(A) the choice of target objects
Legal proceedings should also stress efficiency, and the ultimate goal is to safeguard the legitimate rights and interests of obligees. However, under the above circumstances, it is particularly important to choose a suitable litigation subject. When choosing the litigation object of rights protection, the obligee should take those infringers who have the ability to compensate, influence and direct competitiveness as the first goal. This kind of enterprise is generally large in scale, and the obligee can get more adequate compensation when defending intellectual property rights. At the same time, if the infringer's business is the same industry that competes with the obligee, it can also be used as a means of market competition to gain a better competitive advantage. Among these enterprises, foreign companies and listed companies are the most.
(2) Choice of jurisdiction
A lawsuit brought for infringement shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile. The place of filing an intellectual property infringement lawsuit can choose the defendant's domicile or the place where the infringement occurred.
(C) the choice of institutions
Compared with other civil and commercial cases, intellectual property infringement cases are more professional, and professional institutions must be entrusted to solve such disputes.
(D) the choice of litigation opportunity
The lawsuit of the obligee is not only for safeguarding rights, but also an excellent opportunity for commercial propaganda. For example, when an infringing enterprise starts to go public, it can put more pressure on the infringer, prompt the case to be solved as soon as possible, and obtain a better compensation amount.
The above is what legal knowledge is included in the choice before intellectual property litigation, and I hope it can help you. If you encounter some thorny legal problems and have the idea of entrusting a lawyer, there are many lawyers on our website who can provide services for you. Hualu Intellectual Property provides you with knowledge about copyright, trademark and patent, and adds a "lock" to your intellectual property!
Relevant laws and regulations
general rules of civil law
Article 94 Copyright Citizens and legal persons enjoy copyright and the rights to sign, publish, publish and receive remuneration according to law.