How does the People’s Court handle patent infringement disputes
When handled by the patent management department, the infringement was determined to be established. , the infringer may be ordered to immediately stop the infringement. If the party is dissatisfied, he may file a lawsuit with the People's Court in accordance with the "Administrative Procedure Law of the People's Republic of China" within fifteen days from the date of receipt of the handling notice; the infringer will not sue upon expiration of the time limit and will not stop. In the event of infringement, the patent administration department may apply to the People's Court for enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
"Patent Law" Article 60 Unpatented If the patentee's permission is granted to exploit the patent, that is to say, the patent rights are infringed upon and a dispute arises, it shall be settled by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the People's Court or request management of the patent. department processing. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Patent disputes The following points must be clarified for proper handling:
1 .Patent rights refer to the exclusive rights that the obligee enjoys within the statutory period for a patented invention and creation in accordance with the provisions of the Patent Law. The Patent Law stipulates that patentees have exclusive and exclusive rights over their patented inventions and creations. Unless otherwise provided by law, no one may manufacture, use, offer for sale, sell or import their patented products for production and business purposes. Or use its patented method, and use, sell, and import products directly obtained according to the patented method. Otherwise, it will constitute an infringement.
2. Patent right is a civil right, and civil rights are subject to In case of infringement, the parties can independently choose the method of defending their rights. my country's Patent Law stipulates three methods: the first is settlement through negotiation, that is, when an infringement dispute occurs, the parties shall negotiate to resolve it; the second is filing a lawsuit, that is, when the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may File a lawsuit with the People's Court; the third method is to request the patent management department to handle it. The patent management department refers to the patent administrative department of the province, autonomous region, or municipality directly under the Central Government and other government departments and organizations responsible for patent management.
3. Manage the administrative processing of the patent department. After a patent infringement dispute occurs, if a party requests the patent management department to handle it, the patent management department must handle it and make a judgment based on the facts and law. If the infringement is determined to be established, the infringer can be ordered to immediately stop the infringement. If the party is not satisfied, If the infringer does not sue or stop the infringement upon expiration of the time limit, the patent administrative department may apply to the People's Court for compulsory enforcement.
4. Administrative mediation by the patent management department. After a patent infringement dispute occurs, the patent management department may, at the request of the party, handle the dispute. Mediate the amount of compensation for the right; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law.
5. Evidence issues in patent infringement disputes. When handling patent infringement disputes, both the People's Court and the patent management department require relevant persons and units to provide relevant evidence. The Patent Law stipulates that for invention patents involving new product manufacturing methods, units or individuals that manufacture the same product shall provide proof that their product manufacturing methods are different from the patented methods, that is, the accused infringer shall bear the burden of proof; if a utility model patent is involved, The People's Court or the patent management department may require the patentee to issue a search report issued by the Patent Administration Department of the State Council to facilitate the judgment of whether there is infringement and to handle disputes accurately and timely.
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