How to handle intellectual property disputes

Since intellectual property rights include a wide range of content, there are many types of contract disputes involving intellectual property rights. The methods for resolving intellectual property contract disputes generally include negotiation, mediation, arbitration, and litigation. The editor of Legal Savior Network will guide you below. Come learn about arbitration of intellectual property contract disputes!

How to handle intellectual property disputes

Intellectual property disputes can be mediated, You can also apply for arbitration to an arbitration institution based on the written arbitration agreement reached by the parties or the arbitration clause of the intellectual property agreement.

Article 60 of the Trademark Law If one of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of the Law causes a dispute, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request a The industrial and commercial administration department shall handle it.

If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be 50,000 yuan. If the amount exceeds 50,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Committing more than two trademark infringements within five years orIf the offender has other serious circumstances, he shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

Dispute over the amount of compensation for infringement of trademark exclusive rights , the parties may request mediation from the industrial and commercial administrative department handling the case, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it becomes effective, 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.

Article 61 is exclusively for infringement of registered trademarks The industrial and commercial administrative departments have the right to investigate and deal with any acts that violate human rights in accordance with the law; if they are suspected of committing a crime, they shall be promptly transferred to the judicial authorities for handling in accordance with the law.

In addition, with the development of the concept of intellectual property in society, It has generally been established that the proportion of malicious infringements will gradually decrease. In addition, the quality of all aspects of social members is improving day by day. People will become more rational about which method to choose to resolve intellectual property disputes. Therefore, economics will become a factor in people’s choice of arbitration to resolve intellectual property disputes. The most important reason for disputes. The above is the relevant legal knowledge about "How to Handle Intellectual Property Disputes" brought to you by the editor of Legal Savior Network. I hope it will be helpful to you