Because the state has strengthened the efforts to crack down on trademark infringement and protect intellectual property rights, the awareness of intellectual property protection in the whole society has also improved a lot, so in the face of piracy infringement, the attitude of rights holders is also more positive.
Therefore, if it is infringed, choosing litigation is a better way to stop the infringement, but because intellectual property litigation has its particularity.
The process of legal proceedings is:
1, sue, that is, file a complaint with a court with jurisdiction.
2. filing a case for review.
In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible.
If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days.
After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution.
3. Arrange the court session time.
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.
4. Hold a trial.
Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.
Court investigation: the parties state the facts of the case.