What are the key points in making judgments on intellectual property cases
1. Contents of the cause of action
First, it must be clearly stated that the cause of the case is an intellectual property contract dispute, intellectual property dispute, or unfair competition. Which type of dispute; secondly, if the specific cause of action can be determined, it must be stated in detail; thirdly, the determination of the cause of action should be based on the cause of action determined by the filing division of this court and quoted directly; fourthly, the cause of action of the first and second instances is inconsistent , if necessary, adjustments can be made in the "In the opinion of this court" section. In addition, the determination of the cause of action generally only examines the formal elements, without considering the substantive content.
2. Qualifications of parties and authorized agents
span>1. If the party concerned is a natural person, the name and gender should be stated , date of birth, nationality, occupation, work unit, position and address. If the party concerned has more than two residential addresses, the address stated on his or her ID card shall prevail.
2. If the party is a legal person, the name and domicile of the legal person (that is, the main place of business or the location of the main office of the legal person), the legal representative The person’s name and position.
3. The party concerned is other If it is an organization, the name and residence of the other organization, and the name and position of the main person in charge should be stated.
4. If the parties involved are individual industrial and commercial households, rural contract operators or individual partnerships, there should be differences in the expressions. First, the individual industrial and commercial households with a trade name should use their business licenses The registered head of household (owner) is the party, and it is indicated that he is the head of the household of the trade name. The description of the head of the household is consistent with the content of "the party is a natural person". Second, the individual partnership that starts the trade name should use the trade name that has been approved and registered in accordance with the law. is a party, and the person in charge of the partnership is the litigation representative. The third is an unnamed individual partnership, and the partners are parties to the joint litigation. The content of the statement is consistent with the content of "the parties are natural persons". The fourth is an individual partnership or individual industrial and commercial household. If an enterprise is mistakenly registered as a collectively owned enterprise, it shall be treated as an individual partnership or an individual industrial and commercial household.
5. Statement of the authorized agent. If a lawyer is acting as the authorized agent, only the name of the lawyer and his practice shall be stated; if a citizen is acting as the authorized agent (including the employee of the party acting as the agent) ), the content of which is consistent with “the parties involved are natural persons”.
3. Litigation requests of the parties
As a first-instance case, the specific matters requested by the plaintiff should be stated item by item; the contents belonging to the defendant or third party’s defense can be Provide a general description; part of the disputed facts and reasons for the claims of both parties can be summarized. For the evidence of the first instance case, list them one by one after the claims.
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