Intellectual property disputes
The principles for handling intellectual property disputes refer to the basic codes of conduct that must be observed throughout the resolution of intellectual property disputes. It is the basic principle and basic rule for resolving intellectual property disputes. It has fundamental binding force on the parties to the dispute and has a guiding role in resolving disputes. It helps to deeply understand the spiritual essence of various resolution methods and procedures in the process of resolving disputes, resolve various disputes fairly and timely, and ensure that the results of dispute resolution can be effectively implemented. [3]
1. The principle of taking facts as the basis and law as the criterion
The resolution of intellectual property disputes must be based on facts and the law as the criterion. This is both the starting point and the destination of the entire activity of resolving disputes. This principle fully embodies the ideological line of seeking truth from facts and the requirements of the socialist legal system. It is the most basic and core principle for resolving intellectual property disputes.
To be based on facts means to seek truth from facts, proceed from reality in everything, identify facts comprehensively and objectively, and be loyal to the truth of the facts. This is also a prerequisite for correct application of the law based on the law. To be based on facts, it is necessary to conduct in-depth investigation and research, comprehensively and objectively collect evidence, fully listen to the statements of all parties, the testimonies of witnesses, and the appraisal opinions of appraisers, to prevent subjective one-sidedness and partial belief. The collected evidence must be carefully analyzed and studied, discarding the rough and retaining the essence, discarding the false and retaining the true, and effectively clarify the time, place, cause, consequences and causal relationship of the dispute, so that the facts of the dispute can be "reproduced" on the basis of evidence, so as to find out the inner connection and true face of the dispute.
Taking the law as the criterion means accurately applying the law on the basis of ascertaining the facts, distinguishing right from wrong, clarifying responsibilities, sanctioning illegal activities, protecting legitimate rights and interests, and ensuring that laws must be followed, law enforcement must be strict, and violations must be investigated. The law as a criterion includes both substantive law and procedural law. It goes without saying that substantive law is used as the basis for resolving disputes. However, regarding procedural law, my country has the misunderstanding of "emphasis on substance and light on procedure." In fact, procedural law is the guarantee for the correct implementation of substantive law. "Without procedural fairness, the fairness of substantive law cannot be achieved." Complying with procedural law is the proper meaning of taking the law as the criterion. Compliance with procedural law not only means that the parties and the tribunal must carry out their activities in accordance with legal steps and processes, but more importantly, it must ensure that the parties can equally exercise their rights under procedural law and that the opinions expressed by the parties can be fully respected. Only in this way can the referee results be fair and convincing.
2. The principle of equality between the parties in the application of the law
The parties are all equal in the application of the law, which is a concrete manifestation of the principle of "all citizens of the People's Republic of my country are equal before the law" established in the Constitution of our country in the resolution of intellectual property disputes. Its basic meaning is that the legitimate legal rights and legitimate interests of any party are equally protected by our country's laws, and any party w


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