Mr. Zhou: I have a toy store next to an elementary school, specializing in selling various toys for elementary school students. I have just heard that some toy store owners have been sued in court and lost a lot of money for infringing others' design patents by selling counterfeit toys, so I would like to know how to avoid this situation.
Lawyer Liu Hong: According to the relevant provisions of the Patent Law, "after the design patent right is granted, any unit or individual shall not implement its patent without the permission of the patentee, that is, shall not manufacture, sell or import its design patent products for the purpose of production and operation."
The lawyer suggested, first in the purchase of goods to choose the formal channels, need to carefully understand the qualifications of the supplier and the source of goods channels and access to the corresponding authorization, the supplier is required to provide the corresponding authorization certificate.
Secondly, pay attention to the appearance of the products. The toys produced by regular manufacturers usually have the production name, factory address, contact number and production date, quality certificate, product specifications and other information printed in the obvious position of the package, while counterfeit infringing products often have incomplete information, and some of them are purely "three-nothing products".
Again, keep the formal purchase invoices and other documents to show that the products you sell come from the proper purchase channels. Sellers can pay more attention to the above aspects and try to avoid selling infringing goods and bringing unnecessary risks to themselves.