How to determine the qualifications of the plaintiff in intellectual property litigation
Among the three main intellectual property systems, trademark rights, The acquisition of patent rights is based on the review and grant by the administrative department. The confirmation of the right owner is relatively simple, and only the confirmation certificate issued by the administrative department is required. Of course, patent rights for utility models and designs can be authorized without substantive examination. In judicial practice, such rights, including invention patent rights, are often questioned. Invalidation request decisions and patent administrative litigation judgments also become the plaintiff’s right to sue. valid proof.
Copyright arises automatically due to creation, and the right holder can provide relevant information Copyright manuscripts, originals, legal publications, copyright registration certificates, etc. prove the fact of independent creation and the time of completion, whether there is a prohibition statement, etc. The copyright holder and neighboring rights holder of the derivative work also include legal authorization certificates.
In the Internet environment, due to the simple publishing procedures, the status of works in digital storage state when published is easy to be changed, and pseudonyms or even no signatures are often used when publishing, the rights holder and the proof of the status at the time of publication are available A certain degree of difficulty. In practice, the method of presumption of rights is generally adopted, that is, unless there is evidence to the contrary, the copyright owner of the work is determined by the certificate provided by the network service provider who uploaded the content of the work. Since this type of network service provider has the right to decide the uploading of works, its status is equivalent toDue to the publisher's status in the traditional communication channels of works, the rights status of the "published" (uploaded) works is relatively clear, and his testimony has strong probative power.
(2) Exclusivity of rights to be sustained in infringement litigation It is a condition for having independent litigation rights
"Supreme People's Court on Article 4 of the Interpretation of Several Issues Applicable to Laws in the Trial of Trademark Civil Disputes establishes the independent right of action of an exclusive licensor, the independent right of action of an exclusive licensor under certain conditions, and the right of action of a general licensor authorized by the original right holder. Although there are no specific similar provisions in the relevant provisions of patents and copyrights that specifically stipulate the right of action of successor rights holders, since the types of patent licensing implementation contracts and the licensing authority are basically consistent with the meanings in the trademark law, the copyright licensing contract also By analogy with the provision that allows parties to choose the scope of licensing rights on their own, the licensee's right to sue in cases of patent or copyright infringement can also be determined based on this rule, that is, the exclusivity of rights is the prerequisite for the existence of an independent right to sue in infringement litigation.
Theoretically, the plaintiff and the subject matter of the lawsuit have a legal The interest relationship is a condition for the establishment of a lawsuit. In infringement litigation, this kind of interest is manifested as a conflict between the behavior of the third party (exclusive rights include the behavior of the original right holder) and the plaintiff's rights and interests, which requires that the rights obtained by the plaintiff have a certain degree of exclusivity. , that is, the right to prevent a third party from exercising that right at the same time.
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