Intellectual property infringement refers to the behavior of an actor that objectively infringes upon the property rights or personal rights of others’ intellectual property rights and should bear civil liability. Infringement is the trampling and deprivation of the labor of the creators of intellectual property, and it is a corrosive agent that harms scientific and technological progress and cultural prosperity. Intellectual property infringement generally includes trademark infringement, patent infringement, and copyright (ie copyright) infringement.
According to the relevant laws of our country, if someone complains about intellectual property infringement, the party concerned can negotiate with the complainant to resolve the matter and try not to go through judicial procedures.
Article 60 of the "Patent Law of the People's Republic of China":
Using the patent without the permission of the patentee will infringe the patent right and cause disputes , the matter shall be settled through negotiation between the parties; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter.
If the patent management department determines that the infringement is established during handling, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the People's Court within fifteen days from the date of receipt of the handling notice. . If the infringer does not sue or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement.
At the request of the parties, the patent management department that handles the matter may mediate on the amount of compensation for infringement of patent rights. If mediation fails, the parties may file a lawsuit in the People's Court. Intellectual property rights in my country include copyrights, patents, trademarks, etc., and there are many infringements of intellectual property rights. Those who infringe on intellectual property rights need to bear civil liability for compensation.
Extended information:
The constitution of intellectual property infringement:
1. Regarding the issue of illegality. This is an important component of intellectual property infringement. Although many scholars in academia are studying whether illegality should independently become a component of infringement, at least in the field of intellectual property infringement, illegality is indispensable. .
2. Regarding the factual issue of damage. In the constitution of tort in general civil tort theory, whether it is the three-element theory, the four-element theory or the five-element theory, it is believed that the fact of damage is one of the constituent elements of civil tort.
3. Regarding causality. This is a necessary requirement for civil torts in general civil tort theory. However, since some intellectual property infringements do not require damaging consequences, only intellectual property infringements that cause damaging consequences need to determine the liability of the infringer. The determination of causality is meaningful only when the degree of responsibility is determined.
4. Regarding subjective requirements. In the civil tort theory described above, one of the essential elements for the formation of a general infringement is that the infringer is subjectively at fault. However, subjective fault is not an essential element for the constitution of intellectual property infringement.
Baidu Encyclopedia - Intellectual Property Infringement
Baidu Encyclopedia - "Patent Law of the People's Republic of China"