The "confirmation" of intellectual property rights refers to the competent authority's confirmation of the existence and validity of rights in accordance with the provisions of the law. It includes both the review and grant of rights, and the re-evaluation of the validity of rights after grant. confirm. Due to various subjective and objective reasons, there are a large number of trademark rights and patent rights in the field of intellectual property that are legally presumed to be valid but are actually defective, and the certainty of rights has been questioned. The issue of rights confirmation has become a typical issue in the field of intellectual property rights. This article is divided into three parts. First, it raises the problem, then analyzes the problem, and finally puts forward specific countermeasures and suggestions. Although the issue of rights confirmation is not a problem faced by all types of rights in intellectual property rights, it is unavoidable for a large number of trademark rights and patent rights. The existence of rights confirmation issues is also an important difference between intangible property and tangible property. point. Therefore, there is nothing wrong with calling it a typical problem faced by intellectual property. This article takes trademark rights and patent rights as the discussion objects, and focuses on two major interests (public interests and personal interests), two major powers (administrative power and judicial power), and two standards (administrative rights confirmation standards and judicial rights confirmation standards). ), the relationship between two types of procedures (administrative procedures and civil procedures), and two types of litigation (infringement litigation and rights confirmation litigation), a preliminary discussion on the issue of confirmation of intellectual property rights
Legal Basis:
Article 123 of the "People's Republic of China and Civil Code" Civil subjects enjoy intellectual property rights in accordance with the law.
Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) works;
(2) inventions, utility models, Appearance design;
(3) Trademark;
(4) Geographical indication;
(5) Trade secret;
(6 ) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects specified by law.