CN111815486A - Service platform and method for searching clues of infringing products - Google Patents
Service platform and method for searching clues of infringing products Download PDFInfo
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Abstract
The invention relates to a service platform and a method for searching for a clue of an infringing product, which comprises an information storage module, an information acquisition module, an information analysis module and an information feedback module, wherein standardized product information is stored in the information storage module; the information analysis module is used for matching standardized product information stored in the information storage module with product information of a product to be verified input by the information acquisition module, and the information feedback module is used for displaying information of a seller or a manufacturer or a user of the product to be verified corresponding to a matching result of the information analysis module. The service platform and the method can greatly reduce the time and cost for enterprises to search for manufacturing, selling or using infringement products, are favorable for the enterprises to better develop product maintenance rights and build good market competition order.
Description
Technical Field
The invention relates to a service platform and a method for searching a clue of an infringing product, belonging to the technical field of product counterfeiting right maintenance.
Background
The product infringement is always a very headache problem faced by enterprises, especially some enterprises with good brand benefits and wide product market prospects, and the product is more easily counterfeited by some lawbreakers, thus seriously damaging the benefits of the enterprises. The protection of products by means of intellectual property rights is the most effective method for enterprises to attack counterfeit infringement products, and the main idea of the patent laws of the major countries in the world is to define monopoly of patents as patent products which cannot be manufactured, used, offered for sale, sold and imported for production and marketing purposes, or to use the patent methods and products directly obtained by using, offering for sale, sold and imported according to the patent methods.
At present, most enterprises mainly establish a special counterfeiting department for counterfeiting products with independent intellectual property rights, and a plurality of potential counterfeiting clues on the market are not presented to the counterfeiting department of the enterprises due to the fact that relevant commodities collected by market sales personnel from the market are counterfeited.
In addition, for some special products, such as street lamps, mechanical equipment and the like, since they are all placed in a specific area during the use process, it is generally difficult for patentees to directly go to the product site for close comparison of patent infringement analysis except installation or maintenance personnel, which reduces the illegal cost of manufacturing and using such infringement products invisibly.
Disclosure of Invention
The invention aims to provide a service platform and a method for searching a clue of an infringing product, which can greatly reduce the time and cost for searching, manufacturing, selling or using the infringing product by an enterprise, are favorable for the enterprise to better develop product maintenance right and build good market competition order.
In order to realize the purpose, the invention adopts the technical scheme that: a service platform and a method for searching for a clue of an infringing product comprise an information storage module, an information acquisition module, an information analysis module and an information feedback module, wherein standardized product information is stored in the information storage module, and the information acquisition module is used for inputting product information of a product to be verified, and seller or manufacturer or user information of the product to be verified into the information storage module; the information analysis module is used for matching standardized product information stored in the information storage module with product information of a product to be verified, which is input by the information acquisition module, the information feedback module is used for displaying information of a seller or a manufacturer or a user of the product to be verified, which corresponds to a matching result of the information analysis module, and a clue for selling or manufacturing or using an infringing product is obtained by reading the information on the information feedback module.
In the above scheme, the function of the information acquisition module is completed by a user who is very easy to contact an infringing product.
In the above scheme, the standardized product information includes a layout manner of characters, patterns or colors on a package of an authentic product, or a shape of the authentic product, or a pattern of the authentic product, or a shape and a color of the authentic product, or a pattern and a color of the authentic product, or a shape, a pattern and a color of the authentic product; the product information of the product to be verified comprises a layout mode of characters, patterns or colors on a package of the product to be verified, or the shape of the product to be verified, the patterns of the product to be verified, the shape and the colors of the product to be verified, the pattern and the colors of the product to be verified, or the shape, the patterns and the colors of the product to be verified.
In the above scheme, the function of the information analysis module is completed by a leave-right-taking person of an enterprise or a lawyer of a law firm entrusted by the enterprise.
In the above scheme, the standardized product information, the product information of the product to be verified, and the seller or manufacturer or user information of the product to be verified are stored in the information storage module in an image manner.
