What issues should be paid attention to when litigating intellectual property disputes
It should be noted that the Plaintiff in determining the plaintiff’s qualifications in intellectual property civil dispute cases can be knowledge The parties to property rights contracts, the rights holders of intellectual property rights and the interested parties related to intellectual property rights. Stakeholders include the exclusive owner of intellectual property, the licensee who exclusively implements the licensing contract, the legal successor of the intellectual property, etc.
What evidence needs to be submitted
1. Copyright dispute cases
(1) Evidence that the plaintiff enjoys copyright, such as: the original manuscript and original copy of the work, Proof of the creative work, contract for assigning or licensing the copyright, etc.
(2) Proof of the defendant’s infringement, such as: Infringement Copies, invoices for sales of infringing copies, etc.
2. Trade secret infringement cases
(1) Evidence that the plaintiff has some kind of business secret or technical secret, such as: The research and development of the secret and the materials formed, the contract to transfer the secret, etc.;
(2) The defendant illegally obtained, disclosed, and used evidence of the business secret or technical secret without the plaintiff's permission, such as: unauthorized access to the secret certification materials without the plaintiff's permission; bribed the plaintiff's staff, Proof materials to induce them to reveal the secret, etc.
3 , written contracts in technical contract dispute cases, technical information related to the contract, feasibility study reports, technical evaluation reports, project mission letters and plans, technical standards and specifications, original design and process documents, technical drawings, relevant technical forms and data Photos, etc.
4. Patent infringement cases
(1) Proof of rights, such as: patent certificate, patent application documents , The utility model patentee shall provide the search report made by the patent administration department of the State Council;
(2) Proof of committing infringement, such as: infringing products, order contracts or transfer contracts between the infringing party and others, sales invoices for infringing products, manuals of infringing products, technicalTechnical comparison documents, etc.
5. Trademark dispute cases
(1) Evidence that the plaintiff enjoys trademark rights, such as: trademark registration certificate, use Trademarked goods, reduced sales of goods using the trademark, profits from goods using the trademark, advertising of the trademark and goods using the trademark, etc.
(2) Proof of the defendant’s infringement, such as: Infringement Products, their quantities and profits, sales invoices for infringing products, etc.
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