Conditions that should be met for intellectual property infringement litigation

Invention patents, trademarks, and industrial designs are all Intellectual property rights, but nowadays, there are more and more infringements of intellectual property rights such as patent rights, copyrights, and trademark rights. So what should you do if you are infringed? Next, the editor of Legal Savior Network has compiled some relevant knowledge about ways to protect intellectual property rights and the conditions that should be met in intellectual property infringement lawsuits. Everyone is welcome to read!

Intellectual property litigation refers to the general term for various litigation involving intellectual property rights conducted in people's courts, including intellectual property civil litigation, intellectual property administrative litigation and intellectual property criminal litigation. From this perspective, intellectual property litigation is not a separate type of litigation. Its essence is still the sum of civil litigation, administrative litigation and criminal litigation.

Administrative protection channels:

(l) Administrative protection of patent rights: The competent authority is the National Intellectual Property Office The Intellectual Property Office and local intellectual property administrative departments are responsible for administrative mediation of patent disputes. Patent disputes mainly include: patent infringement disputes, patent ownership disputes, etc. The conditions for the intellectual property management agency to accept patent dispute cases are as follows: the requestor for mediation must be a unit or individual with a direct interest in the dispute; there is a clear respondent; there are specific requirements and factual basis; and it must be under the jurisdiction of the intellectual property management agency The scope and scope of the case; the parties have not yet filed a lawsuit in the People's Court.

(2) Administrative protection of trademark rights: The competent authority is the industrial and commercial administration department at or above the county level where the infringement occurs, and is responsible for administrative penalties for infringement of trademark rights. .

(3) Administrative protection of copyright: The competent authorities are the National Copyright Administration and local copyright administrative departments, which are responsible for administrative penalties for copyright infringement.

Judicial protection channels:

(1) Determination of jurisdiction: Due to the different nature of the cases, the It shall be under the jurisdiction of the court with jurisdiction and the People's Court of the place where the infringement occurred or the People's Court of the place where the defendant is domiciled.

(2) Conditions that must be met to file an intellectual property infringement lawsuit:

The plaintiff is related to this case Citizens, legal persons and other organizations with direct interests; there are clear defendants; there are specific litigation claims, facts and reasons; it falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.