偽物を売っているセラーは値段をあげてきました。しかし、値段をあげても、私どもの商品より値段を上げることはないでしょうから値段では勝てません。
今日、弁理士さんと話しましたが、結論から言うと何もできそうにありません。
意匠権、商標権、は取れません。そして中国の特許を日本で取ることも、中国の出願日から1年を過ぎているので不可能です。
不当競争防止法で訴えることはできますが、勝てるかどうかはわからず、費用は数百～数千万かかるということで現実的ではありません。
悔しいですがどうしようもない。
Rating
52
Translation / English
- Posted at 07 Jan 2019 at 17:50
The seller who is selling the fake item has risen the price.
However, even if even if he rises the price, he will not make the price more expensive than our item.
Therefore, we cannot win for the view of the price.
I talked with the lawyer today.
To summarize, I cannot do anything.
I cannot get the design rights and trade mark rights.
Also, I cannot get Chinese patent in Japan because 1 year passed after the the filing date in China.
I can sue him based on act against unfair competition.
However, we cannot know if we will win. Also, it costs a couple of millions - tens millions. It means it is not practical. It cannot be helped even if I am sad.
However, even if even if he rises the price, he will not make the price more expensive than our item.
Therefore, we cannot win for the view of the price.
I talked with the lawyer today.
To summarize, I cannot do anything.
I cannot get the design rights and trade mark rights.
Also, I cannot get Chinese patent in Japan because 1 year passed after the the filing date in China.
I can sue him based on act against unfair competition.
However, we cannot know if we will win. Also, it costs a couple of millions - tens millions. It means it is not practical. It cannot be helped even if I am sad.
![[deleted user]](https://secure.gravatar.com/avatar/695023b4efd563721d13716b1457bc73.png?d=identicon&mode=crop&r=PG&s=42)
Rating
52
Translation / English
- Posted at 07 Jan 2019 at 17:56
A seller selling fake went up the price, but we are not competing if it goes up the price rather than our product.
Today I was discussed with patent attorney but I am unable to do anything.
We would not have a design right as well as trademark, and also it is impossible to get a patent from China even in Japan because it has passed one year after the date of submission from China.
We can appeal the unfair competition prevention law but no one knows we win and also we don't know the expenses like millions yen. It has no reality .
We are at a loss but it cannot be helped at this time.
Today I was discussed with patent attorney but I am unable to do anything.
We would not have a design right as well as trademark, and also it is impossible to get a patent from China even in Japan because it has passed one year after the date of submission from China.
We can appeal the unfair competition prevention law but no one knows we win and also we don't know the expenses like millions yen. It has no reality .
We are at a loss but it cannot be helped at this time.
Rating
50
Translation / English
- Posted at 07 Jan 2019 at 18:19
The seller who sold the fakes raised the price. Even if the price is raised, it won't be higher than our goods, so it's not competitive by the price.
I've talked to the attorney but it didn't come to any conclusion.
We can get the design right and the trademark. It is impossible to get a Chinese patent in Japan because it is already more than one year after the application in China.
You can by the unfair competition appeal prevention law, but whether you can win or not, it will cost millions and It is not realistic.
I'm regretful but can't do nothing about it.
I've talked to the attorney but it didn't come to any conclusion.
We can get the design right and the trademark. It is impossible to get a Chinese patent in Japan because it is already more than one year after the application in China.
You can by the unfair competition appeal prevention law, but whether you can win or not, it will cost millions and It is not realistic.
I'm regretful but can't do nothing about it.
"We can get the design right and the trademark."ではなく、”We can't get the design right and the trademark."です。失礼いたしました。