Can lawsuits be filed for design patent infringement disputes?
Can lawsuits be filed for design patent infringement disputes?
Article 60: Implementing the patent without the permission of the patent owner will infringe the patent right and cause disputes, which shall be settled by negotiation between the parties; if the party is unwilling to negotiate or If negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or request the patent management department to handle the matter. 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 administration 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.
I hope that through the above content you can have a deeper understanding of some issues related to design patent infringement disputes. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
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