1. If both parties can reach an agreement on the infringement dispute, they can settle it through consultation;
2. If both parties fail to reach an agreement on the infringement dispute, they may request the patent administration department of the State Council to mediate or bring a lawsuit to the people's court.
legal ground
/kloc-article 23 of the patent law of People's Republic of China (PRC), which came into effect on June, 0.
The design granted the patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.
Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.
A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.
Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.
Article 52
Disputes arising from the implementation of the open license shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, they may request the administrative department for patent in the State Council for mediation, or bring a suit in a people's court.