What problem does it solve?
This Skill helps legal and IP teams quickly screen whether alleged acts may infringe four main IP rights in Mainland China, estimate litigation/defense risks, and propose practical next steps for rights protection.
Core Features & Use Cases
- Four-rights infringement triage (商标/专利/著作权/商业秘密): Evaluates initial evidence strength and likely infringement types for each right based on China’s core statutory framework.
- Right-basis stability assessment: Checks key validity/maintain/ownership/usability factors (e.g., patent fee status, trademark use evidence, copyright originality/timelines, trade secret secrecy measures).
- Infringement comparison + defenses: Performs preliminary comparisons (e.g., trademark confusion factors, patent claim-chart handoff, copyright contact + substantial similarity, trade secret acquisition/unfair means) and flags likely counter-claims such as invalidation, “撤三”, malicious litigation, and ownership disputes.
- Action plan output: Produces an “侵权风险初评意见书” including recommended route (warning/letter, administrative complaint, civil litigation, criminal report, platform complaint, invalidation/defensive invalidation) and reverse-risk prompts.
- Commercial-secret special handling: Emphasizes confidentiality and the evidentiary mechanism (including the burden-shift logic under relevant provisions).
Quick Start
Use the infringement-triage skill to assess a specific case by providing the rights information and the alleged infringement facts for Mainland China trademark/patent/copyright/trade secret triage.