In the above scheme, the information analysis module includes an image comparison program, and the image comparison program automatically analyzes and matches the standardized product information image and the product information image of the product to be verified.
In the above scheme, the information acquisition module is self-contained photographing software on the mobile intelligent terminal.
In the scheme, the function of the information acquisition module is completed by a product purchaser, and the product purchaser inputs own contact information into the service platform at the same time; and a third person with the authorization authority extracts the contact information of a plurality of product purchasers from the service platform according to a certain rule, and contacts the product purchasers to reward the product purchasers.
In the scheme, the information on the service platform is authenticated by the third-party trusted timestamp.
The present invention also provides a method for finding a clue for selling or making or using an infringing product, comprising the steps of: s1: establishing or renting an infringing product lead service platform, wherein the infringing product lead service platform has the functions of inputting and storing information and is provided with an access entrance; s2: encouraging a user who is very easy to contact an infringing product to enter the infringing product clue service platform from the access entrance by using an information interaction tool through market publicity, and simultaneously inputting product information of a product to be verified and seller or manufacturer or user information of the product to be verified into the infringing product clue service platform by the user according to information prompts of the infringing product clue service platform; s3: the information analysis unit matches the standardized product information with the product information of the product to be verified, and associates the matching result with the seller or manufacturer or user information of the product to be verified, thereby finding a clue for selling or manufacturing or using an infringing product.
The invention has the beneficial effects that: (1) the invention establishes a service platform for searching a clue of selling or manufacturing or using the infringed product, can employ a large number of specialized personnel at extremely low cost, and the personnel can easily upload some product information, product seller or manufacturer or user information which are touched by the personnel as required to the service platform precisely due to the fact that the personnel are most easily touched by a group of fake products (such as consumers who buy the products and the like). (2) The method attracts the product purchaser to actively upload the information of the purchased product to the service platform by cash reward or product reward or discount reward, greatly mobilizes the enthusiasm of the product purchaser for counterfeiting, and can enlarge the coverage of collecting the clues of the infringing commodity with extremely low cost. (3) And the information on the service platform is subjected to third-party trusted timestamp authentication, so that powerful time evidence can be provided for subsequent maintenance of the enterprise. (4) The service platform system for searching the clue of selling, manufacturing or using the infringing product has simple structure, easy configuration and easy realization of later maintenance and data expansion.
Drawings
FIG. 1 is a schematic diagram of a service platform for finding a clue of an infringing product according to the present invention.
In the figure: 1. an information storage module; 2. an information acquisition module; 3. an information analysis module; 4. and an information feedback module.
Detailed Description
The technical solution of the present invention will be described in more detail with reference to the accompanying drawings.
As shown in fig. 1, the service platform for finding a clue of an infringing product provided by this embodiment includes an information storage module 1, an information acquisition module 2, an information analysis module 3, and an information feedback module 4, where standardized product information is stored in the information storage module 1, and the standardized product information includes a layout manner of characters, patterns, or colors on a package of an authentic product, or a shape of the authentic product, or a pattern of the authentic product, or a shape and a color of the authentic product, or a shape, a pattern, and a color of the authentic product; the information acquisition module 2 is used for inputting product information of a product to be verified, seller or manufacturer or user information of the product to be verified into the information storage module 1, wherein the product information of the product to be verified corresponds to the standardized product information, and also comprises a layout mode of characters, patterns or colors on a package of the product to be verified, or the shape of the product to be verified, or the patterns of the product to be verified, or the shape and the colors of the product to be verified, or the patterns and the colors of the product to be verified, or the shape, the patterns and the colors of the product to be verified; the information analysis module 3 is used for matching standardized product information stored in the information storage module 1 with product information of a product to be verified input by the information acquisition module 2, the information feedback module 4 is used for displaying seller or manufacturer or user information of the product to be verified corresponding to a matching result of the information analysis module 3, and a clue for selling, manufacturing or using an infringing product can be found by reading information on the information feedback module 4. And various information on the service platform passes the authentication of the third-party trusted timestamp.
