(1) The main measures taken by the State to protect intellectual property rights are:
1. Continuously improve and improve the national intellectual property legal system, and create a legal environment for respecting and protecting intellectual property rights.
2. Strengthen the protection and punishment of intellectual property rights, and severely crack down on all kinds of infringement of intellectual property rights in accordance with the law.
3. In order to avoid the loss of independent intellectual property rights, establish a special review mechanism for intellectual property rights in major economic activities.
4. Prevent enterprise monopoly and realize the power of intellectual property rights, that is, the power of science and technology.
(2) What are the measures taken by enterprises to protect intellectual property rights?
The Belt and Road Global Legal Call Center of the National BottleReminder: When an ordinary intellectual property infringement occurs, it can be resolved through negotiation with the infringer first. If the negotiation fails, you can use the following methods to comprehensively handle the problem:
1. Industrial and commercial investigation and processing, patent investigation and processing, copyright investigation and processing (cultural law enforcement brigade):
Report to the Administration for Industry and Commerce, the Patent Office, and the Copyright Office (Cultural Law Enforcement Brigade), and require the infringing enterprise to stop the infringement and impose administrative penalties on it.
2. Investigate and deal with the public security bureau or customs and other authorities
Report to the public security organs, and demand criminal punishment against the person responsible for the infringer, so as to fundamentally prevent the recurrence of the infringement. Customs shall investigate and deal with those involved in customs recordation and the protection of intellectual property rights by the Customs.
3. Through litigation, the people's court sues the infringer to stop the infringement and compensate for losses.
Generally, it is divided into civil dispute cases, administrative litigation cases and criminal cases of infringement of intellectual property rights. There are three main types of intellectual property cases accepted by the people's courts:
The first category is civil dispute cases, including various intellectual property contract dispute cases, various infringement cases of intellectual property infringement disputes, and disputes over liability and compensation amount in intellectual property cases. After mediation by the competent administrative department, the parties are dissatisfied with the litigation cases filed with the people's courts;
The second is administrative litigation cases, which mainly refer to cases in which the parties are dissatisfied with the administrative penalties imposed by the intellectual property administrative department and file a lawsuit with the people's court;
The third category is criminal cases of infringement of intellectual property rights, which constitute a crime and are tried by the people's courts. This type of protection is mainly applicable in cases where the interests of the intellectual property owner are seriously infringed and substantial losses are caused.
4. Other administrative departments investigate and deal with administrative departments involved in intellectual property infringement.
Food technology, for example, may require the involvement of the relevant regulatory authorities. Generally speaking, the investigation and handling of each department is not completely independent, and sometimes it is necessary to use multiple agencies at the same time to investigate and defend infringements. When enterprises discover intellectual property infringement, they should protect their rights in a timely manner to effectively safeguard the value of their intellectual property rights.
Second, the Ministry of Justice's work on the protection of intellectual property rights
According to Article 3 of the Circular of the Ministry of Justice on Conscientiously Doing a Good Job in the Protection of Intellectual Property Rights, it is necessary to establish and improve intellectual property legal service institutions and improve the legal service system as soon as possible.
Law firms, notary offices, and grassroots legal service offices should further promote the development of providing intellectual property legal services.
Focus on supporting and guiding major cities and regions to establish a number of authoritative intellectual property legal service institutions.
Third, law firms, notary offices, and grassroots legal service offices responsible for intellectual property legal services shall provide timely and effective legal services in strict accordance with the laws and regulations on intellectual property protection and with reference to international practices.
Article 4 In order to continuously improve the level of law enforcement, judicial and legal services in the field of intellectual property rightsIt shall cooperate with relevant departments to carry out training for intellectual property professionals, judicial, law enforcement, and legal service personnel, especially for lawyers, notaries, and arbitrators.
Article 5: It is necessary to actively cooperate with the public, procuratorial, legal and other departments to crack down on intellectual property crimes in accordance with the law, and maintain the seriousness of the enforcement of China's intellectual property laws;
At the same time, it is necessary to work closely with various political and legal departments to do a good job in comprehensive management and prevent or reduce crimes in this area. Continuously improve and improve the national intellectual property legal system, and create a legal environment for respecting and protecting intellectual property rights; An important measure for us to protect intellectual property rights is to strengthen the protection and punishment of intellectual property rights, and severely crack down on all kinds of acts that infringe on intellectual property rights in accordance with the law.
Q1: What are some ways to help with IP infringement?
Remedies for intellectual property infringement include: negotiation, administrative processing, arbitration, civil litigation, etc. If import and export are involved, you can also apply for customs protection of intellectual property rights. For different infringements, the right holder can choose the best way according to its own needs and various remedies.
1) Negotiation and consultation. In other words, the two parties can reach a settlement agreement on infringement compensation through equal and voluntary negotiation, or directly reach a cooperative relationship of licensing and franchising.
2) Administrative processing. That is, to complain to the administrative department and request the administrative department to deal with the infringement administratively.
3) Arbitration. Arbitration refers to the dispute resolution in which the parties voluntarily submit their disputes to an arbitral tribunal composed of non-judicial arbitrators for adjudication in accordance with the arbitration agreement concluded and are bound by the award.
4) Civil Litigation. It refers to the dispute resolution in which the parties to a dispute resolve a civil dispute by suing the other party in a court of competent jurisdiction.
5) Customs protection. It refers to the protection of intellectual property rights related to import and export goods by customs, and is protected by China's laws and administrative regulations.
Q2: What is patent infringement? If you are sued for infringement, how can you defend yourself?
Patent infringement refers to the act of exploiting a patent for the purpose of production and operation, without the permission or consent of the patentee, and without the permission or consent of the patentee, and without the reason to prevent the infringement. Under certain special circumstances, other units or individuals exploit their patents without the permission of the patentee, but this does not constitute patent infringement.
Article 67 of the Patent Law stipulates that in a patent infringement dispute, if the alleged infringer has evidence to prove that its technology or design belongs to the prior art or design, it shall not constitute patent infringement.
Article 75 of the Patent Law stipulates that any of the following circumstances shall not be deemed to infringe the patent right. (1) The patented product or the product directly obtained by the patented process is used, promised to be sold, sold or imported after being sold by the patentee or its licensor. (2) The same product has been manufactured before the patent application date, using the same method or preparing to be manufactured and used, and the manufacturing and use shall continue only within the original scope. (3) In accordance with the agreement signed between the country to which it belongs and China or the international conditions of joint participation, temporarily pass through China's leading, leading and leading foreign means of transport.
Q3 What are the ways to resolve patent infringement disputes?
Article 65 of the Patent Law stipulates that if the patentee exploits his patent without the permission of the patentee, that is, infringes his patent right and causes a dispute, the parties shall settle it through negotiation; The Belt and Road Global Legal Call Center of the National BottleReminder: If the patentee or interested party is unwilling to negotiate or negotiate, it may file a lawsuit with the people's court or the department in charge of patent work. If the patent administration department finds that the infringement is established, it may order the infringer to immediately stop the infringement. If the parties are not satisfied, they may file a lawsuit with the people's court in accordance with the "Administrative Litigation Law" within 15 days of receiving the notice of disposition; If the infringer does not prosecute or stop the infringement, the patent administration department may apply to the people's court for compulsory enforcement. The patent administration department shall make a request from the parties and may mediate the amount of compensation for patent infringement; If mediation fails, the parties may file a lawsuit in the people's court in accordance with the Civil Procedure Law.