How to apply for intellectual property protection
1. Propose Apply and obtain authorization;
2. Submit patent year in time fees to keep the patent valid;
3. Involving import and export Customs filing for trade to prevent external infringement;
4 , to develop overseas markets, apply for PCT or direct national application for international trademark registration to protect patent rights in the exporting country;
5. When infringement occurs, file an infringement lawsuit with the court and request an end to the infringement to obtain compensation;
Intellectual property protection methods
(1) Through administrative protection of intellectual property rights.
1. Administrative protection of patent rights:
The competent authorities are the State Intellectual Property Office and local intellectual property administrative departments, which are responsible for administrative mediation of patent disputes. Patent disputes mainly include:
(1) Patent infringement disputes, patent ownership disputes, etc. The conditions for intellectual property management agencies to accept patent dispute cases are as follows:
(2) The person requesting mediation must have a direct interest in the dispute or controversy units or individuals;
(3) There is a clear Requested person;
(4) There are specific requirements and Factual basis; falling within the jurisdiction and scope of the intellectual property management agency;
(5) The parties have not yetFile a lawsuit with 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 is responsible for imposing administrative penalties on infringement of trademark rights.
3. Administrative protection of copyright: The competent authority is the state The Copyright Office and local copyright administrative departments are responsible for imposing administrative penalties on copyright infringements.
(2) Through judicial protection of intellectual property rights.
1. Determination of jurisdiction: due to different natures of cases , shall be under the jurisdiction of the court with jurisdiction and the People's Court at the place where the infringement occurred or the People's Court at the place where the defendant is domiciled.
2. Conditions that should be met to file an intellectual property infringement lawsuit ：
(1) The plaintiff has a direct interest in this case Citizens, legal persons and other organizations with relationships;
(2 ) has a clear defendant;
(3) has a specific the lawsuitSummarize facts and reasons;
(4) Belong to the people The scope of civil litigation accepted by the court and the jurisdiction of the people's court subject to the lawsuit.
Intellectual property rights must be protected after approval. Only in this way can your legitimate rights and interests be protected from being infringed. If the situation you are consulting is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.