In this embodiment, the standardized product information, the product information of the product to be verified, and the seller or manufacturer or user information of the product to be verified are stored in the information storage module in an image manner, and it is most preferable that the standardized genuine product information, the product information of the product to be verified, and the seller or manufacturer or user information of the product to be verified are respectively entered into the information storage module 1 by using a photographing function of a mobile phone. In order to encourage users to actively upload information of products to be verified to the service platform, a commission or lottery mode can be adopted for the users to attract various users to actively participate. Specifically, for a common product purchaser, when uploading information to a service platform, the common product purchaser can simultaneously input own contact information into the service platform; and a third person with the authorization authority extracts the contact information of a plurality of product purchasers from the service platform according to a certain rule, and contacts the product purchasers to reward the product purchasers.
The function of the information analysis module in this embodiment may be matched manually, for example, may be completed by a employee who takes a fraud and who takes a fraud in an enterprise or a lawyer of a law firm entrusted by the enterprise, and these employees are professional technicians in the field of taking a fraud, and may quickly utilize professional knowledge, and compare image information uploaded to the service platform by the user with image information of genuine products, to quickly judge whether a product uploaded to the service platform by the user is an infringing product, or may be automatically completed by using a computer technology, for example, an image comparison program may be used, and the image comparison program automatically analyzes and matches a standardized product information image and a product information image of a product to be verified.
Example 1.
The embodiment provides a service platform and a method for searching for an appearance design patent right infringing a certain street lamp. After the street lamps are sold, in order to guarantee the safety of passers-by, the street lamps are generally installed on a street lamp installation frame which is at least more than 3 meters away from the ground, when an enterprise which has the appearance design patent right of a certain street lamp judges whether the street lamps used on two sides of a highway in a certain area section are patent products imitating the street lamps of the enterprise, because the street lamp installation distance is higher, a fake guard of the enterprise generally has difficulty in observing the specific shape and structure of the street lamps in a short distance, great obstacles are brought to judging whether the street lamps are infringed, and the fake guard of the enterprise is limited by hands, and the fake guard of the enterprise also has difficulty in comprehensively checking the street lamps used on two sides of the highway in any place of the country, which brings great difficulty to the product fake guard of the enterprise. However, workers who initially install the street lamps and subsequently maintain the street lamps are close crowds who closely contact the street lamps, and the precious crowd resources are often ignored by street lamp enterprises.
In order to solve the above technical problems, the service platform for searching for a street lamp design patent right infringing on a certain street lamp provided in this embodiment 1 includes an information storage module 1, an information acquisition module 2, an information analysis module 3, and an information feedback module 4, wherein six protection views at six angles of an authorized street lamp design patent issued by the national intellectual property office after authorization of the street lamp design patent are stored in the information storage module 1 in advance, and the six views may be shapes of street lamps, patterns of street lamps, shapes and colors of street lamps, patterns and colors of street lamps, or shapes, patterns and colors of street lamps; the information acquisition module 2 is completed by street lamp installation and maintenance personnel in different regions hired, street lamp installation and maintenance personnel in different regions use the photographing function of a mobile phone when installing and maintaining street lamps in the region, the street lamp to be installed or maintained is photographed at six corresponding angles in a short distance under the information prompt of a service platform, meanwhile, regions printed with street lamp production enterprises or sales enterprises on street lamp products are photographed together, the information, installation position information of the street lamps, purchasing unit information of the street lamps and the like are uploaded to the information storage module 1 together, the information analysis module 3 can be completed in two modes, and one mode is that an enterprise fake-fighting person or an enterprise entrusted patent attorney of the street lamp appearance design patent right uploads six protection views of the appearance design patent right of the street lamp and street lamp installation and maintenance personnel in different regions to various street lamps in a server from the background of the service platform The six views are manually compared, and whether the six views fall into the protection range of the appearance design patent right of the street lamp is judged; in another mode, a well-developed computer image comparison technology is fully utilized, image information of six protection views of the street lamp appearance design patent right is automatically matched with image information of six views of various street lamps uploaded to a server by street lamp installation and maintenance personnel in different regions by an image comparison program, and when a comparison result is higher than a specified similarity threshold value, the street lamp stored in a background falls into the protection range of the certain street lamp appearance design patent right. The information feedback module 4 is used for feeding back the information of production enterprises or the information of sales enterprises printed on the infringing street lamp falling into the protection range of the external design patent right of a certain street lamp, so that a clue of the external design patent right of the infringing street lamp is visually presented. In order to guarantee the accuracy of the clues, further confirmation can be carried out manually at the moment. In addition, various information stored in the information storage module 1 passes the authentication of the third-party trusted timestamp, and time evidence can be provided for an enterprise with patent right on appearance design of a certain street lamp when developing a right to be protected.
