Civil measures are applied to settle acts of infringement of intellectual property rights at the request of intellectual property rights holders or organizations and individuals that suffer damages. Whether it has been or is being handled by administrative or criminal measures, civil measures are still applied.
HANDLING OF ACTS OF INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS BY CIVIL MEASURES
1. Self-negotiation: Often unsuccessful.
2. Initiating a lawsuit to the People's Court: It is the main measure, applied to settle disputes over intellectual property rights.
Given the specific nature of intellectual property rights, it is extremely important to properly apply the Intellectual Property Law and the Civil Procedure Code. The current law has clearly stipulated the disputes of each intellectual property right object, the jurisdiction of the Court, the conditions for initiating a lawsuit and the right and obligation of proof of the parties.
1. Compulsory Termination of Infringement: The court may order the infringer to immediately cease the infringement, including stopping the copying of the work or the unauthorized use of the trademark.
2. Forcible public apology and correction: The court shall decide to compel the infringer to make a public apology or correction in order to restore the honor and prestige of the infringing intellectual property right holder.
3. Compulsory Performance of Civil Obligations: Applicable to persons who violate obligations to intellectual property right holders, including the proper performance of obligations agreed upon or in contracts.
4. Compulsory compensation for damages: The violator must pay compensation for material and moral damage to the intellectual property right holder.
5. Forcible destruction, forcible distribution or use: For infringing goods, the court may issue a decision to compel the destruction, distribution or use for non-commercial purposes, without affecting the right to exploitation of intellectual property right holders.
6. Application of provisional emergency measures: When there is a risk of irreparable damage, the court may apply temporary emergency measures such as seizure, distraint, sealing, prohibition of transfer of ownership, in order to protect intellectual property rights.
In order to apply it properly, it is necessary to comply with the provisions of the Intellectual Property Law and the Civil Procedure Code. Courts must consider each case in detail to make legal decisions, protect the interests of stakeholders and society, but must comply with legal ethics.
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