The Position Of The Intellectual Property Litigation

The patent and trademark infringement litigation, which Huawei and ZTE filed in theEuropean, has attracted extensive attention from the legal profession from the outset.However, in the theory and practice, most scholars confined to analyze the legal issuesinvolved in the case(The concerned patent and trademark that ZTE used are whether violationof the rights of Huawei or not). There are few people analyze the real aim of intellectualproperty litigationton behind this phenomenon.This paper based on the perspective of Huaweiv. ZTE,,and other trademark, patent dispute cases which recently occurred at home andabroad, using the methods of empirical analysis and economic analysis, attempt to allow ourcountry’s companies understand the intellecyual property litigation has exceeded the limit ofright remedy, being a powerful weapon for enterprises to participate in market competition.This paper is divided into four parts except quotation. The first part is the goal ofintellectual property litigation. Firstly compared to the common purpose of the civil lawsuit,and combined with the characteristics of intellectual property rights and the characteristics ofthe intellectual property litigation, it is concluded that the integral goal of intellectual propertylitigation no longer restricted in infringement of the rights, has become a profit tool holder.And then combined with the special and typical cases which have happened in our daily life,try to analyze the seven kinds of common concrete goal which enterprise hope to achieve incommercial competition. Whether to pure commercial goals for the standard, divided intopurely commercial goals and the pure commercial goals.The second part is is the risk of intellectual property litigation. The most importantproblem we discussed in this part, is the risk of the intellectual property litigation as themarket competitive tool. This risk may come from the case itself, according to the plaintiff’spatent litigation, the defendant usually claim that the patent is invalid, and the parties inlitigation in order to prove the case facts they have to provide evidence which includecommercial secret evidence that will casually reveal enterprise business secrets. Another typeof risk comes from the outside of the legal case, the common phenomenon is the enterprisefiled a lawsuit is to repair right, but because of the intellectual property litigation cycle islong, so it may delay products enter the market, the enterprise cannot get the benefit in fact.The third part is intellectual property litigation strategy. The part is explained from the perspective of the plaintiff and the defendant in the litigation of intellectual property shouldtake what kind of strategies to reduce the possible risks and maximize the realization of thelitigation target. The problem that the plaintiff should consider before a lawsuit basicallyinclude: the object of prosecution, the timing of the charges, which court and the reason toprosecute and etc. The defendant must take the positive or compromise choice according tothe specific situation. Both the plaintiff and the defendant, in choosing concretestrategies,must combine with its own position, in order to achieve maximum profit as thetarget.The fourth part is the intellectual property rights lawsuit to our conntry’s enlightenment.At this part it points out the weakness of our company:the property right idea is light, beinsufficient in independent development ability and the experience of the lawsuit. Even alsosome enterprises have not to realize the lawsuit of intellectual property rights already arebecoming the tools of market competition. Regarding the present situation, our enterprisesmust transform the idea, strengthen in the research of the techknowledge and establish theprofession association to deal with the lawsuit from the developed country Multinationalcorporations. At the same time, compared to the developed country Government’s fuction inthe market like the US and the South Korea, suggesting our country govement take themeasures like the policy guidance, the financial support, politics to protect our conntryenterprise in the market competition.