According to Article 60 of the Patent Law of People's Republic of China (PRC):
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).
According to Article 60 of the Trademark Law of People's Republic of China (PRC):
If one of the acts listed in Article 57 of this Law infringes on the exclusive right to use a registered trademark and causes disputes, the parties concerned shall settle them 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.
Extended data
According to Article 57 of the Trademark Law of People's Republic of China (PRC):
Any of the following acts is an infringement of the exclusive right to use a registered trademark:
1. Using the same trademark as its registered trademark on the same commodity without the permission of the trademark registrant;
2. Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods, is likely to cause confusion;
3. Selling goods that infringe the exclusive right to use a registered trademark;
4. Forging or manufacturing others' registered trademarks without authorization or selling forged or manufactured registered trademarks without authorization;
5, without the consent of the trademark registrant, change its registered trademark and put the goods with the changed trademark on the market again;
6. Deliberately providing convenient conditions for infringing upon the exclusive right to use a trademark of others and helping others to commit acts of infringing upon the exclusive right to use a trademark;
7, causing other damage to the exclusive right to use a registered trademark of others.