What is the legal basis for the enforcement of intellectual property arbitration awards?

Enforcement of intellectual property arbitration awards refers to a judicial activity in which parties apply to the People's Court for an arbitration award made by an arbitration institution in an intellectual property case and expect the People's Court to enforce the arbitration award. So what is the legal basis for the enforcement of intellectual property arbitration awards? The editor of Legal Savior Network will give you a detailed introduction.

What is the legal basis for the enforcement of intellectual property arbitration awards

Arbitration Law

Article 62 The parties shall fulfill the award. If one party fails to perform, the other party may apply to the People's Court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court subject to the application shall implement it.

Article 63: Evidence presented by the respondent If it is proved that the award falls under any of the circumstances specified in Paragraph 2 of Article 217 of the Civil Procedure Law, the people's court shall form a collegial panel to review and verify the award and rule that it shall not be executed.

Article 64 Application for enforcement of award by one party , if the other party applies to revoke the award, the People's Court shall rule to suspend execution.

If the people's court rules to revoke the award, it shall rule to terminate it implement. If the application to revoke an award is rejected by a ruling, the People's Court shall rule to resume execution.

【Legal Risk】

According to relevant legal provisions and legal practices for the enforcement of intellectual property arbitration awards, the following legal risks may occur in the enforcement of intellectual property arbitration awards:

(1) Legal risks of whether the parties will fulfill the award;

(2) If one party fails to perform the award, whether the other party applies to the People's Court for enforcement Legal risks;

(3) Both parties apply for The legal risk of whether the claims dealt with by the arbitration award are consistent;

(4) The legal risk of whether the court applying for enforcement of the arbitration award has jurisdiction;

(5) During the execution process, whether there is any legal risk of objection by outsiders;

(6) The legal risk of whether the arbitration institution that makes the arbitration award is established in accordance with the law;

(7) Legal risks of whether the application for execution exceeds the statutory time limit.

[Legal consequences]

According to relevant legal provisions and legal practices on the enforcement of intellectual property arbitration awards, the enforcement of intellectual property arbitration awards may produce the following legal consequences:

(1) If the party performs the award, it may bear the people's The legal consequences of the court’s rejection of the application;

(2) If one party fails to perform the award and the other party fails to apply to the People's Court for enforcement, it may bear the legal consequences of the arbitral award being unenforceable;

(3) If the parties have inconsistent handling of applications for arbitration awards, they may bear the legal consequences of the People's Court terminating execution;

(4) If the court applying for enforcement of the arbitral award does not have jurisdiction, it may be liable for the People's Court not to Legal consequences of acceptance;

(5) Implementation process If a person outside the case raises an objection to the execution, he may bear the legal consequences of the people's court terminating the execution.results;

(6) The establishment of arbitration institutions shall not If it complies with the provisions of the law, it may bear the legal consequences of invalidating the arbitration award;

(7) If the application for execution exceeds the statutory time limit, you may bear the legal consequences of the people's court rejecting the application.

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