1. Is it an infringement of patent rights to implement the rights without the permission of the patentee?
1. Infringement of patent rights. Exploiting the patent without the permission of the patentee will infringe the patent rights and cause disputes, which shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested parties may sue the People's Court or request Handled by the department that manages patent work.
2. Legal basis: "Patent Law of the People's Republic of China"
Sixty-fifth Article 13 If the patentee is exploited without the permission of the patentee, the patent rights are infringed upon and any dispute arises, it shall be settled by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court, or Request the patent management department to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
2. What are not patent infringements
According to Chinese laws, the following four behaviors are not considered infringement of patent rights:
1 . Principle of exhaustion of patent rights---after the patented products manufactured or imported by the patentee or manufactured or imported with the permission of the patentee or the products directly obtained according to the patented method are sold, the useUse, promise to sell or sell the product;
2. First-to-use principle--the same product has been manufactured, the same method has been used or has been used before the patent application date. Make necessary preparations for manufacture and use, and continue to manufacture and use only within the original scope;
3. Temporary transit principle---temporarily pass through Chinese territory Foreign transport vehicles in the territorial waters and airspace use relevant patents in their devices and equipment for the transport vehicle's own needs in accordance with the agreement signed by the country to which it belongs and China or international treaties to which both countries are party, or in accordance with the principle of reciprocity;
4. Principles of scientific research and experimentation---use relevant patents exclusively for scientific research and experiments;
5. Principle of bona fide third parties---for the purpose of production and business, the use or sale of patented products that are not known to be manufactured and sold without the permission of the patentee or products directly obtained according to patented methods can be proved. If the product comes from legal sources, we will not be liable for compensation.
According to the provisions of the Patent Law, if the patentee is exploited without the permission of the patentee, the patentee will infringe upon the patentee and any disputes arising therefrom shall be resolved through negotiation between the parties. If they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
