What is a patent infringement dispute
The Patent Law stipulates that if the patentee implements his patent without the permission of the patentee, it will infringe his patent rights and cause disputes, which shall be resolved by negotiation between the parties; if he is unwilling to negotiate or If negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or request the patent management department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, 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.
This provision of the Patent Law clarifies a series of procedures, and in each procedure, their interconnected laws are indicated. Relationships, and clearly distinguish different legal relationships, which is of practical significance for protecting patent rights and resolving patent infringement disputes. The following is a layered analysis:
1. Patent infringement disputes are caused by infringement. First, the parties can negotiate as civil disputes. If you are unwilling to resolve the matter through negotiation, you can file a lawsuit directly with the People's Court. Negotiation is not a prerequisite for filing a lawsuit; if negotiation fails first, it will not affect your direct lawsuit in the People's Court.
2. If the parties to a patent infringement dispute are unwilling to negotiate or cannot reach an agreement and do not file a lawsuit with the People's Court, they may request the patent management department to handle it, that is, go to the People's Court. Administrativeway, this is also allowed.
3. When the patent management department determines that the infringement is established, it shall order the infringer to immediately stop the infringement. If the party is dissatisfied with the handling, it may file an administrative lawsuit. , the administrative department is the defendant.
4. After the patent management department handles the matter, if the infringer does not sue and does not stop the infringement, he may apply to the People's Court for compulsory enforcement. The patent management department The actions taken by the department are backed by coercive force.
5. The department that handles patent management may, at the request of the parties to the patent dispute, mediate on the amount of infringement compensation. If the mediation fails, the party may request When the People's Court files a civil lawsuit, because mediation is different from handling, the administrative department is only a question of whether the work is effective, and is not taking administrative measures. Therefore, it should not be a defendant, but only act as a third party between the parties.
6. In the above process, the protection of patent rights plays the role of judicial protection and administrative protection at the same time, and parties involved in patent infringement disputes are also given judicial options. and administrative channels, with the purpose of facilitating the implementation of protection of patent rights.
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