Legal analysis: Intellectual property rights are "a collective term for rights generated by law based on creative achievements and industrial and commercial marks." The three most important intellectual property rights are copyright, patent rights and trademark rights. Patent rights and trademark rights are also collectively referred to as industrial property rights. China implements a "dual-track system" for the protection of intellectual property rights, that is, judicial protection and administrative protection go hand in hand, forming two parallel protection channels. When the rights holder discovers that his or her intellectual property rights have been infringed, he or she can choose an appropriate protection method based on the specific circumstances to stop the infringement and protect his or her legitimate rights and interests. That is, the rights holder can choose to file a lawsuit in the People's Court and claim civil compensation, or You can request administrative agencies to handle it. However, the emphasis of the two is different. If you want to stop the infringement, it is more advantageous to apply for administrative agency processing, which can quickly achieve the purpose of stopping the infringement. If there is a large economic loss due to the infringement, you can choose civil litigation and ask for financial compensation. The two relief channels have different legal consequences and usually do not conflict. However, because patent infringement involves more professional and technical aspects, in order to avoid the consequences of inconsistent civil judgments and administrative decisions, the Patent Administrative Enforcement Measures stipulate that the parties The patent management department that filed a lawsuit with the People's Court regarding this patent infringement dispute will no longer accept the case. In summary, except for patent infringement cases, intellectual property cases that have been accepted by the court will not affect the acceptance by administrative agencies. Rights holders should choose a method of protecting their rights based on their actual situation and the ultimate goal they want to achieve.

Legal basis: Article 60 of the "Trademark Law of the People's Republic of China" If any of the acts that infringe on the exclusive right to use a registered trademark as listed in Article 57 of this Law cause a dispute, the party concerned shall If the dispute is not resolved through negotiation or negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration department to handle the matter. Article 65 of the Patent Law of the People's Republic of China without the permission of the patentee shall infringe upon the patentee's patent rights and cause any disputes to be settled through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the dispute shall be resolved by negotiation. The patentee or interested party may file a lawsuit in the People's Court, or request the patent management department to handle the matter. Article 10 of the "Patent Administrative Law Enforcement Measures" requests the patent management department to handle patent infringement disputes, and shall meet the following conditions:

(1) The requester is the patentee or an interested party;

(2) There is a clear respondent;

(3) There are clear requests, specific facts and reasons;

(4) It is a patent subject to case management The case acceptance and jurisdiction of the working department;

(5) The party concerned did not file a lawsuit with the People's Court regarding the patent infringement dispute.