Today’s topic is what are the characteristics of intellectual property litigation. Intellectual property litigation refers to a litigation procedure in which the intellectual property owner files a lawsuit in court to protect his or her legitimate rights and interests after others infringe upon the intellectual property rights of the intellectual property owner. Intellectual property litigation mainly has the following characteristics: First, it is extremely professional. Take patent infringement disputes as an example. Whether the behavior performed by others is controlled by patent rights, we must determine whether the products manufactured, used, sold, offered for sale, or imported by others are patented products; , it depends on whether the technical features of the product fall within all the technical features stated in the claims of the patented product. Therefore, it is very important to interpret the technical features stated in the claims, but the interpretation of the claims is likely to involve knowledge in chemistry, physics and other aspects. Therefore, intellectual property litigation is very professional. Second, both civil litigation and administrative litigation are included. Intellectual property litigation involves not only civil proceedings, but also administrative proceedings. Because general intellectual property infringements are of course resolved through civil litigation procedures, but in addition, administrative litigation is often involved. For example: someone else applies to the Trademark Review and Adjudication Board to declare a trademark invalid. After the Trademark Review and Adjudication Board makes a ruling, the party dissatisfied with the ruling can file an administrative lawsuit with the court. Therefore, intellectual property litigation also includes areas such as administrative litigation. Third, specific infringement losses are difficult to calculate. Fourth, it is relatively difficult to obtain evidence.
Legal Basis
If the party concerned in Article 44, Paragraph 3 of the Trademark Law of the People’s Republic of China is dissatisfied with the ruling of the Trademark Review and Adjudication Board, he or she may File a lawsuit with the People's Court within 30 days from the date of filing. The people's court shall notify the other party in the trademark adjudication procedure to participate in the litigation as a third party.