What are the main defense points in intellectual property litigation?

1. Title defense caused by patent infringement dispute? Accepting the application for invalidation filed by the defendant as the claimant according to the Patent Reexamination Board? The trial of this case should be suspended. This situation conforms to the provisions of the first paragraph of Article 156 of the Civil Procedure Law? Five? The provisions of the item. 2. For the defendant to file a property right defense in the name of others? Although the evidence is inconclusive? But it's enough. And others also ask to participate in the lawsuit as a third person? The suspension procedure shall apply. Because the question of whether the evidence is conclusive is often complicated. Be tried in separate confirmation proceedings. This is also in line with the first paragraph of Article 156 of the Civil Procedure Law? Five? The provisions of the item. 3. For the defendant to file a property right defense in the name of others? If others have indicated that the plaintiff's rights belong to others? But you don't want to be involved in this lawsuit? Treat others as giving up their right to appeal? Inform them of the consequences of not participating in the lawsuit? At the same time, it can be confirmed that the defendant's evidence in this respect is unconvincing and the defendant's defense of ownership is rejected. There are two reasons. One? Intellectual property ownership disputes are often complicated and difficult to solve? What if he doesn't appear in court? Just because the defendant said it and others said it? It's impossible to sort it out Second? Whether the parties participate in the litigation is the key to determine the success or failure of the defendant's ownership defense. If you don't participate in the lawsuit, it means that the defendant's ownership defense fails. Can't suspend the trial at this time? Can't you confirm that the plaintiff has no right of appeal? The trial of this case should continue. 4. If the defendant defends on the grounds that the plaintiff's rights belong to him? So the suspension procedure does not apply? Because there is no new litigation legal relationship? No case depends on the outcome of another case. Right confirmation at this time belongs to one of the facts to be examined in this case? There is no need to review another case. 1, Intellectual Property Civil Litigation (1) Intellectual property infringement litigation not only infringes on the civil rights defined in the General Principles of the Civil Law of China, but also includes unfair competition (i.e. infringement) stipulated in the Anti-Unfair Competition Law (2) litigation on intellectual property ownership, referred to as ownership dispute (3) transactions on acquisition, transfer and use of intellectual property. There is a cross between the acquisition link and the ownership litigation. 2. Intellectual Property Administrative Litigation (1) The administrative judgment made by the state administrative organ leads to the patent right and trademark right being confirmed by the administrative organ. According to the relevant intellectual property law, the parties concerned may apply to the administrative adjudication organ (namely, the Patent Reexamination Board and the Trademark Review and Adjudication Board) for reexamination, and they are not satisfied with the reexamination decision (in essence, an administrative judgment). Administrative Litigation (2) Specific administrative actions caused by specific administrative actions of state administrative organs (including administrative decisions, administrative licenses and administrative penalties, etc.). (3) The administrative law enforcement of local intellectual property management organs leads to the fact that local intellectual property management organs at all levels do not have the right to enforce intellectual property rights. Violations of intellectual property rights can be punished and mediated. If the other party refuses to accept the punishment or mediation decision, it may bring an administrative lawsuit to the people's court where the administrative organ is located. 3. Intellectual Property Criminal Proceedings According to the provisions of China's criminal law, only the following seven acts constitute intellectual property crimes: the crime of counterfeiting registered trademarks, the crime of selling goods with counterfeit registered trademarks, the crime of illegally manufacturing and selling goods with illegally manufactured registered trademarks, the crime of counterfeiting others' patents, the crime of infringing copyright, and the crime of selling copies of trade secrets. Lawyers can assist victims (obligees) in handling intellectual property criminal cases. To report and start the public prosecution procedure, you can file a private prosecution on behalf of the victim or act as the defender of the criminal suspect. 4. Intellectual property arbitration is mainly in intellectual property contract disputes. Under special circumstances, arbitration challenges can be selected according to the post-event agreement in ownership or infringement disputes. One: lead to a variety of litigation motives. In traditional intellectual property cases, the main purpose of litigants' litigation is to safeguard legitimate rights and interests. Influenced by the commercialization of knowledge, the parties began to use intellectual property litigation as a strategy to crowd out competitors in order to gain a favorable position in the market competition. In the choice of cause of action, in addition to the traditional copyright and trademark disputes, unfair competition and trade secret disputes are also common causes of action for the parties. Challenge 2: lead to an increase in batch cases. In order to increase the compensation pressure of competitors, some parties choose to focus on litigation in batches within a specific time. Once the plaintiff's claim for compensation is supported, competitors will face enormous compensation pressure, which will directly affect their normal production and business activities. The increase of batch cases has also led to the increase of court trial pressure, and the contradiction between people and cases has become more prominent. Challenge 3: It increases the difficulty of mediation. Some of the original defendants have competitive relations, have no motivation to cooperate, lack sincerity in mediation in litigation, and explicitly refuse mediation; Even if they express their willingness to accept mediation or have reached a preliminary settlement agreement, they often run aground in the final signing or performance stage. Mediation has become a means for the parties to delay litigation, which increases the difficulty of court mediation. Challenge 4: Industry development has a great impact on litigation. The development of the industry directly affects the litigation behavior of the parties. At present, the industries involved in intellectual property rights in the core area are still in the period of development and adjustment, with uneven distribution of interests and intensified interest struggle, such as video websites and digital libraries, which reflect the characteristics of related industries. Therefore, the court should pay attention to guiding the orderly and healthy development of the industry during the trial.