Warning letter refers to the form of legal letter, which points out the facts of infringement to the infringer, explains the legal consequences of his infringement, and puts forward a clear request to the infringer to stop the infringement according to law.
2. The function of warning letter is to protect your intellectual property rights through warning letter and right declaration letter. The warning letter can remind non-malicious infringers, deter some malicious infringers, stop the infringement with less cost and faster time, and effectively safeguard their intellectual property rights. Determine the time point of claim.
Third, the legal effect of the warning letter The warning letter belongs to the way of self-help and rights protection when it is infringed. It does not have the function of enforcement, but mainly stops the infringement by warning the infringer of the corresponding legal consequences. In addition, if the infringer refuses to stop the infringement after receiving the warning letter, it can be confirmed as malicious infringement, and its tort liability will be aggravated to some extent in the subsequent litigation.
Fourth, what do we need to do before issuing a warning letter? After issuing a warning letter, we will remind the infringer that his behavior has been noticed, which is also commonly known as spooking him. This will make it more difficult to collect evidence of infringement. Therefore, the possibility of taking follow-up measures against the infringer is not ruled out. Therefore, it is suggested that the evidence of infringement should be collected and preserved before the warning letter is issued.