How to seek judicial relief for intellectual property rights
my country's intellectual property rights include copyright, trademark rights, patent rights, etc., which are different There are different ways of judicial relief for copyrights. For example, if you infringe on trademark rights, you can file a complaint with the industrial and commercial administration department, and if it constitutes a crime, report it to the public security agency.
"Trademark Law of the People's Republic of China"
Article 60: Infringement of registered trademarks as listed in Article 57 of this Law If a dispute arises from one of the exclusive rights acts, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit in the People's Court or request the industrial and commercial administrative department to handle the matter.
When handled by the industrial and commercial administration department, the infringement is determined If established, the infringing act shall be ordered to immediately cease, the infringing goods shall be confiscated and destroyed, and the infringing goods shall be confiscated and destroyed as well as those mainly used in the manufacture of infringing goods and counterfeit registered trademarks.For marked tools, 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 there is no illegal business volume or the 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.
Dispute over the amount of compensation for infringement of trademark exclusive rights , the parties may request mediation from the industrial and commercial administrative department handling the case, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, 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.
How to apply for intellectual property protection
Methods to apply for intellectual property protection
The software copyright registration process is relatively complicated, and handling it yourself can easily delay the deadline. , Kuai Legal provides professional copyright registration application services and quickly handles registration matters.
As an intangible asset, intellectual property is important for the development of Enterprises It plays an important role and is the core competitiveness of enterprises. Enterprises need to protect their intellectual property rights in a timely manner based on their needs and capabilities. Generally speaking, for start-up companies, they need to determine the company's products and brands before registering their trademarks. When infringement occurs, they need to promptly protect their rights through administrative, judicial and other channels.
Appearance design refers to the shape, pattern or combination of the product and the combination of color, shape and pattern. New designs that are aesthetically pleasing and suitable for industrial applications
Intellectual property rights, as intangible assets, play an important role in the development of enterprises and are the core competitiveness of enterprises. Enterprises need to protect their intellectual property rights in a timely manner according to their needs and capabilities. Generally speaking, for start-up companies, they need to determine the Trademark registration is carried out after product and brand. When infringement occurs, rights protection will be carried out through administrative, judicial and other channels in a timely manner.
The above knowledge is the editor’s answer to relevant legal issues. Our country’s intellectual property rights include copyright, trademark rights, patent rights, etc. There are different judicial remedies for copyright. Similarly, for example, if you infringe on trademark rights, you can complain to the industrial and commercial administration department, and if it constitutes a crime, report it to the public security agency. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
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