How to determine the qualifications of the plaintiff in intellectual property litigation
Among the three main intellectual property systems, trademark The acquisition of rights and patent rights is based on the review and grant by the administrative department. The confirmation of the right owner is relatively simple, and only the confirmation certificate issued by the administrative department is required. Of course, patent rights for utility models and designs can be authorized without substantive examination. In judicial practice, such rights, including invention patent rights, are often questioned. Invalidation request decisions and patent administrative litigation judgments also become the plaintiff’s right to sue. valid proof.
Copyright arises automatically due to creation, and the rights holder can provide The manuscripts, originals, legal publications, copyright registration certificates, etc. involved in the copyright prove the fact of independent creation and the time of completion, whether there is a prohibition statement, etc. The copyright holder and neighboring rights holder of the derivative work also include legal authorization certificates.
(1) The qualifications of the original right holder as the subject of litigation It is determined that among the three main systems of intellectual property rights, trademark rights and patent rights are obtained based on the review and grant by the administrative department. The confirmation of the right owner is relatively simple, and only the confirmation certificate issued by the administrative department is required.
Of course, patent rights for utility models and designs can be authorized without substantive examination. In judicial practice, such rights, including invention patent rights, are often questioned, and invalidation request decisions and patent administration The lawsuit judgment also becomes an effective proof of the existence of the plaintiff's right to sue. Copyright automatically arises due to creation. The right holder can provide manuscripts, originals, legal publications, copyright registration certificates, etc. related to the copyright to prove the fact of independent creation, the time of completion, and whether there are any prohibitions Statements, etc., the copyright owner and neighboring rights holder of the derivative work also include legal authorization certificates. In the Internet environment, due to the simple publishing procedures, the status of digitally stored works when published is easy to be changed, and pseudonyms or even no signatures are often used when publishing. , it is difficult to prove the rights holder and the status at the time of publication. In practice, the method of rights presumption is generally adopted, that is, unless there is evidence to the contrary, the copyright holder of the work is determined by the certificate provided by the network service provider who uploaded the content of the work. Since this type of network service provider has the right to decide the uploading of works, its status is equivalent to that of a publisher in the traditional way of disseminating works. It has a relatively clear understanding of the rights status of the "published" (uploaded) works, and its testimony has a strong The power of proof.
(2) In infringement litigation The exclusivity of inheritance rights is a condition for having independent litigation rights. Article 4 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Trademark Civil Disputes" establishes the independent litigation rights of the exclusive licensor and the independent litigation rights of the exclusive licensor under certain conditions. and the right of action of ordinary licensors authorized by the original rights holder.
Although there are no specific similar provisions in the relevant provisions of patent rights and copyrights that specifically stipulate the right of action of the successor right holder, since the type of patent license implementation contract and the permissions of the license are basically consistent with the meaning in, the copyright license use contract It also provides the parties with the right to choose the scope of licensing rights. By analogy, the licensee's right to sue in cases of patent or copyright infringement can also be determined based on this, that is, the exclusivity of rights is the prerequisite for the existence of independent right of action in infringement litigation. Theoretically You see, the legal interest between the plaintiff and the subject matter of the lawsuit is a condition for the establishment of the lawsuit. In infringement litigation, this interest is manifested in the behavior of the third party (including the behavior of the original right holder in the case of exclusive rights) and the interests of the plaintiff. The conflict relationship between them requires that the right obtained by the plaintiff has a certain degree of exclusivity, that is, the right to prevent a third party from exercising the right at the same time.
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