What are the ways to handle intellectual property disputes and what are the common disputes?

In this era that focuses on and advocates innovation, society and the country attach great importance to creative activities and certify the results of these activities. Intellectual property rights here are one of them. Intellectual property rights are the exclusive rights that people enjoy over the fruits of their intellectual labor. Inventions, literary and artistic works, as well as signs, names, images and designs used in commerce may be considered intellectual property rights owned by a person or organization. What kind of Disputes will arise over intellectual property rights? What are the processing methods? The editor of Legal Savior Network will give you the answer.

Intellectual property dispute resolution What are the methods and what are the common disputes

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

1. Negotiation refers to an activity in which both parties, after an intellectual property dispute occurs, reach a settlement agreement on their own through direct consultation and negotiation on the basis of voluntary mutual understanding and in accordance with the provisions of relevant laws, so that the dispute can be resolved.

2. Mediation means that after an intellectual property dispute occurs, upon application by both parties, the people's court, arbitration institution or mediator will coordinate the process so that the two parties canAn activity that involves making concessions and reaching an agreement on the basis of voluntary consultation, so that disputes can be resolved.

3. Administrative handling refers to activities in which parties involved in intellectual property disputes or unspecified third parties request intellectual property administrative agencies to handle their intellectual property disputes or intellectual property-related infringements and other illegal activities.

4. Arbitration refers to a dispute resolution system in which the parties to an intellectual property dispute reach an agreement on a voluntary basis and submit the dispute to an arbitration institution for trial, and the arbitration institution makes an award that is binding on both parties to the dispute. The parties may require the other party to assume responsibility or perform obligations based on the arbitration award or mediation letter, or may request the People's Court for enforcement.

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 parties may request the People's Court to issue a judgment or mediation letter requiring the other party to assume responsibility or perform its obligations, and may request the People's Court to enforce it.

What are the common intellectual property disputes

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 the dispute between the intellectual property owner and an unspecified third party due to infringement, such as the unauthorized use of the intellectual property rights without the permission of the intellectual property owner, resulting in disputes between the two parties.

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.

The above is the relevant information compiled for you by the editor of Legal Savior Network about the methods of handling intellectual property disputes and what are the common disputes. Generally speaking, the main method of resolving intellectual property disputes isThere are five methods: consultation, mediation, administrative processing, arbitration and civil litigation. Common disputes include ownership disputes, tort disputes, contract disputes and administrative disputes. If you still have questions, please feel free to consult our online lawyers.