The method for searching for a clue infringing on the design patent right of a certain street lamp provided by the embodiment 1 comprises the following steps: s1: an enterprise patented in design of the appearance of a certain street lamp can establish a service platform for searching an infringing product clue by the enterprise and also can rent a service platform developed by a third party for searching the infringing product clue, wherein the service platform for searching the infringing product clue has the functions of inputting and storing information, and the service platform for searching the infringing product clue is provided with an access entrance; s2: actively connecting street lamp installation and maintenance personnel in different regions, encouraging the street lamp installation and maintenance personnel in different regions to log in the service platform for finding the route of the infringing product by using a mobile phone and taking pictures of the street lamp to be installed or maintained at a short distance by using the picture taking function of the mobile phone under the information prompt of the service platform, and simultaneously taking pictures of the area of a street lamp production enterprise or a selling enterprise printed on the street lamp product, wherein the information is uploaded to the route service platform of the infringing product together with the installation position information of the street lamp, the purchasing unit information of the street lamp and the like; s3: the method comprises the steps that a fake-drawing right-maintaining person of an enterprise or a lawyer (equivalent to an information analysis unit) of a law firm entrusted by the enterprise regularly or irregularly logs on a background of an infringing product clue service platform, six views of street lamps uploaded to the service platform by street lamp installation and maintenance personnel are compared according to six view protection ranges of the appearance design patent rights of the street lamps, and clues of manufacturing or selling street lamps with the appearance design patent rights are found by combining production enterprise information or selling enterprise information printed on the street lamps and installation position information of the street lamps.
In addition, in order to reduce the workload of information comparison of a holiday maintainer of an enterprise or a lawyer of a law firm entrusted by the enterprise, a computer image comparison technology can be fully utilized, a computer image comparison program which is designed in advance and images of six views reflecting the street lamp appearance design patent right are stored in the infringement product searching clue service platform together, the image comparison program automatically matches the image information of six protection views of the street lamp appearance design patent right with the image information of six views of various street lamps uploaded to the server by street lamp installation and maintenance personnel in different regions, and by setting a similarity threshold value, when the comparison result is higher than the specified similarity threshold value, the street lamp stored in a background falls into the protection range of the street lamp appearance design patent right. In order to guarantee the accuracy of the clues, further confirmation can be carried out manually at the moment.
Example 2.
The present embodiment provides a way of finding a clue for selling a fake wine. At present, various brands of drinks in the market are provided with anti-counterfeiting articles on outer packages, for example, code spraying on a beer bottle cap, anti-counterfeiting pattern arrangement on a white spirit bottle cap, quality of beer labels, printing quality of white spirit labels, strokes, intervals and positions of specific characters on outer packaging paper, intervals and positions of specific patterns or colors and the like are doorsills capable of blocking a large number of counterfeiters outdoors. However, as common consumers, the anti-counterfeiting knowledge on the outer packages is generally relatively deficient, and the consumers can easily buy the fake wine because the consumers can only simply judge the trademark and the name on the outer packages when buying the fake wine.
