What is the litigation status of the parties to trademark litigation
(1) Plaintiff and defendant
According to Articles 49 and 108 of the Civil Procedure Law According to the provisions of Article 1, the litigation status of the plaintiff and the defendant is:
Plaintiff refers to a person who files a lawsuit in the People's Court in his own name because his civil rights and interests have been infringed or he has a dispute with others, thus triggering civil litigation procedures.
The defendant refers to the person who the plaintiff claims has violated his If there is a dispute over civil rights or interests, the People's Court shall notify the respondent.
The plaintiff and the defendant are in opposition to each other in civil litigation The status of two litigating subjects has a significant impact on the occurrence, development and elimination of civil litigation procedures. However, the plaintiff and the defendant are not the ones who control the civil litigation procedures. In civil litigation, the people's court is the one who controls the proceedings.As the commander of the order, the People's Court plays a leading role in civil litigation.
(2) Co-litigants
In general civil litigation, a case usually involves one plaintiff and one defendant. However, in some special cases, there may also be two or more plaintiffs and defendants, which are called co-plaintiffs or co-plaintiffs. Co-defendants, co-plaintiffs and co-defendants are collectively referred to as co-litigants.
A co-litigant is one in which the parties are jointly litigating situation exists. The subject matter of the litigation is common, or the subject matter of the litigation is of the same type, and the People's Court considers that the cases can be tried together with the consent of the parties. According to Article 53 of the Civil Procedure Law, there are two types of joint litigation: ordinary joint litigation and necessary joint litigation.
Ordinary joint litigation refers to one or both parties It is a joint action involving two or more persons whose litigation subjects are of the same type. The People's Court considers that the cases can be tried jointly and the parties agree to the joint litigation. To constitute an ordinary joint lawsuit, the following conditions must be met: ① The subject matter of the lawsuit belongs to the same category. ②Co-defendants belong to the jurisdiction of the same people's court. ③Several lawsuits that are subject to consolidation must be subject to the same litigation procedure. ④Consolidated trials must obtain the consent of the parties. ⑤ It must meet the purpose of the consolidated trial, that is, whether it is conducive to simplifying procedures and saving time and expenses. If such purpose is not achieved, it cannot be tried as a joint lawsuit. In ordinary joint actions, the parties do not have common interests in civil rights and obligations. For such lawsuits, the people's court can combine them as joint actions or try them separately as independent lawsuits. Even if the cases are tried together as a joint action, the People's Court should make separate judgments confirming their respective civil rights and obligations. The litigation actions of one of the ordinary co-litigants have no effect on the other co-litigants.
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