Intellectual property is an intangible property right, which refers to the results of intellectual creative labor and the rights enjoyed by intellectual workers according to law. Then, if this right is violated, what measures should we take to protect our intellectual property rights?
Now, let Xiao Na show you some ways to protect intellectual property rights.
First, through the administrative protection of intellectual property rights:
1. Copyright administrative protection: The competent authorities are the National Copyright Administration and local copyright administrative departments, which are responsible for the administrative punishment of copyright infringement. If the party applying for administrative punishment for foreign-related infringement is a foreign citizen, legal person or unincorporated unit, it shall entrust an agent designated by the National Copyright Administration to apply for it on its behalf.
2. Administrative protection of patent rights: The competent authorities are China National Intellectual Property Administration and local intellectual property administrative departments, which are responsible for administrative mediation of patent disputes. Among them, patent disputes mainly include patent infringement disputes and patent ownership disputes. The conditions for the intellectual property management authority to accept a patent dispute case are: the mediation requester must be a unit or individual with a direct interest in the dispute and the dispute. There are clear applicants, specific requirements and factual basis. It belongs to the jurisdiction and acceptance scope of the Intellectual Property Administration. The parties concerned have not yet brought a suit in a people's court.
3. Administrative protection of trademark rights: The competent authority is the administrative department for industry and commerce at or above the county level where the infringement occurred, and is responsible for the administrative punishment of trademark infringement. Foreign-related trademark cases or major cases should be handled directly by the municipal or provincial administrative departments for industry and commerce.
Secondly, the judicial protection of intellectual property rights:
1. Determination of jurisdiction: In an intellectual property infringement lawsuit, due to the different nature of the case, it shall be under the jurisdiction of the court with jurisdiction and the people's court where the infringement occurred or the people's court where the defendant has his domicile. Among them, the place of infringement includes the place where the infringement was committed and the place where the infringement result occurred.
2. Conditions to be met in bringing an intellectual property infringement lawsuit: the plaintiff is a citizen, legal person and other organization with a direct interest in this case; There is a clear defendant; There are specific requests, facts and reasons; It belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court under appeal.
Protect your rights and interests, and intellectual property protection should not be underestimated!
Editor: Xiao Na @ Najie Intellectual Property
Article source: Najie Intellectual Property WeChat official account (najieip)