Online litigation service platform
Online litigation service platform. In real society, many people will do illegal and criminal things. If our own rights and interests are infringed, we should apply to the court in time. File a case and use legal weapons to protect your legitimate rights and interests. Next, let’s learn about the online litigation service platform. Online litigation service platform 1
1. How to use the online litigation platform query system
You must have a query number and ID number before you can query. The case inquiry code is listed in the relevant documents for filing the case, or the court sends the case inquiry code via text message to the registered mobile phone of the party or litigation agent for case inquiry. The service system of the Online Litigation Service Center has prompts. Just follow the prompts. Just find the service center, click, and enter according to the prompts.
2. How the court with jurisdiction over intellectual property litigation is determined
1. Patent infringement dispute cases shall be under the jurisdiction of the People’s Court of the place where the infringement occurred or where the defendant is domiciled.
2. Copyright infringement dispute cases and trademark infringement dispute cases shall be under the jurisdiction of the people's court of the place where the infringement is committed, the place where the infringing copies are stored or where the infringing copies are stored or seized, and the place where the defendant is domiciled.
3. Infringement dispute cases involving computer network copyrights shall be under the jurisdiction of the People’s Court of the place where the infringement occurred or where the defendant is domiciled.
4. Cases involving infringement disputes involving computer network domain names shall be under the jurisdiction of the Intermediate People’s Court at the place where the infringement occurred or where the defendant is domiciled.
5. Cases involving new plant variety infringement disputes shall be under the jurisdiction of the intermediate people's court designated by the Supreme People's Court and the People's Government of the province, autonomous region, or municipality directly under the Central Government where the defendant is domiciled or where the infringement occurs.
6. In cases of disputes over infringement of the exclusive right to layout design of integrated circuits, the case shall be settled by the People's Government of the province, autonomous region or municipality directly under the Central Government where the defendant is domiciled or where the infringement is committed. The Intermediate People's Court of the place where the special economic zone is located or where it belongs shall have jurisdiction.
7. Other cases of intellectual property infringement disputes shall be under the jurisdiction of the People’s Court of the place where the infringement occurred or where the defendant is domiciled.
8. Cases involving intellectual property ownership disputes shall be under the jurisdiction of the People’s Court of the place where the defendant is domiciled.
9. Intellectual property contract dispute cases shall be under the jurisdiction of the People’s Court of the place where the defendant is domiciled or the place where the contract is performed. The parties to the contract may agree in the written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, but the provisions of hierarchical jurisdiction and exclusive jurisdiction shall not be violated.
3. How much is the lawyer’s fee for intellectual property litigation?
The lawyer’s fee for intellectual property litigation is based on the specific amount of property involved. The specific situation is as follows: narrate.
1. Cases without property disputes: ordinary civil, economic, and administrative cases that do not involve property subjects. The price is negotiated between 6,000 and 100,000 yuan based on the nature of the case, complexity, time required for work, and other factors. Collect; for non-local civil, economic, and administrative cases that do not involve property subject matter, the agency fee shall not be less than 20,000 yuan;
2. Legal documents: writing, revising, and reviewing legal documents on your behalf, according to the nature and difficulty of the legal documents The fee for each document is negotiated between 600 and 2,000 yuan, depending on factors such as ease of use and time required for the work;
3. Lawyer testimony: Based on the nature of the legal document, the time required and other factors, the fee will be charged on a per-unit basis. The fee is negotiable between RMB 2,000 and RMB 10,000 per piece.
4. Certificate issuance on behalf of the lawyer: The matters for the lawyer to issue the certificate on behalf of the client are different, and the fee is negotiated between 1,500 and 3,000 yuan per case;
5. Lawyer’s letter and legal opinion: issued for the client The fee for a lawyer's letter or legal opinion is negotiated based on factors such as the difficulty of the relevant matter, purpose of use, time required for the work, etc. The negotiated fee for each copy is between 1,500 and 20,000 yuan.
6. Lawyer investigation: Negotiate fees based on the investigation matters.
Online litigation service platform 2
1. What is the online filing and prosecution process
1. Enter the "Court Online Litigation Service Platform". Under normal circumstances, except for larger cities, you can choose The "Court Online Litigation Service Platform" of the province where the court being sued belongs. If the court being sued is a court in Xinyang District, search to enter the "Henan Court Online Litigation Service Platform".
2. Find the "Online Filing" option and click to enter the login page. If you apply for "Online Filing" for the first time, you need to register an account. After the account registration is successful, return to the login page to log in; the login page is in addition to ordinary account login. There is a dedicated channel for lawyers at the bottom of the entrance. Lawyers can enter the login page with their practicing certificate number.
