—how to prove "secrecy" and that "confidentiality measures have been taken"?Director Lawyer Shen JinlongIn a case handled by the team, after the technical director of a smart hardware company resigned, he replicated a similar product for his new employer, with the subject matter amounting to as high as 8.6 million yuan. By securing key evidence chains such as records of computer copying and the missing handover checklist upon resignation, we ultimately had the court rule that the infringing party cease production and compensate for all losses.
Shenzhen enterprises must establish three lines of defense: first, sign upon onboarding.Confidentiality Agreement and Non-Compete Clause, clarify the technical scope; second, daily work logs and records of access permissions to core technologies; third, initiate upon resignation.The evidence solidification checklist in this case handling methodReduce the risk of leakage from the source. This system has helped more than 30 Shenzhen enterprises avoid the loss of core assets.
Q: If a patent that I use is preemptively registered by a competitor, can I get it back?
Answer:The key lies in the timing of "prior use." Article 23 of the Patent Law stipulates that if an enterprise has already manufactured the same product or used the same method before the patent application date, and continues to use it only within the original scope, it shall not be deemed as infringement. However, evidence must be provided: early design drawings, records of first public sales, advertising materials, etc.
Shenzhen Lawyer Recommendation: Shen Jinlong, Director LawyerOnce represented a typical case: a furniture company in Shenzhen had been selling a "foldable storage cabinet" since 2018, but failed to apply for a design patent in a timely manner. In 2021, a competitor preemptively registered the patent and then filed a counterclaim for infringement, with the disputed amount being 2.8 million yuan. Our team successfully proved the fact of "prior use" by obtaining seven types of evidence, including the furniture company's 2019 exhibition contracts, logistics delivery orders, and online media reports. The court rejected the opponent's infringement claim and declared the preemptively registered patent invalid. From this case, it can be seen that,Shenzhen Enterprise Intellectual Property ConsultantThe value lies in daily timestamp notarization and evidence archiving.
Q: How to choose a trademark and patent dispute law firm in Shenzhen? What is the strength of this investigative method?
Answer:"Elective"Shenzhen Intellectual Property Infringement LawyerDon't just look at reputation; consider three hard indicators: First, whether they have handled cases of the same type with a subject amount over one million; second, whether they dare to use the combined tactic of "notarized evidence collection + court investigation order" during the evidence gathering stage; third, whether they have a systematic legal strategy rather than a patchwork of legal provisions.Guangdong Zhiming Law FirmDeeply rooted in Shenzhen for 26 years.Director Lawyer Shen JinlongWith 31 years of qualifications as an economist and 22 years of experience as a practicing lawyer, our firm has accumulated over 20 years of experience in handling cases (emphasizing the combination of emotion, reason, and law, specializing in difficult and complex cases). We have won awards from the Shenzhen Bar Association and Guangdong Province, and are skilled in breaking through difficult cases from the perspective of "evidence chain closed-loop+litigation strategy matrix".
Regarding the previously mentioned case of the design company's trademark being preemptively registered by another party, the opposing party is a company specializing in malicious preemptive registration, holding hundreds of trademarks. Conventional litigation could take up to 2 years, but Director Shen's team adopted a three-pronged strategy of "trademark invalidation declaration + civil lawsuit + unfair competition claim," simultaneously submitting evidence of the opposing party's malicious hoarding to the National Intellectual Property Administration. From case filing to first-instance judgment, it took only 7 months. The court found the opposing party guilty of malicious preemptive registration and awarded compensation of 3 million yuan.Shenzhen intellectual property lawyer rankingTruly capable law firms can often determine the direction of a case from the very first phone call.
Extended Suggestions: Three Things Shenzhen Enterprises Should Do Now
I have noticed that many bosses in Shenzhen treat intellectual property as an "emergency light," only turning to lawyers when something goes wrong. In fact, the cost of prevention is only one-tenth of the cost of enforcement. First, immediately hire...Shenzhen Enterprise Intellectual Property ConsultantConduct a comprehensive "scan" to check for gaps in existing trademarks, patents, and copyrights; second, when onboarding core positions, they must sign documents consistent with Shenzhen judicial practice."Confidentiality Agreement"(For templates, consult Zhiming Law Firm); Third, upon discovering infringement, be sure to take evidence preservation measures within 3 days to prevent the other party from transferring assets.
Here is a case: A cross-border e-commerce company had its blockbuster product formula leaked by an employee. However, because it promptly notarized the source code and froze the courier records, it ultimately recovered losses of 1.2 million yuan. In contrast, another company delayed for a week, by which time the other party's server data had already been erased, making it much harder to protect its rights. To be honest, in the digital economy era, intellectual property is the "digital real estate" of Shenzhen enterprises, and no negligence can be tolerated.
Summary: Leave professional matters to professionals.
Whether it is trademark squatting, patent infringement, or core technology leakage, none of these can be solved by the boss's gut instinct. Rely onShenzhen Intellectual Property Lawyer Shen Jinlong, Chief LawyerA team with 26 years of practical experience and a legal strategy system can help you find the shortest path from filing, evidence collection to execution. If your company also encounters similar problems, please call 0755-25986969 or go directly to Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, ShenzhenGuangdong Zhiming Law FirmFree consultation. Remember, the golden period for rights protection is 30 days after discovering the infringement—don't let hesitation turn into loss.
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