Infringement lawsuit

Acting for patent ownership disputes, patent infringement, trademark infringement, trade secret infringement, unfair competition, copyright infringement, anti-dumping and other types of intellectual property litigation, arbitration and mediation cases; acting for intellectual property infringement monitoring, infringement investigation and evidence collection, and acting for administrative investigation and prosecution applications, and acting for infringement claims. 

        (1) Trademark infringement

Trademark administrative litigation refers to citizens, legal persons or unincorporated other organizations who are dealt with by the specific administrative acts of the administrative departments for industry and commerce in the course of trademark management and are not satisfied with the treatment in accordance with the relevant provisions of the Trademark Law and the Administrative Litigation Law to sue in the People's Court. The general term for the acceptance, trial, adjudication and execution activities of trademark administrative cases by the people's courts with the participation of both parties and other litigation participants is a legal activity to resolve trademark administrative disputes by judicial organs. 

(2) Patent infringement 

Patent litigation refers to the general term for all kinds of litigation involving patent rights and related rights and interests, which is heard by the people's court and attended by the parties and other litigation participants. Patent litigation in a narrow sense refers to litigation involving the patent right and interests in dispute after the patent right has been granted; patent litigation in a broad sense may also include litigation involving the ownership of the patent application right at the patent application stage, litigation arising from the licensing of the patented technology, litigation arising from disputes over the eligibility of inventors or designers, litigation involving the patent application at the approval stage and litigation involving the rights and interests of the patent applicant and related right holders before the patent right is granted. In practice, patent litigation is generally understood in a broad sense. 

(3) Copyright infringement 

Copyright infringement is mainly an infringement of the copyright owner's property rights, such as exploiting the copyright owner's work or disseminating the work in the form of distribution, reproduction, rental, exhibition, broadcast, performance, etc., without the copyright owner's consent, or using the work without paying royalties, etc. Copyright (i.e. copyright) infringement is a general civil case, and the laws and judicial interpretations relating to civil evidence should also be applied to the investigation and collection of evidence for copyright infringement. 

Composition of copyright infringement 

Direct infringement 

The copyright owner enjoys exclusive rights and each right controls a specific act, e.g. the right of reproduction controls the act of reproduction, and another person commits an act controlled by the copyright when the conditions of fair use and statutory license are not met, which constitutes copyright infringement. At this point, it is direct infringement. The constituent elements are: 

①  Without the consent or permission of the copyright owner.

②  Implementing the act of being controlled by exclusive rights. For example, the copying right controlled by copying right; the issuing right controlled by issuing behavior, etc.

③  There are no conditions for fair use and statutory licensing.

④  Not to use the existence of subjective fault as the condition for determining infringement. The existence of the subjective fault of the perpetrator only affects the amount of damages or remedies, not the elements of direct infringement. If the perpetrator has no subjective fault, he/she is not liable for damages.

Indirect infringement 

When the actor does not directly commit the act of copyright control, but his act has a specific relationship with the direct infringement, such as the act of providing assistance to others in infringement, and there is subjective intent, then it is called indirect infringement. China's Copyright Law does not explicitly provide for this, but the composition of infringement liability under the Tort Liability Law can be used. If a person abets or induces another person to commit an infringement, or if he or she knows that another person has committed an infringement and provides assistance to him or her, and ultimately has a causal relationship with the result of the damage, the perpetrator shall be liable for the damage. It should be noted that indirect infringement must be constituted by the existence of subjective fault.