What is the only strong basis for resolving patent infringement disputes?

You can find a professional legal lawyer to help you resolve patent infringement disputes.

Patents, what is particularly advantageous is that whoever first applies for a patent is who's own, otherwise there will be no one, and if there is this, it can prove who should have it.

What is the only strong evidence to resolve a patent infringement dispute? This is the law, you can find that he co-authored the monograph, the questions are very serious, their people focus on the problems and you are professional.

The parties may negotiate a settlement bThe patentee may request the management of patent aThe parties may negotiate a settlement bThe patentee may. c.The patentee may directly file a civil lawsuit with the people's court for patent infringement disputes.

If you want to settle a patent infringement dispute, the only thing that has a strong meaning is to come up with evidence to sue him in court. This is how it can be maintained.

The only strong basis for resolving a patent infringement dispute must be that evidence is an important procedure for resolving the dispute.

The only strong basis for resolving patent infringement disputes is the evidence of his infringement.

Sister, the only strong basis for a patent dispute is, of course, a previous application for a certificate.

There are still a lot of bases for this in Spain, and you can look it up on the Internet.

The strongest proof of this is your patent proof.

In this case, first of all, you have to register in advance to catch the other party. Valid evidence will win.

Sister, the only strong basis for patent infringement disputes is to take out your patents and resolve them through the law.

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Sister, the only strong basis for a patent infringement dispute is the application number of the patent application.

The only favorable basis for resolving a patent infringement dispute is your patent certificate and the infringing product.

The most powerful basis for resolving patent infringement disputes is to have sufficient evidence and a correct and powerful way of publicity.

What is the only strong basis for resolving patent infringement disputes, and I don't know much about what exactly is used?

The only strong basis for resolving patent disputes is, of course, the patent certificate. With a patent certificate, there is a basis for patent rights.

The only strong basis for resolving patent infringement disputes is the law. Only through legal means can these disputes be resolved in a real and real sense. If you are satisfied, please give a trouble, I wish you a happy life!

What is the only strong evidence to resolve patent infringement disputes? As long as there is evidence, anything can be solved, and it is difficult to solve without evidence.

The only strong basis for resolving patent infringement disputes. It's about coming up with strong evidence. Take out your original.

Your original evidence, whoever invented the patent first, that's who's.

The most powerful way to solve patent infringement is to follow the laws of our country.

Real human and physical evidence will be free.

The only strong basis for resolving a patent infringement dispute should be that you must have some evidence before you can proceed.

Resolving a patent infringement dispute is strong evidence that you are able to find out that the product is in possession of the basic attributes of your product.

Article 60 of the Patent Law of the People's Republic of China stipulates that if the patentee exploits its patent without the permission of the patentee, that is, infringes its patent right, and a dispute arises, the parties shall resolve it through negotiation; If the patentee is unwilling to negotiate or fails to reach an agreement, the patentee or interested party may file a lawsuit with the people's court, or may request the department in charge of patent work to handle the matter. If the department in charge of patent affairs determines that the infringement is established, it may order the infringer to immediately stop the infringement, and if the party concerned is not satisfied, it may file a lawsuit with the people's court in accordance with the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the notice of disposition; If the infringer does not sue and does not stop the infringement after the expiration of the time limit, the department in charge of patent affairs may apply to the people's court for compulsory enforcement.

At the request of the parties, the department responsible for the administration of patent work may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit with the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

Company A is the licensee of the exclusive license for the patent of utility model "color menine lamp". In March 2011, A discovered that B had exploited the patented technology owned by A by means of production, sales and export without the permission of the patentee and the plaintiff, and B's actions had caused considerable economic losses to A.

In this case, after discovering that B had committed an infringing act, A demanded that B immediately stop the infringing act and request a settlement through negotiation. However, B refused to stop the infringement and was unwilling to negotiate a settlement of the dispute. Therefore, A filed a lawsuit with the court, and the court held that A's legitimate rights and interests were protected by law, and found that B's behavior constituted patent infringement.

The defendant was ordered to immediately cease the infringement and destroy the infringing product.

1. What are the solutions to patent infringement disputes?

1) The parties shall negotiate and settle the matter;

The patentee and the infringer can settle the matter through negotiation, and the two parties can reach an agreement to stop the infringement and compensate for the loss, and the two parties can also sign a patent license agreement to make the infringement legal.

2) Filing a lawsuit with the court.

In a patent infringement dispute, if the two parties are unwilling to negotiate or fail to negotiate, the patentee or interested party may file an infringement lawsuit with the court.

3) Request to be handled by the department in charge of patent work.

