How to protect Patent rights
If a patent is infringed, it shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may sue the People's Court or request management of the patent. The work is handled by the department.
"Patent Law"
Article 60: Implementing the patent without the permission of the patentee will infringe upon the patentee and cause disputes, which shall be resolved through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the patent The right holder or 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 handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling 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.
The above content is compiled by the editor of Legal Savior Network. I hope it can help everyone.
