What is the concept of foreign-related intellectual property litigation?

Intellectual property litigation refers to the general term for various litigation involving Intellectual property rights conducted in people's courts, including intellectual property civil litigation, intellectual property administrative litigation and intellectual property criminal litigation. What is the concept of foreign-related intellectual property litigation? If you do not know the relevant legal knowledge and do not know how to do it, the following is the relevant content compiled by the editor of Legal Savior Network. Listen to the specific opinions given by the editor of Legal Savior Network .

What is the concept of foreign-related intellectual property litigation

Foreign-related intellectual property litigation refers to one or both parties colluding in the litigation Intellectual property litigation in which the person is a foreigner, a stateless person, a foreign enterprise or organization, or the legal facts of the establishment, change, or termination of the legal relationship between the parties occur abroad. In trial practice, the People's Court compares intellectual property litigation involving Hong Kong, Macao and Taiwan to foreign-related litigation.

Types of intellectual property litigation

1. Intellectual property civil litigation

(1) Intellectual property infringement litigation

In addition to violating the civil rights specified in our Civil Code, it also includes anti-unfair competition Acts of unfair competition (i.e. infringement) stipulated in the law.

(2) Intellectual property ownership litigation

Litigation over the ownership of intellectual property rights, referred to as ownership disputes.

(3) Intellectual property contract Litigation

Regarding the acquisition, transfer and use of intellectual property rights Disputes arising from transactions and other transactions overlap with ownership litigation in the acquisition process.

2. Intellectual property administrative litigation

(1) Caused by administrative judgments made by national administrative agencies

Patent rights and trademark rights need to be confirmed by administrative agencies. According to relevant intellectual property laws, if the party is dissatisfied with the confirmation decision, he or she may apply to the administrative tribunal (i.e., the Patent Reexamination Board and the Trademark Review and Adjudication Board) for review. An administrative lawsuit is filed if one is dissatisfied with the decision (which is essentially an administrative adjudication).

(2) Caused by detailed administrative actions taken by national administrative agencies

In the process of confirmation, transfer and use of intellectual property rights, The authority confirming authority takes specific administrative actions (including administrative decisions, administrative licenses and administrative penalties, etc.) against the parties in accordance with relevant intellectual property laws. The administrative counterpart is dissatisfied and initiates an administrative lawsuit.

(3) Administered by local intellectual property management agencies Enforcement caused

For places with intellectual property enforcement rights Intellectual property management agencies at all levels can punish and mediate illegal acts such as infringement of intellectual property rights. If the counterparty is dissatisfied with the punishment or mediation decision, he or she may file an administrative lawsuit with the people's court where the administrative agency is located.

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