How to determine the geographical jurisdiction of patent infringement dispute cases
Article 28 of the "Civil Procedure Law" stipulates: " Litigation filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or the defendant's domicile." Specific to patent cases, the Supreme People's Court's "Several Provisions on Legal Issues Concerning the Trial of Patent Dispute Cases" (hereinafter referred to as the "Several Provisions") Article 5 stipulates: “A lawsuit filed due to infringement of patent rights shall be under the jurisdiction of the People’s Court of the place where the infringement occurred or where the defendant is domiciled.
The place of infringement includes: the alleged infringement The place where the manufacturing, use, offer for sale, sale, and import of products subject to invention or utility model patent rights is carried out; the place where the use of the patented method is carried out, and the use, offer for sale, sale, and import of products directly obtained according to the patented method. The place where the acts of manufacturing, offering for sale, selling, importing and other acts of design patented products are carried out; the place where the acts of counterfeiting other people's patents are carried out. The place where the infringement results of the above-mentioned infringement acts occur."
Basic skills in patent litigation
The purpose of patent litigation is often to compete for the market and suppress the production scale of competitors through patent litigation. , and at the same time continue to expand the patentee's production to occupy the market. It is necessary to master some skills during the patent litigation process.
1. Research and thoroughly understand patent technology
For highly technical patent litigation, research, analysis and thorough understanding Patented technology and related technologies are very important. Patent litigation requires lawyers to not only understand legal provisions and relevant regulations, but more importantly, lawyers must understand patent technology. If you don’t understand the law, you won’t be able to win a lawsuit, and if you don’t understand technology, you won’t be competent in patent litigation. Legal provisions alone cannot solve the relevant issues in patent litigation, especially when determining whether a certain technology constitutes infringement, whether it is a publicly known technology, and whether it is Obvious techniques, etc., all require a certain amount of technical knowledge. It is difficult to be competent in patent litigation without delving into patented technology.
2. Collect effective evidence
For the plaintiff’s patentee lawyer, the most important thing is to collect evidence of infringement and purchase infringing products. Although important, some infringing products themselves are counterfeit products of others, and the manufacturer mentioned above is not necessarily the real infringing manufacturer. Therefore, it is best to go directly to the manufacturer to purchase the allegedly infringing product. If necessary, you can obtain notarization and evidence. Or when performing other duties through the industrial and commercial administration department or technical supervision department, infringement evidence can be obtained incidentally. The most difficult thing for the plaintiff to obtain evidence is to obtain the amount of production and sales of the other party. In this case, the court can be requested to take evidence preservation measures to obtain this evidence. Obtaining evidence of infringement and the amount of infringement is the key to the plaintiff's victory.
For the defendant, the key is to collect all evidence that can invalidate the plaintiff's patent. Including patent documents, sales invoices, product advertisements, public use certificates, etc. Although product invoices can be used as evidence to invalidate other people's patents, sometimes the invoices are not enough because the invoices do not specifically describe the shape or technical characteristics of the product. The defendant found enough evidence to Evidence that the plaintiff's patent poses a threat is one of the keys to success, or finding effective evidence to prove that it has been used before or that it is using free and publicly known technology, it is possible to take the initiative in the lawsuit.
3. Clever use of legal proceduresFor defendants, the most common method is to counterclaim that the other party’s patent is invalid to buy time. Seek other defense methods. As for the plaintiff, before litigation, it is best to initiate the invalidation procedure for his own patent, so that the patent can pass the test of a "substantial trial" before suing others for infringement. Or before filing a lawsuit, first go to the Patent Administration Director of the State Council The department searches for the attributes of its own patent and issues a corresponding search report. This can avoid a lot of trouble caused by the defendant's use of invalidation procedures. There are many legal procedures that can be applied in patent litigation, but the prerequisite is that one must understand patent application, approval and invalidation and other basic procedures, so that it is possible to use them freely in litigation.
Litigation filed due to infringement of patent rights shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. The place of infringement includes: the place where the products accused of infringing the invention or utility model patent rights were manufactured, used, offered for sale, sold, imported, etc. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. We welcome your legal consultation.
No comments yet. Say something...