The Study On The Pre-determinant Force Of The Decided Facts In China’s Intellectual Property Relief Procedure

the pre-determinant force of the Decided Facts is different from the res judicata.Under the current law,the dispute relief procedure of intellectual property cases has the composite characteristics,which resulting in the formation of administrative and judicial dual-rail relief protection mechanism.The parties may seek administrative protection or seek judicial protection.Under the dual rail protection mechanism.The same intellectual property case may pass through multiple relief procedures,and the same facts in the different relief procedures will be identified and refereed.In the intellectual property relief process,the objective scope of the prescription effect is limited to the fact that the jurisdiction of the court is determined in part,but the facts confirmed in the administrative remedy process of intellectual property do not have any the pre-determinant force in subsequent relief proceedings.In the administrative relief process,in order to respect the administrative authority and to maintain the unity of administrative law enforcement,the facts confirmed by the administrative organ in accordance with the law or the facts confirmed in the ruling shall be subject to the same fact that the subsequent administrative protection procedure shall have certain binding force.The fact that an administrative relief procedure with a quasi-judicial nature confirms the determination of the same facts in subsequent judicial relief proceedings should be binding.The crossings of intellectual property cases are mainly concentrated in the field of infringement disputes,and n the judicial relief process of intellectual property rights,the proving standard of Criminal litigation are higher than civil and administrative litigation,and the proving standard of administrative litigation proves is higher than the civil standard and is lower than the proof of criminal procedure.In general,The fact that the criminal proceedings are in force have the pre-determinant force on the follow-up civil and administrative proceedings,and the fact that the administrative action is in force have the pre-determinant force on the subsequent civil litigation,and the fact that the civil action is in force does not have the pre-determinant force On the follow-up administration,criminal proceedings.With exception,Criminal,administrative litigation on the composition of intellectual property infringement facts does not have the pre-determinant force on the follow-up proceedings.The fact of the tenure and the validity of the right are confirmed by the administrative litigation have the pre-determinant force on the subsequent administrative law enforcement litigation and criminal proceedings.The facts of the infringement and the tenure of the civil litigation have the pre-determinant force on the subsequent administrative law enforcement litigation and criminal proceedingsThe Study on the pre-determinant force of the decided facts in china ’s intellectual property disputes.Whether the decided facts between the different relief proceedings can be mutual cited,it can not be generalized.And it should be determined according to characteristics of different relief procedures and the nature of the de facts and standard of proof and so on.