3. After entering the login page, select "I want to file a case" and then select "Book an Appointment in Court". Select the court to be sued on this page.
4. Fill in the prosecution materials, certificate materials, and evidence materials, and click the "Confirm Submit" button after completion.
After completing the above steps, the application for "online filing" process is completed.
2. What is the process of litigation?
1. When writing a complaint, first clearly describe the basic situation of both the original and defendant parties, and then list the litigation claims. (Require repayment), and finally write down the ins and outs of the matter clearly.
2. Bring the indictment (submit a copy according to the number of defendants), the original and copy of the evidence (IOU or contract) to the filing division of the local court to request that the case be filed.
3. After filing the case, go home and wait patiently. The court will serve the defendant with a complaint, a notice to produce evidence, a notice to produce evidence, and the defendant's statement of defense. After the court date is determined, a summons will be served, and you must go to the court to attend the hearing on the date on the summons.
Conditions for prosecution: The prosecution should meet the following conditions: the plaintiff is a citizen, legal person, and other organization that has a direct interest in the case, has a clear defendant, has specific claims, facts and reasons, and belongs to the people The People's Court has jurisdiction over the scope of cases accepted by the court and the litigation.
Method of prosecution: There are two ways of filing a lawsuit, written and oral. The main method is written, that is, the plaintiff should submit a complaint to the court and submit a copy of the complaint according to the number of defendants. If there are indeed difficulties, you can file a lawsuit orally, and the court will record the transcript and inform the other party.
Now if you want to file a lawsuit, there are two ways. One can make an appointment to file a case online, and the other is to submit materials to the court in person to apply for a case. To make an appointment to file a case online, you only need to log in. Go to the local court website, select the court with jurisdiction, submit the materials and make an appointment to file the case. Online litigation service platform 3
The process of filing a civil lawsuit online is to submit a civil complaint, then upload the civil complaint, then fill in the relevant information and wait for review.
1. Civil complaint
(1) The complaint must be written on A4 paper, either printed or handwritten. The handwriting must be clear and neat.
(2) Submit one original copy of the indictment, and submit copies according to the number of defendants.
(3) If the plaintiff is a natural person, he or she must sign and fingerprint the petition. If the plaintiff is a legal person, it needs to be stamped with the official seal of the legal representative and stamped with a hand seal or signature.
2. Proof of identity of the plaintiff
(1) If the plaintiff is a natural person, he must submit a copy of his or her ID card (photocopies of both sides of the ID card).
(2) If the plaintiff is an organization, it is necessary to submit a copy of the unit’s business license, certificate of legal representative, power of attorney and agent-related procedures (for details, please refer to the relevant provisions of the third agent) ).
(3) If the plaintiff is an individual industrial and commercial household, a copy of the business license and a copy of the owner’s ID card must be submitted.
3. Scope of litigation agents and related procedures
Those who can be entrusted as litigation agents include: (1) lawyers and grassroots legal service workers; (2) close relatives of the parties Relatives or staff; (3) Citizens recommended by the community, unit where the party is located and its relevant social groups.
The required procedures are as follows:
(1) Power of attorney.
It must be signed or stamped by the principal, and the entrusted matters and authority must be clearly stated. An agent ad litem must be specifically authorized by the client to admit, abandon, change claims, conduct settlement, file counterclaims or appeals on behalf of the client.
(2) If the agent is a lawyer or legal worker, a copy of the lawyer's certificate and a letter from the law firm must be provided.
(3) If the agent is a citizen, a copy of his or her ID card must be provided. If the agent is not a close relative, a letter of recommendation from the jurisdiction, unit and social group where the client is located must be submitted.
(4) If the agent is a close relative of the party concerned, proof of kinship must be submitted.
4. Proof of the defendant and proof of the jurisdiction of this court.
(1) If the defendant is a natural person, his or her identity information must be provided.
(2) If the defendant is a legal person, individual industrial and commercial household, or other organization, the industrial and commercial registration information of the unit must be provided. If the actual business location is inconsistent with the registered location, proof of the actual business location must be provided. If the defendant is a public institution, a registration certificate should be submitted.
5. Copies of relevant evidence in this case
When filing a lawsuit, the parties shall provide basic basis related to this case that can prove the existence of a legal relationship between the parties
< p> In private lending disputes, when the parties submit copies of prosecution materials, they should also submit the originals for verification, and return them to the parties after verification.In our daily lives, the Internet is now very developed, so many people will complete the case filing procedures through the Internet, which is relatively convenient. However, if you want to file a case online, you must submit a civil complaint, and the content of the complaint is also very important.