1. The patentee or interested party may request the patent management department to handle the matter, and the patent office may order the infringer to immediately stop the infringement if it determines the infringement, and if the party concerned is not satisfied, it may file an administrative lawsuit with the court;

2. At the request of the parties, the patent management department may mediate the amount of compensation for patent infringement, and if the mediation fails, the parties may file a lawsuit with the people in accordance with the Civil Procedure Law. This lawsuit is a civil action in which the opposing party is the defendant, not the patent office

When the Yan Bi people negotiate a settlement. Patent infringement disputes are civil disputes, which are resolved by the parties through negotiation, which is conducive to settling disputes and resolving contradictions.

Administrative processing. Patent infringement disputes handled by the department in charge of patent work is an important way to achieve patent protection.

Judicial suspicions are resolved. The so-called judicial settlement of patent disputes refers to the judicial authorities granting necessary judicial remedies to patentees in order to effectively sanction patent infringement, provide appropriate remedies to the right holders, and maintain market order.

Pre-litigation interim measures. means measures taken to stop an ongoing or imminent infringement before the commencement of proceedings.

If a dispute arises from the exploitation of the patent without the permission of the patentee, the parties may resolve it through the following ways:

1) Negotiation. If the parties fail to reach a consensus or are unwilling to negotiate, the patentee or interested party may file a lawsuit with the people's court.

2) Mediation. It refers to the negotiation between the two parties with the assistance of a third party. The scope of mediators is very broad, and the parties can choose to preside over the mediation by an organ or individual trusted by both parties, such as the patent administration department, the people's mediation committee, and the lawyer.

Mediation is not the only way to resolve patent disputes, and if the parties are unwilling or unable to reach a mediation agreement or regret after mediation, they can directly file a lawsuit with the people's court.

3) Ask the department in charge of patents to deal with it.

4) Arbitration. If the parties reach a written arbitration agreement or an arbitration clause in the copyright contract, they shall apply to the arbitration institution for arbitration. If the parties do not have a written arbitration agreement and have not entered into an arbitration clause in the copyright contract, they may directly file a lawsuit with the people's court.

5) Litigation. Litigation is the ultimate way to resolve patent disputes. The first-instance cases of patent disputes shall be under the jurisdiction of the intermediate people's courts at the places where the people's governments of each province, autonomous region or municipality directly under the Central Government are located, or the intermediate people's courts designated by the high courts.

Articles 93, 96 and 99 of the Civil Procedure Law of the People's Republic of China.

Articles 57 and 61 of the Patent Law of the People's Republic of China.

In intellectual property litigation, the intellectual property rights holder, the right transferee, the licensee and other interested parties may become the subject of the litigation. When examining the suit, the court should carefully examine the assignment and license contracts between them and, on a case-by-case basis, determine the standing of the subject of the action.

1. The subject of civil litigation of intellectual property rights

In intellectual property litigation, the intellectual property rights holder, the right transferee, the licensee and other interested parties may become the subject of the litigation. For example, if a patentee obtains a patent right and transfers part of the rights of the patent right to a third party for promotion and implementation, and the third party licenses others to exploit it in different regions and in different licensing ways, the patentee, the assignee of the patent right, and the licensee may all become the plaintiffs in the intellectual property lawsuit. When examining the suit, the court should carefully examine the assignment and license contracts between them and, on a case-by-case basis, determine the standing of the subject of the action.

In addition, the legal facts involved in the creation, alteration and termination of intellectual property civil legal relations are often a series of events or acts, which often involve multiple subjects associated with the events or acts and become parties to the same lawsuit. For example, in intellectual property litigation, it is common for multiple people to infringe on the intellectual property rights of a certain right holder, and for multiple intellectual property owners to be infringed by the same infringer. This wide range of litigation subjects is one of the characteristics of intellectual property litigation.

II. Characteristics of Intellectual Property Civil Litigation

In intellectual property litigation, it is often related to both property rights and personal rights. In the infringement lawsuit, there may be a coexistence of infringement disputes, ownership disputes, and contract disputes with third parties; or a conflict of rights arises because the parties each have different types of intellectual property rights; or there may be different legal liabilities such as civil tort liability, civil liability for breach of contract and even administrative liability arising from the same illegal act (or even multiple illegal acts). All of this complicates the legal relationship of IP litigation.

In intellectual property litigation, there are many focal points of litigation disputes and strong professional and technical characteristics. When a litigation case is heard, it is generally necessary to first confirm the ownership of rights, or determine whether the plaintiff enjoys legally protected rights and the scope of such rights; Second, in determining the defendant's infringement, it is often necessary for the judge to make a technical and professional comparison and judgment of the infringing object, which involves professional and technical knowledge in engineering technology, natural science, and even literary and artistic appreciation. Without a relevant professional background and a wealth of knowledge, it is difficult to truly grasp the issues of intellectual property litigation.

In intellectual property litigation, the subject of the litigation may be the intellectual property rights holder, the right transferee, the licensee and other interested parties. fromThe subject of civil litigation of intellectual propertyFrom the perspective of perspective, intellectual property loss or litigation is still different from general civil litigation. Moreover, in intellectual property litigation, it is generally related to both property rights and personal rights.