After receiving the notice, the operator of the e-commerce platform shall take necessary measures in time and forward the notice to the operator in the platform; If necessary measures are not taken in time, the expanded damage part and the operators in the platform shall be jointly and severally liable.
Operators in the platform who are damaged by false notification shall bear civil liability according to law. Operators in the platform shall bear the responsibility of double indemnity if they cause losses due to malicious publication of false notices.
Intellectual property rights holders refer to trademark registrants, patentees, copyright owners and copyright-related rights holders as stipulated by the laws of China.
The acquisition of trademark rights and patent rights is based on the examination and grant by the administrative department, and the confirmation of the right subject is relatively simple, just provide the confirmation certificate issued by the administrative department. Of course, the utility model and design in the patent right are not authorized by substantive examination. In judicial practice, this right, including the invention patent right, is often questioned, and the decision on the request for invalidation and the patent administrative litigation judgment have also become effective proof of the existence of the plaintiff's right to appeal.
Copyright is created automatically, and the right holder can provide manuscripts, originals, legal publications and copyright registration certificates related to copyright to prove the fact and completion time of his independent creation, and whether there is a prohibition statement. , and the copyright owner and neighboring rights of deductive works also include legal authorization certificates.
(1) individual rights
From the content point of view, intellectual property rights are composed of personal rights and property rights, also known as spiritual rights and economic rights.
The so-called personal right means that the right is inseparable from the person who has made intellectual achievements, and it is a legal reflection of personal relationship. For example, the author's right to sign a work, or the right to publish or modify a work, is a spiritual right.
(2) Property rights
The so-called property right refers to the right that the obligee can use these intellectual achievements to get remuneration or rewards after they are recognized by law. This right is also called economic right. It refers to the results of intellectual creative labor and the rights that intellectual workers enjoy according to law.
patent law of the people's republic of china
Article 64 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims.
The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.
Article 65 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).
Article 66 Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method.
Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute; The patentee, interested party or accused infringer may also issue a patent evaluation report on his own initiative.
Article 67 In a patent infringement dispute, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or design, it does not constitute patent infringement.
Article 68 Anyone who counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order him to make corrections and make a public announcement, confiscate his illegal income, and may concurrently impose a fine of less than five times his illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.