PatentInfringement cases What main evidence should the plaintiff provide?
First, proof of rights, such as: patent certificate, patent application documents, practical The new patentee shall provide a search report made by the patent administration department of the State Council;
The second is proof of the infringement, such as: infringing products, the infringing party and others Order contracts or transfer contracts, sales invoices for infringing products, instructions for infringing products, technical comparison documents, etc.
"Patent Law"
Article 60: Exploiting a patent without the permission of the patentee shall That is to say, if a dispute arises due to infringement of its patent rights, the parties shall resolve it through negotiation; if they are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. 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 administrative 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.
The above are the relevant laws prepared by the editor for youKnowledge, if you still have questions, it is recommended that you consult a professional lawyer on the Legal Savior Network.
