First, the legitimate rights and interests of administrative protection are different from those of civil protection;
Two, the exercise of administrative protection is the administrative organ, the right holder or the third party can report to the administrative organ, but can not start the corresponding administrative protection procedures;
Third, the means of administrative protection are mostly ability punishment and execution punishment, and of course, it also includes economic penalties such as confiscation of non-income and fines;
Four, the results of administrative protection can be used as evidence of civil protection, which is conducive to the smooth implementation of civil protection. In practice, the two protection methods are usually combined to strive for the most favorable results.
What are the characteristics of administrative protection of intellectual property rights compared with civil protection?
The patent law stipulates that if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution.
At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). Anyone who counterfeits another person's patent shall, in addition to bearing civil liability according to law, be ordered by the patent administration department to make corrections and make an announcement. If the illegal income is confiscated, a fine of less than three times the illegal income may be imposed. If there is no illegal income, a fine of less than 50 thousand yuan may be imposed. Where a non-patented product is passed off as a patented product or a non-patented method is passed off as a patented method, the administrative department for patent affairs shall order it to make corrections and make an announcement, and may also impose a fine of not more than 50,000 yuan.
The Trademark Law stipulates that any dispute arising from infringement of the exclusive right to use a registered trademark may be settled by the parties concerned through consultation. Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools specially used for manufacturing infringing goods and forging registered trademark marks, and may also be fined. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling; If the infringer fails to bring a suit and perform it within the time limit, the administrative department for industry and commerce may apply to the people's court for compulsory execution. The administrative department for industry and commerce may, at the request of the parties, mediate the amount of compensation for infringement of the exclusive right to use a trademark; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). The administrative department for industry and commerce has the right to investigate and deal with violations of the exclusive right to use a registered trademark. When investigating, the administrative department for industry and commerce may require the relevant parties to investigate the situation related to the infringement of the exclusive right to use a registered trademark of others; Consult and copy the contracts, invoices, account books and other relevant materials related to the infringement activities of the parties; On-site inspection of places where the parties are suspected of engaging in activities that infringe upon the exclusive right to use registered trademarks of others; Check articles related to infringement activities; Articles that have evidence to prove that they infringe upon the exclusive right to use registered trademarks of others may be sealed up or detained.
The Copyright Law stipulates that a work is copied, distributed, performed, displayed, played, compiled or disseminated to the public through an information network without the permission of the copyright owner; Publishing books with exclusive publishing rights enjoyed by others; Reproduction and distribution of audio and video products of their performances without the permission of performers, or dissemination of their performances to the public through information networks; Reproduction, distribution or dissemination of audio-visual products made by the producer to the public through information networks without the permission of the producer; Broadcasting or reproducing radio or television without permission; Without the permission of the copyright owner or the copyright-related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect the copyright of his works, audio-visual products and other copyright-related rights. Deliberately deleting or changing the rights management electronic information of works, audio-visual products, etc. ; When making or selling the above-mentioned infringing acts, such as works with counterfeit signatures, in addition to the circumstances, it shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for losses; At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies.
To sum up, have your questions been answered?
legal ground
Administrative Procedure Law Article 1 This Law is formulated in accordance with the Constitution in order to ensure that the people's courts hear administrative cases fairly and promptly, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the administrative organs to exercise their functions and powers according to law.
Article 2 of the Administrative Procedure Law: Citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this Law if they think that the administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests. The administrative acts mentioned in the preceding paragraph include administrative acts made by organizations authorized by laws, regulations and rules.
Article 3 of the Administrative Procedure Law The people's courts shall guarantee the rights of citizens, legal persons and other organizations to sue and accept administrative cases that should be accepted according to law. Administrative organs and their staff shall not interfere with or obstruct the people's courts in accepting administrative cases. The person in charge of the sued administrative organ shall appear in court to respond to the lawsuit. Unable to appear in court, it shall entrust the corresponding staff of the administrative organ to appear in court.
Patent Law of People's Republic of China (PRC) Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.
People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 3 of the Patent Law of People's Republic of China (PRC) * * * The patent administrative department of the State Council is responsible for the management of patent work throughout the country; Accept and examine patent applications in a unified manner and grant patent rights according to law. The departments for patent administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for patent administration within their respective administrative areas.