1. Will patent plagiarism result in criminal liability
According to my country’s patent law According to the provisions of the Act, if the circumstances of misappropriation of other people's patents are serious, it may constitute a crime, and the parties concerned shall be held criminally responsible for the crime of counterfeiting patents.
"Patent Law of the People's Republic of China"
Article 63: Counterfeiting of patents, In addition to bearing civil liability in accordance with the law, the patent management department shall order corrections and make an announcement, confiscate the illegal gains, and may impose a fine of not more than four times the illegal gains; if there are no illegal gains, may impose a fine of not more than 200,000 yuan; constitute Anyone who commits a crime shall be held criminally responsible in accordance with the law.
"Criminal Law of the People's Republic of China"
Article 216 [Counterfeiting Patents Crime] Counterfeiting the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
2. What patent disputes can the patent management agency handle
According to the provisions of the Patent Law and Implementing Rules, the patent disputes that the patent management agency can handle include:
1. Disputes over patent infringement;
2. Disputes over expenses incurred by others in implementing the invention after the invention patent application is published but before the patent right is granted;
3. Disputes over patent application rights and ownership of patent rights;
4. Regarding rewards for service inventors and remuneration disputes.
Patent management machineIf the parties concerned are dissatisfied with the decisions made on the resolution of the above disputes, they may file a lawsuit with the Intermediate People's Court where the patent management authority is located. When the court has no jurisdiction over the patent case, the party may file a lawsuit with the People's Government of the province, autonomous region or municipality directly under the Central Government where the patent management authority is located. The local Intermediate People's Court shall prosecute. If both parties fail to file a lawsuit with the People's Court within the prescribed time limit, the decision of the patent administration authority will become legally effective. If the patent management authority decides to handle an infringement and the party fails to file a lawsuit upon expiration of the decision and fails to perform the decision, the patent management authority may request the People's Court to enforce the decision.
The above is the content compiled by the editor. According to regulations, misappropriation of other people's patents may constitute a crime if the circumstances are serious. In that case, you will have to bear certain criminal penalties. Those who are responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The specific method shall be determined according to the actual situation. If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.
