1. Both parties to the dispute must make it clear that the object of the dispute must be clear intellectual property rights, such as patents, trademarks and copyrights.
2. The disputed facts and evidence must be clear, and both parties must provide enough facts and evidence to support their claims.
3. The settlement of disputes must be legal, and both parties must choose a legal solution, such as negotiation, mediation, arbitration or litigation.
Precondition is the basis and prerequisite for solving intellectual property disputes. Only by meeting these conditions can disputes be effectively resolved. At the same time, these conditions are also the basic requirements for both parties to the dispute. Both parties must abide by relevant laws, regulations and procedures, respect facts and evidence, and choose legal solutions to ensure the fairness and effectiveness of dispute resolution.
In the process of solving intellectual property disputes, in order to meet the preconditions, the following measures can be taken:
1, fully understand the situation and subject matter of the dispute, and clarify the nature and type of the dispute.
2. Collect and sort out relevant facts and evidence to ensure that your claim is fully supported.
3. Choose an appropriate solution, such as negotiation or arbitration or litigation.
4. Abide by relevant laws, regulations and procedures, respect facts and evidence, and ensure the fairness and effectiveness of dispute resolution.
To sum up, the premise of solving intellectual property disputes is that both parties are clear, the facts are clear, the goals are clear, and the solutions are legal. In order to meet these conditions, both parties should fully understand the situation and subject matter of the dispute, collect and sort out relevant facts and evidence, choose appropriate solutions, and abide by relevant laws, regulations and procedures.
Legal basis:
the trademark law of the people's republic of china
Article 57
If one of the listed acts infringing on the exclusive right to use a registered trademark causes controversy, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it.
When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed.