Review Of Some Problems In The Intellectual Property Lawsuit

The intellectual property lawsuits are almost fit for all types of legal jurisdiction. Because it differs from ordinary civil cases, both the civil procedure law and the judicial interpretation of China have made the special prescription on the jurisdiction of intellectual property lawsuits. Today, there is a typical progress on the jurisdiction, but some problems are yet necessary to be solved. The situation faced by China in jurisdiction is similar to those ever countered in Japan. So the broad collision jurisdiction was introduced in Japan, which not only ensures the opportunity for litigants to enjoy the high quality judicial service equally but also uses the judicial resource effectively. To our country, the relevant experienced can be used for reference.The confirmation on subject matter of action has been common in intellectual property lawsuit, but which is a significant meaning in the procedural law. In the petition for stopping impingement, when the patented invention of plaintiff is a product the confirmation on subject matter of action can be showed as those of the name and type of the defendant. When the patented invention of plaintiff is a creation of method, the confirmation on the methods accused can be showed as those of the name of product made base on the methods accused. In the petition for damages or return the unjust enrichment, the court must determine the time of manufacturing and marketing while confirming the name and type of the defendant product. According to this, the range of object of action is decided. No matter it's the suit of stopping injurious or the damages, citing the appended drawing is necessary in the claim.As the evidence system of intellectual property lawsuits differ from those of ordinary civil lawsuits. Our country doesn't put it into any system alone, which bring in some deformity in evidence. To...