How to apply for a pre-litigation cessation of patent infringement
Applying for a pre-litigation cessation of infringement Patent rights refer to the patentee or interested party applying to the People's Court to take measures to order a cessation of infringement of patent rights before filing a lawsuit.
According to the relevant judicial documents of the Supreme People's Court, for all pre-litigation interim measures cases involving intellectual property rights, the filing department should immediately transfer them to the person responsible for intellectual property rights after registration. The business division of the trial will be reviewed by professional judges to ensure that the ruling is made within the statutory time limit and will be implemented immediately through coordination by the judges.
According to relevant intellectual property laws, the condition for applying to stop infringement before litigation is that the intellectual property right owner has evidence to prove that others are committing or about to commit acts that infringe upon his or her rights. , if not stopped in time, its legitimate rights and interests will be irreparably damaged. The Supreme People's Court's "Several Provisions on the Application of Legal Issues in Cessation of Patent Rights Infringement Before Litigation" further elaborated on the relevant substantive conditions and clarified the relevant procedures.
What to do if you are dissatisfied with the ruling
According to the Supreme People's The court stipulates that if the party is dissatisfied with the ruling, it may apply for reconsideration within 10 days from the date of receipt of the ruling. It shall not be suspended during the execution of reconsideration.
The people's court shall review the reconsideration application submitted by the party from the following aspects:
1 , whether the behavior being implemented or about to be implemented by the respondent constitutes infringement of patent rights;
2. Will failure to take relevant measures cause difficulties to the legitimate rights and interests of the applicant? Damage to be compensated;
3. The applicant provides guarantee
4. Whether ordering the respondent to stop the relevant behavior will harm the public interests of society.
Manifestations of patent infringement
Patent infringement is divided into two categories: direct infringement and indirect infringement.
1. Direct infringement. This refers to the act of infringing the patent rights of others directly carried out by the perpetrator. Its manifestations include:
(1) The act of manufacturing patented products for inventions, utility models, and designs;
(2) The act of using invention or utility model patented products;
(3) The act of promising to sell invention or utility model patented products;
(4) The act of selling invention, utility model or design patented products;
( 5) The act of importing invention, utility model, and design patented products;
(6) Using patented methods and using, promising to sell, selling, and importing products in accordance with the patent The act of obtaining products directly through methods;
(7) The act of counterfeiting other people's patents.
What are the main characteristics of patent rights
(1) Be exclusive. The so-called exclusivity is also called monopoly or exclusiveness. Patent right is an exclusive right granted by the competent government department to the applicant or his legal assignee based on the application of the inventor or applicant and deeming that the invention meets the conditions stipulated in the patent law. It is exclusively owned by the patentee, and the patentee has the right to possess, use, benefit from and dispose of the object of its rights (i.e. invention and creation).
(2) It is temporal. The so-called temporal nature of patent rights means that patent rights have a certain time limit, which is the protection period stipulated by law. Specialized in various countriesEach country has its own regulations on the effective protection period of patent rights, and the starting time for calculating the protection period is also different. Article 42 of my country’s Patent Law stipulates: “The term of invention patent rights is 20 years, and the term of utility model and design patent rights is 10 years, both calculated from the date of application.”
(3) It is regional. The so-called regionality refers to the spatial restrictions on patent rights. It means that the patent rights granted and protected by a country or a region are only valid within the scope of that country or region and have no legal effect on other countries and regions, and their patent rights are not recognized and protected. If the patentee wishes to enjoy patent rights in other countries, he must file a separate patent application in accordance with the laws of other countries. Unless otherwise stipulated in international treaties and bilateral agreements, no country will recognize patent rights granted by other countries or international intellectual property agencies.
The above knowledge is the editor's answer to the question "How to apply to stop infringement of patent rights before litigation". The patent owner has evidence to prove that others are implementing or When a person is about to commit an act that infringes on his rights, he can apply to the court to stop the infringement of his rights. If readers need to find a lawyer for legal help, they are welcome to go to the Legal Savior Network for legal consultation.
