How to resolve disputes between copyright and design patent rights

The intellectual property economy is being vigorously developed in our country, and there are many intellectual property rights, including copyrights, Patent rights, etc. The development of the intellectual property economy cannot be separated from the protection of intellectual property rights. So how to solve the problem of copyright and design patent rights? Disputes? Below, the editor of Legal Savior Network will provide readers with relevant answers.

How to resolve disputes between copyright and design patent rights

Negotiation can be carried out first, and if negotiation fails, it can be resolved through litigation.

Unauthorized If the patentee has permission to exploit the patent, that is to say, the patent rights are infringed and any 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 work is handled by the department. 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.

Some works may be protected by copyright law. At the same time, it also enjoys patent rights for works such as painting, calligraphy, photography, film and television, graphics, etc.

Currently, to resolve the conflict between the copyright and appearance patent rights of the above-mentioned works, we can adopt the "one-time "Sell out" method, that is, when the above-mentioned work is used for industrial design, the copyright owner must transfer the property rights in the copyright used on the work to the producer.

According to this method, painting, photography, film and television, If graphics, calligraphy and other works are used for industrial design for the first time, copyright law shall apply; if the work is used again on similar products, the patent law shall apply.

The above-mentioned "one-time sale" method has the following characteristics ：

1) The first time the producer has protected a work under copyright When using on products, you must obtain permission from the copyright holder and pay remuneration;

2) The copyright owner of the work must sell all the property rights in the copyright used in similar products;

3) After "one-time sale", the product will only be subject to patent law;

4) The work is used on different types of products Rights still belong to the copyright holder.

The above is the relevant content summarized by the editor. If you have relevant legal consultation or other matters that you do not understand, you can call the legal savior. Online lawyer answers, lawyers’ professional knowledge can help you.