How to handle trademark licensing Contract disputes
According to my country's "Criminal Law", "Trademark According to the provisions of the Law and other laws, trademark contract disputes are property relationship disputes between equal parties, and their resolution can be through mediation, arbitration or litigation. Each of these three methods of resolving trademark contract disputes has its own characteristics. Therefore, before parties to a contract choose which method to use to resolve disputes, they must first clarify the requirements, procedures and legal effects of these three methods.
Trademark contract disputes must be submitted to arbitration For institutional settlement, the parties to the contract must have an arbitration clause in the trademark contract or reach a written arbitration agreement afterwards. The arbitration award has legal effect.
Mediation of trademark contract disputes can be divided into three types: private mediation, arbitration mediation and litigation mediation. The parties submit the contract dispute to arbitration or file a lawsuit respectively.It occurs before litigation, during the arbitration process of contract disputes by an arbitration institution, or during the trial process of contract disputes by the People's Court. In the narrow sense, mediation of trademark contract disputes only refers to private mediation. Agreements reached through private mediation are not legally enforceable, but agreements reached through arbitration mediation or litigation mediation agreements are enforceable after legal documents are produced in accordance with the law and come into effect, and the parties must fulfill the contents of the agreement.
There is no statutory procedure for the mediation of trademark contract disputes. However, arbitration or litigation of trademark contract disputes must be conducted strictly in accordance with the procedures stipulated in the Arbitration Law and the Civil Procedure Law, otherwise it will be procedurally illegal.
Trademark contract disputes are arbitrated by an arbitration institution. An award is final and has legal effect. If a party does not consciously perform it, the other party may apply to the relevant people's court for compulsory execution.
After the trademark contract dispute is heard by the People's Court in accordance with the law, After a civil judgment is issued, the parties concerned may appeal to the higher court within the legal period, and the second instance is final. An effective civil judgment has the power of enforcement, and the parties must perform it voluntarily. If they fail to perform, the court may take measures at the request of one party or in accordance with its authority to force the party to perform the contents of the judgment.
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