What is the right to claim intellectual property rights
Intellectual property rights claim means that the perfect state of the intellectual property rights has been and is being infringed or When there is a risk of infringement, the intellectual property right may be restored to the perfect state of its intellectual property rights and may request the infringing person's right to act or refrain from certain acts.
Requested content
The content that infringes upon the right to exclude requests can be divided into two aspects: stopping ongoing infringement and request the destruction of infringing tools. Of the two types of requests, the former refers to stopping the actual ongoing infringement, such as making someone who illegally manufactures patented products stop their manufacturing activities; while the latter focuses on eliminating the infringement means of the infringer and preventing future infringements, such as Destroy specialized tools for manufacturing patented products, etc. It should be noted that both requests are only necessary to restore the intellectual property rights to a satisfactory state and cannot exceed this necessary limit. If the above-mentioned tools for manufacturing patented products are not specialized tools for manufacturing patented products, they cannot be requested to be destroyed.
Request conditions
The right to request the exclusion of intellectual property infringement can only be made under the condition that the infringement of intellectual property rights has actually occurred. It has occurred However, such a request cannot be made if the infringement has ended or the infringement has not actually occurred but is only in the preparation stage. The filing of a request for the right to exclude intellectual property infringement does not ask whether the infringer was intentional or negligent, and whether the infringer was malicious , and does not ask whether the infringing act is the infringement’s own conduct.
Right to request for prevention of intellectual property infringement
Intellectual property rights The right to request for infringement prevention refers to the right of an intellectual property owner to request prevention of infringement when others are likely to infringe on its intellectual property rights. As mentioned above, once the personal rights and certain property rights are infringed, it is almost impossible to fully recover . Therefore, for the protection of intellectual property rights, preventing infringement is much more important than stopping and seeking redress after rights have been infringed. The right to claim for prevention of intellectual property infringement is of particularly important significance. The petitioner for the right to claim for prevention of intellectual property infringement The scope of the claim is basically the same as the scope of the requester for the right to exclude intellectual property infringement, including the intellectual property owner whose rights may be infringed (including the successor intellectual property owner) and the licensee of the exclusive license to use the intellectual property. The respondent is A person who may infringe on intellectual property rights and thus cause the intellectual property rights to lose its perfect status. The filing of the request also does not ask whether the possible infringer is malicious, intentional or negligent, and whether it is the behavior of the possible infringer himself, as long as the infringement is objectively and realistically It suffices as long as it may happen. Of course, the objectivity and possibility here should be judged based on the general social concept. The content of the claim can also be divided into two aspects: First, to stop the possible infringement from developing into actual infringement. The first is a request to eliminate the prepared means of infringement. If someone is manufacturing special tools for producing patented products, the patentee can request him to stop manufacturing special tools for producing patented products and request Destroy specialized tools that have been manufactured. Of course, the request here should also be necessary to prevent infringement and prevent the complete state of intellectual property rights from being infringed.
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