How to protect rights in case of intellectual property agreement infringement
Infringement disputes under intellectual property agreements can be mediated or based on a written arbitration agreement reached by the parties. Or apply for arbitration to an arbitration institution based on the arbitration clause in the contract.
Article 60 of the "Trademark Law" contains this law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 causes a dispute, it shall be resolved through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request an industrial and commercial lawsuit. Handled by the administrative department.
When handled by the industrial and commercial administration department, the infringement was determined to be established. If the illegal business volume exceeds 50,000 yuan, a fine of not more than five times the illegal business volume may be imposed. If the business volume or illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.
For disputes over the amount of compensation for infringement of trademark exclusive rights, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit with the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. After mediation by the industrial and commercial administrative department, the parties If an agreement is not reached or the mediation letter is not performed after it takes effect, 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".
Article 61: The industrial and commercial administrative department has the right to investigate and deal with any infringement of the exclusive right to use a registered trademark; if a crime is suspected, it should be promptly transferred to the judicial authority for handling in accordance with the law. .
Article 60 of the Patent Law If the patentee has permission to exploit the patent, that is to say, the patent rights are infringed upon, and disputes arise, they 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 department handling the work shall handle the case. When the department managing patent work handles the matter, if it is determined that the infringement is established, the infringer may be ordered to immediately stop the infringement. If the party is dissatisfied, he may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Law of the People's Republic of China" Litigation Law of the People's Republic of China; if the infringer does not sue upon expiration of the time limit and does not stop the infringement, the patent management department may apply to the People's Court for compulsory enforcement. The handling patent management department may, at the request of the party concerned, file a lawsuit for patent infringement. Mediate the amount of compensation for the right; 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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