First, the main body of intellectual property civil litigation
In intellectual property litigation, intellectual property rights holders, rights transferees, licensees and other interested parties may all become litigation subjects. For example, after the patentee obtains the patent right, he transfers part of the rights of the patent right to a third party for promotion and implementation, and the third party permits others to implement it in different ways in different regions. When an infringement lawsuit is filed, the patentee, the patentee and the licensee may all become plaintiffs in the intellectual property lawsuit. When reviewing the prosecution, the court should carefully review the transfer and licensing contracts between them and determine the qualifications of the parties according to the situation.
In addition, the legal facts involved in the process of the emergence, alteration and elimination of the civil legal relationship of intellectual property rights are often a series of events or behaviors, which often involve multiple subjects associated with the events or behaviors and become parties in the same lawsuit. For example, in intellectual property litigation, it often happens that many people infringe the intellectual property rights of a right holder, and many intellectual property owners are infringed by the same infringer. The extensiveness of the scope of this litigation subject is one of the characteristics of intellectual property litigation.
Second, the characteristics of intellectual property civil litigation
In intellectual property litigation, both property rights and personal rights are often involved. Tort disputes, ownership disputes and contract disputes with third parties may coexist in tort litigation; Or conflicts of rights arise because the parties have different types of intellectual property rights; Or the same illegal act (or even multiple illegal acts) may produce different legal responsibilities such as civil tort liability, civil breach of contract liability and even administrative liability. All these make the legal relationship of intellectual property litigation complicated.
In intellectual property litigation, the focus of litigation disputes is many and professional. In the trial of litigation cases, it is generally necessary to confirm the ownership of rights first, or to determine whether the plaintiff enjoys the rights protected by law and the scope of such rights; Secondly, when determining the defendant's infringement, it is often necessary for the judge to compare and judge the infringing object technically and professionally, which involves professional technical knowledge in engineering technology, natural science and even literature and art appreciation. Without relevant professional background and rich knowledge, it is difficult to really grasp the disputes in intellectual property litigation.
In intellectual property litigation, the litigants can be intellectual property rights holders, transferees, licensees and other interested parties. From the subject of intellectual property civil litigation, intellectual property litigation is still different from general civil litigation. Moreover, in intellectual property litigation, both property rights and personal rights are usually involved.