What are the methods for handling intellectual property disputes? What are the types of intellectual property disputes?

There are five ways to handle intellectual property Disputes: negotiation, mediation, administrative handling, arbitration and civil litigation. There are four types of intellectual property disputes, namely ownership disputes, infringement disputes, contract disputes and administrative disputes. Regarding the methods for handling intellectual property disputes and the types of intellectual property disputes, the editor of Legal Savior Network will answer them in detail for you below.

1. What are the methods to deal with intellectual property disputes

Solution methods There are five main methods for intellectual property disputes: negotiation, mediation, administrative handling, arbitration and civil litigation.

1. Negotiation refers to the direct consultation and negotiation between the two parties after the occurrence of an intellectual property dispute on the basis of voluntary mutual understanding and in accordance with the provisions of relevant laws. , the activity of reaching a settlement agreement on one's own so that the dispute can be resolved.

2. Mediation means that after an intellectual property dispute occurs, upon the application of both parties, the people's court, arbitration institution or mediator will coordinate the process so that the two parties can voluntarily resolve the dispute. On the basis of negotiation, mutual concessions are made and an agreement is reached, so that disputes can be resolved.

3. Administrative handling refers to the request by the parties related to the intellectual property dispute or an unspecified third party to the intellectual property administrative authority to handle the intellectual property dispute or the intellectual property related matter. Activities related to infringement and other illegal activities.

4. Arbitration means that the parties to an intellectual property dispute reach an agreement on a voluntary basis and submit the dispute to an arbitration institution for trial. The arbitration institution will make a decision that is fair to both parties. A system of dispute resolution with binding adjudication.

5. Civil litigation refers to litigation activities in which the People's Court hears and resolves intellectual property dispute cases with the participation of both parties to the intellectual property dispute. The Legal Savior Network reminds you that the parties may request the People's Court to issue a judgment or mediation letter requiring the other party to assume responsibility or perform obligations, and may request the People's Court to enforce it.

2. What are the intellectual property disputes

Intellectual property disputes include the following types:

1. Disputes over ownership rights. It refers to disputes between entities as to who is the real intellectual property owner and who should own the intellectual property rights, such as disputes about whether it is a unilateral intellectual property owner or a joint intellectual property owner.

2. Infringement disputes. It refers to disputes between the intellectual property owner and an unspecified third party due to infringement, such as disputes between the two parties caused by the unauthorized use of the intellectual property rights without the permission of the intellectual property owner.

3. Contract disputes. It refers to the disputes arising from the contract between the parties in the transfer, licensing and other cooperation of intellectual property rights, such as the dispute between the two parties caused by the transferee exceeding the contract authorization.

4. Administrative disputes. It refers to the disputes caused by the parties' dissatisfaction with the decisions made by the intellectual property administrative agencies, such as the disputes caused by the dissatisfaction with the decisions of the relevant administrative agencies.

3. How to proceed in intellectual property litigation cases

The process of intellectual property litigation cases includes collecting prosecution evidence, writing an indictment, determining the jurisdictional court, submitting prosecution materials to the court, paying litigation fees, and waiting for the hearing.

"Civil Procedure Law of the People's Republic of China"

Article 28 Due to infringement The lawsuit filed shall be under the jurisdiction of the people's court at the place where the infringement occurred or the defendant's domicile.

Article 64: The parties concerned have the responsibility to provide evidence for their claims. The People's Court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or that the People's Court deems necessary to hear the case. The People's Court shall comprehensively and objectively examine and verify evidence in accordance with legal procedures.

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