1. What are the main methods to solve intellectual property disputes? There are five main ways of intellectual property disputes: 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. 2. What are the types of intellectual property disputes? 1. Ownership dispute. This is to ask who is the owner of intellectual property rights, who is the real person, and who should own the disputed intellectual property rights. Is it a unilateral intellectual property owner or a dispute between * * and the intellectual property owner? 2. Infringement disputes. This situation is a dispute between the intellectual property owner and an unspecified third party because of infringement. We can understand it as using intellectual property rights without authorization (permission of the intellectual property owner) and obtaining benefits from it. 3. Contract disputes. This is a contract signed in the process of intellectual property transfer and intellectual property licensing, as well as disputes caused by both parties to the contract. 4. Administrative disputes. Disputes arising from the refusal of intellectual property parties to the decisions made by the intellectual property administrative departments. Three. Limitation of action for infringement of intellectual property rights is 2 years, counting from the date when the obligee knows or should know. The people's court shall order the defendant to stop the infringement if the right holder of the patent right, trademark right or copyright has sued for more than 2 years and the intellectual property right is still within the protection period; The amount of compensation for infringement damages shall be calculated for two years from the date when the obligee brings a lawsuit to the people's court. Article 23 of Several Provisions on Applicable Law in Trial of Patent Disputes issued by the Supreme People's Court in 20001,Article 28 of Interpretation of Applicable Law in Trial of Copyright Civil Disputes issued in 2002, and Article 18 of Interpretation of Applicable Law in Trial of Trademark Civil Disputes issued in 2002 stipulate that the patentee, copyright owner and trademark owner have sued for more than two years. If the infringement is still going on at the time of prosecution, the people's court shall order the defendant to stop the infringement within the period of validity of the patent right, copyright right and trademark right, but the amount of damages shall be calculated within two years from the date when the obligee files a lawsuit with the people's court.
Legal objectivity:
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, infringing on the exclusive right to use a registered trademark and causing 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. When the administrative department for industry and commerce finds that the infringement is established, it shall be ordered to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal business amount is more than 50,000 yuan, a fine of less than five times the illegal business amount may be imposed; if there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of less than 250,000 yuan may be imposed. Whoever commits trademark infringement twice or more within five years or has other serious circumstances shall be given a heavier punishment. The administrative department for industry and commerce shall order the sale of goods that are not known to infringe the exclusive right to use a registered trademark, and can prove that the goods are legally obtained by themselves, indicating the supplier. If there is any dispute over the amount of compensation for infringement of the exclusive right to use a trademark, the parties concerned may request the administrative department for industry and commerce for mediation, or bring a suit in a people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). After mediation by the administrative department for industry and commerce, if both parties fail to reach an agreement or fail to perform the mediation after it takes effect, 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).