In combination with the above situation, this embodiment 2 provides a service platform for searching a clue of selling a certain brand of fake wine, which includes an information storage module 1, an information acquisition module 2, an information analysis module 3, and an information feedback module 4, where the information storage module 1 stores in advance a picture of a layout manner of anti-counterfeit characters, patterns, or colors on an outer package of a certain brand of wine; the information acquisition module 2 is completed by a common consumer, a producer of the wine of a certain brand can convey the concept to the consumer through advertisements and news media, as long as the consumer purchases the wine of the product brand, a specific area on the wine packaging paper is photographed and uploaded to a service platform through a mobile phone, meanwhile, the contact way of the producer is reserved, the qualification of drawing the specific reward can be obtained, for example, the qualification can be cash red packet reward or reward given to a certain product or discount reward of purchasing the product again, and the like, after the consumer purchases the wine of the specific brand, the consumer can log in the service platform selling false wine of the certain brand through the mobile phone due to the low-price psychology, the information such as the specific external packaging area of the purchased wine and shopping bills opened by a seller purchasing the wine can be photographed and uploaded to the information storage module 1 through the mobile phone photographing function according to the platform information prompt, reserving own contact information; the information analysis module 3 can be completed in two ways, one way is that an enterprise counterfeit-proof person of a certain brand of wine or an entrusted patent lawyer of the enterprise simultaneously compares the picture of the layout mode of the anti-counterfeit characters, patterns or colors on the outer package of the certain brand of wine with the layout mode of the anti-counterfeit characters, patterns or colors on the outer package of the bought wine uploaded by a consumer from the background of the service platform, and judges whether the picture is a genuine product; another way is to make full use of the well-established computer image comparison technology, automatically match the picture of the anti-counterfeiting characters, patterns or colors on the outer package of the wine of a certain brand with the anti-counterfeiting characters, patterns or colors on the outer package of the wine purchased by the consumer by using an image comparison program, and by setting a similarity threshold value, when the comparison result is higher than the specified similarity threshold value, the wine is a genuine product. The information feedback module 4 is used for displaying the information of the wine selling enterprise when the comparison result is a non-genuine product, thereby obtaining a clue of selling counterfeit wine. In order to guarantee the accuracy of the clues, further confirmation can be carried out manually at the moment. In addition, various types of information stored in the information storage module 1 pass the authentication of the third-party trusted timestamp, and time evidence can be provided for certain brands of wine production enterprises when developing maintenance rights.
The method for searching a clue for selling a brand of fake wine provided by the embodiment 2 comprises the following steps: s1: a production enterprise of a certain brand of wine can establish a service platform for finding an infringement product clue by itself, and also can rent a service platform for finding an infringement product clue developed by a third party, wherein the service platform for finding the infringement product clue has the functions of inputting and storing information, and the service platform for finding the infringement product clue is provided with an access entrance; s2: actively connecting wine consumers in different regions, encouraging the consumers to log in the clue service platform for searching the infringement product by using a mobile phone when buying the wine in the product brand by means of modes such as reward and the like, taking a picture of a specific area (namely an area of a layout mode of anti-counterfeiting characters, patterns or colors on an outer package) on the wine outer package under the information prompt of the service platform by using the picture taking function of the mobile phone, and taking a picture of information such as a shopping bill and the like issued by a seller buying the wine and uploading the picture to the clue service platform for the infringement product; s3: false right-keeping personnel of an enterprise or lawyers (equivalent to an information analysis unit) of a law firm entrusted by the enterprise regularly or irregularly log on a background of the infringing product clue service platform, and a clue for selling a certain brand of fake wine is found according to the layout mode of anti-fake characters, patterns or colors on the external package of the genuine wine and the anti-fake area uploaded to the service platform by a consumer and the combination of the seller information of the wine.
In addition, in order to reduce the workload of comparing the information of the enterprise waiving and maintaining personnel or law firms of the law firm entrusted by the enterprise, the computer image comparison technology can be fully utilized, a computer image comparison program designed in advance and an image reflecting the layout mode of anti-counterfeiting characters, patterns or colors on the external package of the authentic wine can be stored in the infringing product searching clue service platform together, the image comparison program automatically matches the layout mode of the anti-counterfeiting characters, patterns or colors on the external package of the authentic drinks with the anti-counterfeiting area uploaded to the service platform by the consumer, and through setting a similarity threshold value, when the comparison result is lower than the specified similarity threshold value, the fact that the wine stored in the background belongs to counterfeit wine of a certain brand is meant, and a clue for selling fake wine of the certain brand is found by combining the seller information of the wine. In order to guarantee the accuracy of the clues, further confirmation can be carried out manually at the moment.
