1. What are the standards for identifying intellectual property infringement?
( 1) The infringed intellectual property rights must be valid;
(2) The infringement must be clearly defined;
(3) The infringement must be for profit;
(4) The infringement must be caused by the subjective fault of the infringing party Caused by.
2. What are the litigation procedures for intellectual property infringement?
1. To sue, that is, to submit a complaint to the filing division of the court with jurisdiction.
2. Case filing and review.
If the case filing conditions are met, the parties will be notified to pay the litigation fees within 7 days, and the case will be filed after payment; if the case filing conditions are not met, the case will be ruled not to be accepted.
If you are dissatisfied with the ruling to dismiss the prosecution, you must appeal to the higher people's court within 10 days.
After accepting the case, the court will serve a copy of the complaint to the other party within 5 days, and the other party will make a defense within 15 days and notify the party to exchange evidence. According to the application of the party, Make a property preservation ruling and begin implementation immediately
3. Schedule a court hearing.
Notify the parties 3 days in advance of the court date, location, and person in charge; public hearing cases will be announced 3 days in advance.
4. A court hearing.
Announce the opening of the court, check the identities of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for recusal
Court investigation: the parties state the facts of the case .
Production and cross-examination of evidence: Inform witnesses of their rights and obligations, testify, read out the testimonies of witnesses who are not present in court, present documentary evidence, physical evidence and audio-visual materials; both parties discuss the evidence Express opinions on the materials.
Court debate: All parties concerned argue and argue on disputed facts and legal issues.
Court mediation: Under the auspices of the court, the two parties agree to resolve the dispute.
If a mediation agreement is reached, a mediation letter will be prepared and the parties will It will take effect after being signed, and the parties shall fulfill the contents of the mediation letter or apply for execution; if a mediation agreement is not reached, the collegial panel will make a ruling (declaration of judgment) in consultation.
5. Declaration of judgment.
3. What are the litigation fees for intellectual property infringement disputes?
(1) Case acceptance fee;
(2) Application fee;
(3) Transportation expenses, accommodation expenses, living expenses and work loss allowances incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date designated by the People’s Court.
[ Warm reminder]The above is what the editor of Legal Savior Network summarized. This is based on the experience of current issues. Courts in different regions have subtle differences in trial standards. You must choose a professional lawyer to handle the case. Click Quick consultation, one-on-one communication with a lawyer about your legal demands, and safeguard your legal rights!
