Today's topic is what are the characteristics of intellectual property litigation. Intellectual property litigation refers to a kind of litigation procedure in which the intellectual property right holder brings a lawsuit to the court to safeguard his legitimate rights and interests after others infringe his intellectual property rights. Intellectual property litigation mainly has the following characteristics: First, it is professional. As far as patent infringement disputes are concerned, it is necessary to determine whether the products manufactured, used, sold, promised to be sold or imported by others belong to patented products, and to judge whether the products belong to patented products depends on whether all the technical features of the products fall into all the technical features stipulated in the patent product claims. Therefore, it is very important to explain the technical features stated in the claims, but the interpretation of the claims is likely to involve chemical and physical knowledge. Therefore, intellectual property litigation is very professional. Second, there are both civil litigation and administrative litigation. Intellectual property litigation involves not only civil litigation, but also administrative litigation. Because for general intellectual property infringement, of course, it is solved through civil litigation, but in addition, it often involves administrative litigation. For example, if someone applies to the Trademark Review and Adjudication Board to declare a trademark invalid, after the Trademark Review and Adjudication Board makes a ruling, the party who refuses to accept the ruling may bring an administrative lawsuit to the court. Therefore, intellectual property litigation also includes administrative litigation and other fields. Third, the specific infringement losses are difficult to calculate. Fourth, it is relatively difficult to obtain evidence.

legal ground

In the third paragraph of Article 44 of the Trademark Law of People's Republic of China (PRC), if a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party.