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Patent defense
Release Time：
2020-04-01
In order to make better development of national intellectual property strategy and set up a patent system in line with China's national conditions, it is urgent for the relevant departments to put forward targeted measures to solve the outstanding problems of weak protection in the operation of China's patent system, give full play to the respective advantages and roles of the two ways of administrative law enforcement and judicial protection, effectively safeguard the lawful rights and interests of the patentees, and maximize the saving of the costs of the parties concerned and the social resources. This will effectively safeguard the legitimate rights and interests of patentees and maximize the cost and social resources of the parties concerned, fully stimulate the innovation vitality of the whole society, and provide strong institutional support for accelerating the transformation of the mode of economic development and the construction of an innovative country.
When the patent right is infringed, the patentee, the exclusive licensee of the patent right, the exclusive licensor of the patent right who has given up the exercise of the right, or the general licensor of the patent right who has been authorized by the patentee may carry out the patent infringement relief in accordance with the relevant legal provisions.
Patent infringement remedies are categorized into three types: self-supporting remedies, administrative remedies and judicial remedies. If the parties concerned negotiate on their own, it is a self-supporting relief; if they are unwilling to negotiate or the negotiation fails, the patentee or the interested party may sue to the People's Court, or may request the department that manages the patent work to deal with the case.
Enterprises should choose different remedies according to their own situation and the specific circumstances of the case. For example, if the two parties to the dispute are familiar with each other and cannot reach a consensus due to certain reasons, they can apply for the administrative authorities to intervene in the mediation; if the purpose is to obtain compensation for infringement of the patent, they can only seek for judicial remedies for the time being; if the case is simple, and they want to stop the infringement behavior quickly to protect the market from erosion, the administrative remedies are the better choices; in some cases, if the key evidences have been locked up but it is difficult to obtain them, they can provide the relevant information. In some cases, if the key evidence has been locked but is difficult to obtain, relevant information can be provided to request the patent administration department to take the initiative to collect evidence materials through administrative remedies before considering whether to file an infringement lawsuit.
Source: China Intellectual Property Rights Defense Assistance Network
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