1, self-negotiation
2. Administrative channels
Make a request to the competent patent office. If 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 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).
3. Access to justice
1) file a civil tort lawsuit with the court;
2) file a criminal private prosecution with the court or complain to the public security organ. Article 2 16 of the criminal law stipulates the crime of counterfeiting patents, that is, counterfeiting others' patents. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. According to 1998 "the Supreme People's Court on the implementation of
The evidence that enterprises need to collect is roughly as follows:
First, the evidence about the infringer.
Enterprises must first know the exact name, address, enterprise nature, registered capital, number of personnel, business scope, etc. of the infringer. Only by recognizing these situations clearly can enterprises formulate effective coping strategies.
Second, the evidence about the infringement facts.
The premise of patent infringement is that there must be infringement, so it is very important to prove that the infringer did commit patent infringement in dealing with infringement disputes. Evidence of patent infringement includes physical objects, photos, product catalogues, sales invoices, purchase and sale contracts, etc.
3. Evidence about damages.
An enterprise may claim damages from the infringer. The amount of compensation can be the loss suffered by the enterprise, but the enterprise should provide evidence to prove that the sales volume of its patented products has decreased, or the sales price has decreased, as well as other expenses paid more or less.
The amount of compensation claimed can also be the profits obtained by the infringer due to the infringement. The enterprise shall provide evidence to prove the infringer's sales volume, sales time, sales price, sales cost and sales profit, etc. On this basis, the profits of the infringer are calculated.
The amount of compensation may also be no less than the patent license fee for the patent license contract transaction between the enterprise and the third party. To this end, enterprises should provide patent licensing contracts with third parties that have been effectively performed.
Collecting evidence is a very troublesome thing, because it may be destroyed or difficult to obtain later. The methods for enterprises to collect evidence of patent infringement are as follows: 1. Collect evidence by themselves and entrust lawyers to investigate and collect evidence; 2. Apply to the notary office for evidence preservation; Third, apply to the court for pre-litigation evidence preservation; Fourth, apply to the people's court for evidence collection; Five, apply to the administrative organ for investigation and evidence collection.
Finally, enterprises can solve the problem of infringement of their patent rights through consultation, administrative channels and judicial channels. Patent infringement disputes belong to civil disputes, and the parties can solve them through consultation. If negotiation fails, the enterprise may order the infringer to stop the infringement or mediate the amount of compensation to the department in charge of patent work. If mediation fails, the enterprise may bring a civil lawsuit.