If the legal document is revoked after execution, it means that the person who obtained the rights according to the original legal document has lost the legal basis for obtaining the rights. At this point, if the obligee refuses to return it, the people's court may take compulsory measures to restore the relationship between rights and obligations to the state before execution. Therefore, the reason for the reversal of execution is that after the execution procedure is completed, the effective legal documents are revoked according to legal procedures. The people's court shall make a ruling of execution and order the person who obtained the property to return it. If the original thing can be returned, it shall be returned; If the original property cannot be returned or the original property is returned to the obligee obviously unfair, the person who obtained the property shall compensate for the losses, and the specific amount shall be approved by the people's court.
However, there are exceptions to intellectual property disputes:
1, an exception in trademark infringement. Article 36 of the Regulations for the Implementation of the Trademark Law stipulates that the exclusive right to use a registered trademark that has been revoked in accordance with Article 41 of the Trademark Law shall be regarded as nonexistent from the beginning. The decision or ruling on the cancellation of a registered trademark has no retrospective effect on the judgment or ruling on trademark infringement cases made and executed by the people's court before the cancellation, the decision on the handling of trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark transfer or use license contract that has been performed; However, if a trademark registrant maliciously causes losses to others, it shall make compensation.
2. Exceptions to patent infringement. The first two paragraphs of Article 47 of the Patent Law stipulate that the patent right that has been declared invalid shall be regarded as nonexistent from the beginning. The decision to declare the patent right invalid has no retrospective effect on the patent infringement judgments and conciliation statements made and executed by the people's court before the patent right was declared invalid, the decisions on handling patent infringement disputes that have been performed or executed, and the patent licensing contracts and patent transfer contracts that have been performed. However, if the patentee's malice causes losses to others, it shall make compensation.
In this way, after the judgment or administrative decision of trademark infringement dispute or patent infringement dispute is executed, even if the registered trademark is revoked or the patent right is declared invalid, the original effective judgment or administrative decision has lost its basis. For those who have obtained rights according to the original effective legal documents, there is no problem of revocation.
I'm still not sure about your question, but my understanding is:
There are many reasons why patents are revoked or trademarks are invalid. The judgment made by the court before the patent or trademark is revoked is correct, and the court has no mistakes. This is different from other cases, and it is not because of the court that the original judgment document lacks basis. In some cases, the court's legal documents were revoked because the judgment documents were found to be wrong during retrial, which was the court's self-correction behavior, and this execution turn was the court's correction of self-mistakes. The former is a government mistake or other reasons, and the court can't correct it, hehe.