1, public relief. Public relief, also known as state protection, means that the obligee requests the state to protect his rights through legal procedures. Public relief is mediated by civil liability. When civil rights are infringed, the realization of the original normal relationship of civil rights and obligations is hindered and interfered, resulting in the legal relationship of civil liability. When the obligee brings a civil lawsuit to the people's court, the people's court will exercise public power to force the responsible person to assume secondary obligations, so as to remedy the normal civil legal relationship. In addition to ten forms of liability, such as stopping the infringement, returning the property, compensating the losses and apologizing, administrative and criminal protection measures can also be taken, such as admonition, confiscation of property or illegal income, fines, detention and sentencing. 2. Private relief. The so-called private relief, also known as self-protection, means that when the rights are infringed, the obligee can take self-protection measures to remedy the infringed rights within the scope prescribed by law. In modern society, the principle of tort is public relief, but in some cases, the rights of civil subjects are violated and the situation is urgent. If the infringement is not stopped or avoided in time, it will not only make the rights of the obligee impossible to realize, but also expand the situation and affect the social order. Therefore, the civil laws of all countries stipulate that civil subjects can provide private relief within certain limits, including self-defense and self-help behavior. (1) Self-defense. Self-defense behavior refers to the self-defense or evasive measures taken by civil subjects to protect their own or others' rights from illegal infringement, including self-defense and emergency avoidance. Self-defense refers to the necessary defensive behavior taken against the infringer in order to protect the property or personal rights of oneself or others from the ongoing illegal infringement. The constitutive requirements of justifiable defense are as follows: ① It must be carried out against unlawful infringement, but not against lawful acts. ② Illegal infringement must be in progress. The illegal infringement that is being carried out refers to the illegal infringement that has started or is being carried out but has not yet ended. If this behavior is pure fiction or speculation, or has been terminated, then there is no defense problem for the parties. (3) it must be to resist illegal infringers. (4) It shall not exceed the necessary limit, causing undue damage, and excessive defense shall bear corresponding responsibilities. Second, what are civil rights (1), property rights and personal rights? According to whether civil rights are based on property interests, civil rights can be divided into property rights and personal rights. Property right refers to a civil right that takes property interests as its content and directly reflects property interests. Property rights can be valued by money and are generally transferable. When it is infringed, it needs to be remedied in the form of property. Property rights include both property rights, creditor's rights and inheritance rights, as well as property rights in intellectual property rights. (2) Right of domination, right of claim, right of defense and right of formation According to the function of rights, civil rights can be divided into right of domination, right of claim, right of defense and right of formation. Domination refers to the right that the subject can directly control the object of rights and enjoy its benefits. Property rights, personal rights and intellectual property rights all belong to dominance. The main characteristics of dominance are: first, the obligee can directly control the object of rights to meet its interests, such as the owner of the house can directly occupy and use the house; The second is exclusiveness, and the obligee can prohibit others from interfering with his domination of things.
Legal objectivity:
The following acts in Article 84 of the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) belong to the act of counterfeiting patents as stipulated in Article 63 of the Patent Law: (1) Marking a patent mark on a product or its packaging that has not been granted a patent right, and continuing to mark the patent mark on the product or its packaging after the patent right is declared invalid or terminated, or marking the patent number of others on the product or its packaging without permission; (2) selling the products mentioned in item (1); (3) calling a technology or design that has not been granted a patent right a patented technology or design, calling a patent application a patent, or using another person's patent number without permission, so that the public will mistake the technology or design involved for a patented technology or design; (4) Forging or altering patent certificates, patent documents or patent application documents; (five) other acts of confusing people and mistaking a technology or design that has not been granted a patent right for a patented technology or design.