1, intellectual property civil litigation
(1) Intellectual property infringement lawsuit
In addition to infringing on the civil rights defined in the General Principles of the Civil Law, it also includes acts of unfair competition (that is, infringement) stipulated in the Anti-Unfair Competition Law.
(2) intellectual property ownership litigation
Litigation about intellectual property ownership is referred to as ownership dispute.
(3) intellectual property contract litigation
Disputes arising from the acquisition, transfer and use of intellectual property rights overlap with ownership litigation in the process of acquisition.
2. Intellectual property administrative litigation
(1) is caused by an administrative judgment made by a state administrative organ.
The patent right and trademark right need to be confirmed by the administrative organ. According to the relevant intellectual property laws and regulations, if a party refuses to accept the decision, he may apply to the administrative adjudication organ (namely, the Patent Reexamination Board and the Trademark Review and Adjudication Board) for reexamination; if he refuses to accept the reexamination decision (essentially an administrative ruling), he may bring an administrative lawsuit.
(2) Caused by a specific administrative act made by a state administrative organ.
In the process of confirmation, transfer and use of intellectual property rights, the confirmation organ has made specific administrative actions (including administrative decisions, administrative licenses and administrative penalties) against the parties concerned in accordance with relevant intellectual property laws, and the administrative counterpart refuses to accept the administrative proceedings.
(3) caused by the administrative law enforcement of local intellectual property governance organs.
Local intellectual property management organs at all levels that have the power to enforce intellectual property rights can punish and mediate violations of intellectual property rights. If the counterpart refuses to accept the punishment or mediation decision, he may bring an administrative lawsuit to the people's court where the administrative organ is located.
3, intellectual property criminal proceedings
China's criminal law stipulates that only the following seven acts constitute intellectual property crimes:
(1) Crime of counterfeiting registered trademarks
(2) the crime of selling goods with counterfeit registered trademarks
(3) The crime of illegally manufacturing and selling illegally manufactured registered trademark marks.
(4) the crime of counterfeiting others' patents
(5) Crime of copyright infringement
(6) Crime of selling infringing copies
(7) Crime of infringing trade secrets
Lawyers can assist victims (obligees) to report cases and start public prosecution procedures in intellectual property criminal cases, can represent victims in private prosecution, and can also act as defenders of criminal suspects.
4. Intellectual property arbitration
Mainly in intellectual property contract disputes, under special circumstances, in ownership or infringement disputes, arbitration can be chosen according to the agreement afterwards.
Here, I also hope that everyone will take intellectual property rights seriously and not infringe them at will. Anyone who is found to have infringed intellectual property rights can also report it.