Claims (10)
1. A service platform for searching for a clue of an infringing product is characterized by comprising an information storage module (1), an information acquisition module (2), an information analysis module (3) and an information feedback module (4), wherein standardized product information is stored in the information storage module (1), and the information acquisition module (2) is used for inputting product information of a product to be verified, and seller or manufacturer or user information of the product to be verified into the information storage module (1); the information analysis module (3) is used for matching standardized product information stored in the information storage module (1) with product information of a product to be verified, which is input by the information acquisition module (2), the information feedback module (4) is used for feeding back information of a seller or a manufacturer or a user of the product to be verified, which corresponds to a matching result of the information analysis module (3), and a clue for selling, manufacturing or using an infringing product is obtained by reading the information fed back by the information feedback module (4).
2. The service platform for finding clues of infringing products as claimed in claim 1, wherein the function of said information collecting module is performed by a user who is very easy to get access to infringing products.
3. The service platform for finding the clue of the infringing product as claimed in claim 1, wherein the standardized product information includes a layout of characters or patterns or colors on the package of the genuine product, or a shape of the genuine product or a pattern of the genuine product or a shape and a color of the genuine product or a shape, a pattern and a color of the genuine product; the product information of the product to be verified comprises a layout mode of characters, patterns or colors on a package of the product to be verified, or the shape of the product to be verified, the patterns of the product to be verified, the shape and the colors of the product to be verified, the pattern and the colors of the product to be verified, or the shape, the patterns and the colors of the product to be verified.
4. A service platform for finding infringed product leads as claimed in claim 3, wherein the function of said information analysis module is performed by a fake maintainer of an enterprise or a lawyer of a law firm entrusted by the enterprise.
5. The service platform for finding infringing product clues as claimed in claim 3, wherein said standardized product information, product information of said product to be verified, seller or manufacturer or user information of said product to be verified are stored in said information storage module in the form of image.
6. The service platform of claim 5, wherein the information analysis module comprises an image matching program, and the image matching program automatically analyzes and matches a standardized product information image with a product information image of the product to be verified.
7. The service platform for finding a clue of an infringing product as claimed in claim 5, wherein the information collection module is a camera software provided on the mobile intelligent terminal.
8. The service platform for finding the clue of the infringing product as claimed in any one of claims 1 to 7, wherein the function of the information acquisition module is completed by a product purchaser, and the product purchaser simultaneously inputs the own contact information into the service platform; and a third person with the authorization authority extracts the contact information of a plurality of product purchasers from the service platform according to a certain rule, and contacts the product purchasers to reward the product purchasers.
9. The service platform for finding infringing product leads as claimed in any one of claims 1 to 7, characterized in that, the information on the service platform is authenticated by a third party trusted timestamp.
10. A method of finding a clue for an infringing product, comprising the steps of:
s1: establishing or renting an infringing product lead service platform, wherein the infringing product lead service platform has the functions of inputting and storing information and is provided with an access entrance;
s2: encouraging a user who is very easy to contact an infringing product to enter the infringing product clue service platform from the access entrance by using an information interaction tool through market publicity, and simultaneously inputting product information of a product to be verified and seller or manufacturer or user information of the product to be verified into the infringing product clue service platform by the user according to information prompts of the infringing product clue service platform;
s3: the information analysis unit matches the standardized product information with the product information of the product to be verified, and obtains a clue for selling or manufacturing or using an infringing product by associating the matching result with the seller or manufacturer or user information of the product to be verified.
Applications Claiming Priority (2)
| Application Number | Priority Date | Filing Date | Title |
|---|---|---|---|
| CN202010493250 | 2020-06-03 | ||
| CN2020104932509 | 2020-06-03 |
Publications (1)
| Publication Number | Publication Date |
|---|---|
| CN111815486A true CN111815486A (en) | 2020-10-23 |
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| CN202010638443.9A Pending CN111815486A (en) | 2020-06-03 | 2020-07-06 | Service platform and method for searching clues of infringing products |
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