The court's jurisdiction over intellectual property infringement disputes has the following provisions:
1, the jurisdiction level stipulates that intellectual property disputes shall be under the jurisdiction of the people's court at or above the intermediate level or the intellectual property court;
2. Geographical jurisdiction stipulates that intellectual property disputes shall be under the jurisdiction of the people's court where the defendant is located or where the infringement occurs.
How to deal with intellectual property infringement;
1, ordered to stop the infringement and eliminate the impact;
2. Seal up relevant property and materials that may be transferred, concealed or destroyed according to law;
3. Eliminate the infringing trademark marks, special marks, patent marks, works and other creative achievements on existing articles;
4. Collect and destroy infringing trademark marks, patent marks and special marks;
5. Collect tools such as molds and plates directly used for infringement;
6, infringing trademarks, special signs, patents, works and other creative achievements and articles are difficult to separate, it shall be ordered and supervised to destroy.
The solution is:
1. negotiation: after the intellectual property dispute occurs, both parties reach a settlement agreement by themselves through direct negotiation on the basis of mutual understanding and in accordance with relevant laws.
Mediation: After an intellectual property dispute occurs, the people's court, arbitration institution or mediator shall mediate between the two parties according to their applications, so that the two parties can make concessions to each other and reach an agreement on the basis of voluntary consultation.
Three. Administrative handling: the parties to an intellectual property dispute or an unspecified third party request the intellectual property administrative organ to handle their intellectual property dispute or intellectual property-related infringement and other illegal acts.
4. Arbitration: Both parties to an intellectual property dispute reach an agreement on a voluntary basis to submit the dispute to an arbitration institution for trial, and the arbitration institution will make an award that is binding on both parties.
Verb (abbreviation of verb) Civil litigation: The people's court tries and resolves intellectual property disputes with the participation of both parties.
To sum up, in view of the increasing number of intellectual property disputes and diversified forms of disputes, intellectual property disputes in China mainly rely on four ways: litigation relief, administrative relief, social relief and self-help, which are embodied in five ways: litigation, administrative complaint, arbitration, civil mediation and self-negotiation. Among them, litigation relief is the main, supplemented by administrative relief. However, the use rate of non-litigation methods such as arbitration and civil mediation is low, which fails to give full play to its role of litigation diversion. In view of this, judicial relief with rigid procedure and authoritative result is still the main channel to solve intellectual property disputes in China.
Legal basis:
the trademark law of the people's republic of china
second
Patent dispute cases are under the jurisdiction of intellectual property courts, intermediate people's courts and grassroots people's courts determined by the Supreme People's Court.
Maritime and maritime cases shall be under the jurisdiction of the maritime court.
People's Republic of China (PRC) Civil Procedure Law
Article 28
A lawsuit brought for infringement shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile.
Article 265
If a lawsuit is brought against a defendant who has no domicile in People's Republic of China (PRC) due to a contract dispute or other property rights dispute, and the contract is signed and performed in People's Republic of China (PRC), or the object of the lawsuit is in People's Republic of China (PRC), or the defendant has property available for seizure in People's Republic of China (PRC), or the defendant has a representative office in People's Republic of China (PRC), the lawsuit can be filed by.