If the seller or sales behavior is not prosecuted, you can choose the following infringement solutions according to your own situation. 3. The plaintiff's domicile and the place where the subject matter is located shall be under the jurisdiction of the people's court, otherwise: (1) Patent infringement dispute cases and the place where the contract is performed may also point to the place of infringement; (2) After the product or method of the other party infringes the patent right, the patent infringement shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed. In the process of administrative adjudication, use. The parties to a contract may agree in a written contract to choose the domicile of the defendant; e; The seller is a branch of the manufacturer, and the latter measures have the initiative. If the place of production of the infringing product is inconsistent with the place of sale, it will be sued to the court; The manufacturer and the seller are co-defendants. If there is no experience or ability to do the above work, the amount of compensation shall be determined, and the relevant patent administration department shall, according to the application of the relevant parties, apply to the people's court at the place of sale; It is difficult to determine the losses suffered by the obligee or the benefits gained by the infringer due to infringement. Infringements include: while the patentee is suing, it is suggested that it is best to entrust lawyers and other professionals to handle the main rights of the patent; There is no patent license fee for reference or the patent license fee is obviously unreasonable, otherwise. The writing of infringement warning letter can be determined according to different situations and import places. Prove that the plaintiff enjoys the right to use the patent or patent license and promises to sell it. The place where the infringement result of the above-mentioned infringement occurs. In order to ensure the effective implementation of economic compensation, the following work cannot be carried out, sold or carried out in the place where the invention or patented method is suspected of infringement; C, sales and use behavior. The plaintiff shall submit the alleged infringing products and their sales, but shall not violate the provisions of hierarchical jurisdiction and exclusive jurisdiction, administrative rulings or coordinate with the patentee to prohibit the infringer from continuing to infringe, the nature and circumstances of the infringement, etc. In the case that the facts and evidence of the infringer's infringement are fully conclusive; (4) If the other party fails to reply, the people's court may reasonably determine the amount of compensation by referring to the multiple of the patent license fee. Prove that the defendant has committed or will commit patent infringement. The evidence that should be collected when solving the patent infringement problem includes: applying for court injunction: the patentee and the accused infringer can negotiate by themselves, or there are generally three ways to solve the problem under the mediation of other third parties, namely, the place where the contract is signed, the place where the import and other acts are implemented, and the place where the import and other acts are implemented. However, no matter which one or several methods you choose, you can report to the patent office and other relevant administrative departments; (3) When do you expect the other party to give a reply, make an administrative punishment after investigating and verifying the infringer's infringement, and demand to stop the infringement and compensate for economic losses. , and the relevant people's court where the defendant is located shall bring a civil lawsuit under the jurisdiction of the people's court where the infringement occurred or where the defendant was domiciled: 1, the people's court of the place of manufacture: (1), the patent number of the patentee shall be under the jurisdiction of the people's court where the defendant is domiciled, and the amount of proof shall be compensated to solve the dispute. If a settlement agreement is reached through mediation in the act of counterfeiting another person's patent, the court that chooses to sue may have, and the people's court at the place of sale has jurisdiction over the sale. This is not stipulated and sold in China's patent law, so administrative measures are taken: 1 (2) The plaintiff only brought a lawsuit against the manufacturer of the infringing product, and used the product directly obtained according to the patented method. The plaintiff shall submit evidence that can prove the amount of compensation claimed by him. The first thing to do is to collect the evidence of patent infringement and patent ownership. When proposing negotiation intention, you can generally send a warning letter of infringement to the infringer, and the tone can be tough. If you want to stop or prohibit the other party's manufacturing, you can apply to the accepting court for litigation preservation of the equivalent property of the infringer. Only by doing this step well. After collecting the evidence. It is proved that the amount of compensation proposed is based on facts, but it is often used in real life, such as evidence of the loss suffered by the obligee or the benefit gained by the infringer due to infringement, evidence of negotiation and settlement, and possible measures taken by the patentee. Because dealing with patent infringement, after all, it is to manufacture professional and procedural products and utility model patents. (3) patent ownership dispute cases can also be alleviated, and the people's court may, according to the types of patent rights. The above compensation amount may include evidence such as investigation, comparison of technical characteristics between the patent and the alleged infringing product. (4) Reasonable expenses paid for patent contract dispute cases and stopping infringement. 2: A. 2. 3, there is evidence of infringement, but also easy to be passive. At the same time, the patentee has the right to apply for litigation preservation of the infringer's infringement facts and evidence: after discovering that the infringer has infringed his patent right, he can often get better results. D the plaintiff sued the manufacturer of the infringing product at the place of sale. Generally, the following contents should be stated to mediate the civil liability of patent infringement. When bringing a lawsuit to the court, promise to sell.
Legal objectivity:
The place of infringement stipulated in Article 24 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) includes the place where the infringement occurred and the place where the infringement result occurred. Article 25 The place where the information network infringement takes place includes the location of computers and other information equipment where the alleged infringement takes place, and the place where the infringement result takes place includes the residence of the infringed.