How to handle intellectual property disputes
The main methods of intellectual property disputes include negotiation, mediation, administrative processing, and arbitration and five types of civil litigation.
Negotiation refers to the negotiation between the two parties after an intellectual property dispute occurs. , on the basis of voluntary mutual understanding and in accordance with the provisions of relevant laws, through direct consultation and negotiation, activities to reach a settlement agreement on one's own, so as to resolve disputes.
Mediation means that after an intellectual property dispute occurs, both parties The parties apply, and the people's court, arbitration institution or mediator coordinates the activities so that the two parties can make concessions and reach an agreement on the basis of voluntary negotiation, so that the dispute can be resolved.
Administrative processing refers to the parties involved in intellectual property disputes or Activities in which unspecified third parties request intellectual property administrative agencies to handle their intellectual property disputes or intellectual property-related infringements and other illegal activities.
Arbitration refers to a dispute resolution system in which the parties to an intellectual property dispute reach an agreement on a voluntary basis, submit the dispute to an arbitration institution, and the arbitration institution makes an award that is binding on both parties to the dispute. The parties The other party can be required to assume responsibilities or perform obligations based on the arbitration award or mediation letter, or the people's court can be requested for enforcement.
Civil litigation refers to the litigation activities in which the People's Court hears and resolves cases of intellectual property disputes with the participation of both parties to the intellectual property dispute. The parties may request the People's Court to make a decision requiring the other party to assume responsibility or A judgment or mediation document to fulfill obligations, and the People's Court can be requested for enforcement.
Article 60 of the Patent Law: Implementing the patent without the permission of the patentee shall infringe upon the patentee and cause disputes, which shall be settled through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the patentee shall Alternatively, an interested party may file a lawsuit in the People's Court, or request the patent management department to handle the matter. When the patent management department determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party refuses to accept the infringement, it may impose a lawsuit on its own. A lawsuit shall be filed with the People's Court in accordance with the "Administrative Litigation Law of the People's Republic of China" within fifteen days from the date of the handling notice; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory execution. Processing At the request of the parties, the 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.
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