1. What are the principles for handling intellectual property disputes?
1, based on facts and taking law as the criterion.
To resolve intellectual property disputes, we must take facts as the basis and law as the criterion. This principle is the most basic and core principle to solve intellectual property disputes.
Taking facts as the basis means seeking truth from facts, proceeding from reality in everything, comprehensively and objectively identifying facts and being loyal to the truth. This is also the premise of correctly applying the law according to the law.
Taking the law as the criterion refers to accurately applying the law, distinguishing right from wrong, distinguishing responsibility, punishing illegal acts, protecting legitimate rights and interests, ensuring that the law is strictly enforced and offenders are investigated. As a standard, law includes both substantive law and procedural law.
2. The parties are equal in the application of law.
All parties are equal in the application of law, which is the concrete embodiment of the principle of "everyone is equal before the law" established by the Constitution in solving intellectual property disputes. The principle that all parties are equal in law application means that any party's legal rights and interests are also protected by the laws of China, and any party's illegal crimes should be equally investigated and punished by the law. Regardless of the occupation, social status and property status of the parties, citizens, legal persons and other unincorporated organizations are equal in the application of the law, and no extra-legal privileges are allowed, and it is not allowed to vary from person to person. Both parties in China and foreign countries are equal in law application except the principle of reciprocity. Any party seeking to solve a dispute of the same nature should enjoy the same rights in both substantive law and procedural law, and as long as the facts of the dispute are the same or similar, they should get the same or similar legal consequences.
3. Give consideration to the principle of fairness and reasonableness.
Due to the complexity of intellectual property disputes, the lag of intellectual property legislation caused by the rapid development of science and technology, and the limitations of statute law itself, laws with fairness as their value orientation may not necessarily bring fairness. To solve the contradiction between law and fairness, we must rely on the principle of giving consideration to fairness and rationality. The application of the principle of giving consideration to fairness and rationality should be based on the basic principles of the law and the legislative spirit, and the specific requirements of its application scope and procedures should be clarified, so as to realize the protection of intellectual property rights in strict accordance with the law, give consideration to fairness and rationality in obviously unfair or under special circumstances, and truly realize the pursuit of fair value.
Two. Intellectual property rights and interests
Personal rights and property rights
(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.
Third, intellectual property investment.
According to Article 27 of the Company Law of People's Republic of China (PRC), shareholders can make capital contributions in cash, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and transferred according to law. However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.
Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.
Where intellectual property investment needs to be evaluated, the following materials shall be provided during the evaluation:
(1) Provide patent certificate, patent register, trademark registration certificate, transfer contract related to intangible assets investment, handover certificate, etc.
(2) Fill in the intangible assets investment verification list. Required name, effective status, pricing, etc. Conform to the contract, agreement and articles of association, and be signed or accepted by the enterprise, recognized by all investors and signed on the list.
(3) intangible assets should be transferred (intellectual property rights should be transferred and registered; Signing technology transfer contracts for non-patented technologies; If the land use right has gone through the land change registration formalities), but it has not been completed at the time of capital verification, fill in the Transfer Form of Capital Contribution Property, which will be signed by the enterprise to be established and its investors, and promise to complete the relevant property right transfer formalities within the prescribed time limit; Where the contract, agreement and articles of association stipulate the delivery method and place, it shall be consistent with the contract, agreement and articles of association: the column of "signature of the recipient" shall be signed and sealed by all shareholders.
(4) The appraisal report issued by the asset appraisal institution that the appraisal purpose, appraisal scope and object, appraisal benchmark date, appraisal assumptions and other relevant restrictive conditions meet the capital verification requirements, and the investor's confirmation document on the asset value appraisal.
(5) Article 27 of the new Company Law deletes the requirement of the old paragraph about the proportion of intellectual property investment, that is, enterprises can contribute 100% of intellectual property investment.
(6) Where the investment is made by a patent right, and the patentee is a unit owned by the whole people, the approval documents of the superior competent department shall be provided; Where the investment is made with trademark rights, the approval of the competent department of trademarks shall be provided; With high-tech achievements, provide documents for examination and confirmation by the national or provincial science and technology management department.
Legal objectivity:
Copyright law of the people's Republic of China
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In order to protect the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encourage the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promote the development and prosperity of socialist culture and science, this Law is formulated in accordance with the Constitution.
the trademark law of the people's republic of china
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This Law is formulated in order to strengthen trademark management, protect the exclusive right to use trademarks, urge producers and operators to ensure the quality of goods and services, safeguard the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of socialist market economy.
patent law of the people's republic of china
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This Law is formulated with a view to protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development.