Legal analysis: Intellectual property rights are "the collective name of rights legally produced based on creative achievements and industrial and commercial marks". The three main intellectual property rights are copyright, patent right and trademark right, among which patent right and trademark right are also collectively referred to as industrial property rights. China implements a "dual track system" for intellectual property protection, that is, judicial protection and administrative protection go hand in hand, forming two parallel protection channels. When the obligee finds that his intellectual property rights have been infringed, he can choose an appropriate protection method according to the specific situation, so as to stop the infringement and safeguard his legitimate rights and interests, that is, the obligee can choose to bring a lawsuit to the people's court, request civil compensation, or request the administrative organ to handle it. However, the focus of the two is different. If you want to stop the infringement, it is more favorable to apply to the administrative organ for handling, which can quickly achieve the purpose of stopping the infringement. If the infringement causes great economic losses, you can choose civil litigation and demand economic compensation. The legal consequences of these two remedies are different and usually do not conflict. However, because patent infringement is more professional and technical, in order to avoid the consequences of inconsistency between civil judgments and administrative decisions, the Measures for the Administrative Enforcement of Patents stipulates that the patent administrative department that the parties bring a lawsuit to the people's court on patent infringement disputes will no longer accept it. To sum up, except for patent infringement cases, intellectual property cases that have been accepted by the court do not affect the acceptance of administrative organs. The obligee should choose the right way to protect rights according to his actual situation and the ultimate goal he wants to achieve.
Legal basis: Article 60 of the Trademark Law of People's Republic of China (PRC) commits one of the acts listed in Article 57 of this Law, which infringes on the exclusive right to use a registered trademark and causes disputes, which shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the trademark registrant or interested party may bring a lawsuit to the people's court or request the administrative department for industry and commerce to handle it. Article 65 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. In case of any dispute, 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. Article 10 of the Measures for the Administrative Enforcement of Patents shall meet the following conditions when requesting the administrative department for patent affairs to handle patent infringement disputes:
(1) The claimant is the patentee or interested party;
(2) Having a clear respondent;
(three) there are clear requests and specific facts and reasons;
(4) The scope of acceptance and jurisdiction of the patent administrative department;
(5) The parties concerned have not brought a lawsuit to the people's court on the patent infringement dispute.