What is intellectual property litigation? What are the types of intellectual property litigation?

Intellectual property rights, also known as "knowledge ownership rights", refer to "the exclusive rights enjoyed by rights holders in accordance with the law over the results of their intellectual labor and the marks and reputation in their business activities." So what is intellectual property litigation? Intellectual property litigation What are the types? The editor of Legal Savior Network will answer your questions.

Intellectual property litigation is What, what are the types of intellectual property litigation

Intellectual property litigation refers to the general term for various lawsuits involving Intellectual property rights conducted in people's courts, including intellectual property civil litigation, intellectual property administrative litigation and intellectual property criminal litigation. . From this perspective, intellectual property litigation is not a separate type of litigation. Its essence is still the sum of civil litigation, administrative litigation and criminal litigation.

1. Intellectual property civil litigation

(1) Intellectual property infringement litigation

In addition to infringement of civil rights specified in the general principles of China's civil law, it also includes unfair competition behaviors (i.e. infringement) stipulated in the Anti-Unfair Competition Law.

(2) Intellectual Property Ownership Litigation

Regarding the ownership of intellectual property rights The litigation that occurred is referred to as the ownership dispute.

(3) Intellectual property contract litigation

Disputes arising from transactions such as the acquisition, transfer, and use of intellectual property rights overlap with ownership litigation in the acquisition process.

2. Intellectual property administration Litigation

(1) Caused by administrative judgments made by national administrative agencies

Patent rights and trademark rights need to be confirmed by administrative agencies. According to relevant intellectual property laws, parties dissatisfied with the confirmation decision can file a complaint with the administrative agency An administrative lawsuit is filed when the adjudicating authority (i.e., the Patent Reexamination Board and the Trademark Review and Adjudication Board) applies for reexamination and is dissatisfied with the reexamination decision (which is essentially an administrative adjudication).

(2) Caused by detailed administrative actions taken by national administrative agencies

In the process of confirmation, transfer and use of intellectual property rights, the authority confirming the rights shall make specific administrative actions (including administrative decisions and administrative licenses) against the parties in accordance with relevant intellectual property laws. and administrative penalties, etc.), administrative litigation filed by the administrative counterparty if dissatisfied.

(3) Caused by administrative enforcement by local intellectual property management agencies

Local intellectual property management agencies at all levels with the power to enforce intellectual property rights can punish and mediate illegal acts such as infringement of intellectual property rights, and the counterparty is not satisfied with the punishment or mediation decision , an administrative lawsuit may be filed with the People's Court where the administrative agency is located.

3. Intellectual property criminal litigation

China's criminal law stipulates that only the following seven behaviors constitute intellectual property crimes:

Crime of counterfeiting registered trademarks

Crime of selling counterfeit registered trademark goods

The crime of illegally manufacturing and selling illegally manufactured registered trademarks

Crime of counterfeiting others' patents

Crime of copyright infringement

Crime of selling infringing copies

Crime of infringement of trade secrets

Lawyers in intellectual property criminal cases You can assist the victim (right holder) in making a report to start the public prosecution process, you can represent the victim in filing a private prosecution, and you can also serve as the defender of the criminal suspect.

4. Intellectual Property Arbitration