The main ways of intellectual property disputes are negotiation, mediation, administrative handling, arbitration and civil litigation.
Consultation refers to the activities in which after an intellectual property dispute occurs, both parties reach a settlement agreement by themselves through direct consultation and negotiation on the basis of mutual understanding and in accordance with the provisions of relevant laws, so as to solve the dispute.
Mediation refers to the activities that people's courts, arbitration institutions or mediators apply for mediation after an intellectual property dispute occurs, so that the two parties can make concessions to each other on the basis of voluntary consultation and reach an agreement, thus solving the dispute.
Administrative handling refers to the activities of the parties to an intellectual property dispute or an unspecified third party requesting the intellectual property administrative organ to handle their intellectual property dispute or infringement related to intellectual property.
Arbitration refers to a dispute settlement system in which the two parties to an intellectual property dispute reach an agreement on a voluntary basis, submit the dispute to an arbitration institution for trial, and the arbitration institution makes a binding decision on both parties. The parties may require the other party to bear the responsibility or perform the obligation according to the arbitration award or conciliation statement, or may request the people's court to enforce it.
Civil litigation refers to the litigation activities in which the people's courts try and resolve intellectual property disputes with the participation of both parties. The parties may request the people's court to make a judgment or conciliation statement requiring the other party to assume responsibilities or perform obligations, and may request the people's court to enforce it.
Legal basis: Article 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties 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).