Patent infringement
refers to the act of implementing a patent without the permission of the patentee. Patent infringement behavior can be divided into:
1) Counterfeiting other people's patents;
2) Using something other than the patent There are two types: patented products passing off as patented products, and non-patented methods passing off as patented methods.
Those who infringe patent rights shall be liable to cease infringement, confiscate illegal gains, compensate the patentee for losses, and be fined. If the circumstances are serious enough to constitute a crime, criminal liability shall be pursued in accordance with the law.
According to the Supreme People's Court's Several Provisions on Applicable Legal Issues in the Trial of Patent Dispute Cases
Article 20 Article 5 When the people's court pursues the infringer's liability for compensation in accordance with the provisions of Article 57, Paragraph 1 of the Patent Law, it may, at the request of the right holder, calculate the losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement. Determine the amount of compensation.
The loss suffered by the patentee due to infringement can be calculated based on the total reduction in sales of the patentee’s patented products due to infringement multiplied by the reasonable cost of each patented product. Calculate the product of profit. If it is difficult to determine the total reduction in sales volume of the right holder, the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the right holder due to the infringement.
The benefits obtained by the infringer due to infringement can be calculated based on the product of the total number of infringing products sold on the market multiplied by the reasonable profit of each infringing product. The benefits obtained by an infringer due to infringement are generally calculated based on the infringer's business profits. For infringers who are solely engaged in infringement, they can be calculated based on sales profits.
Article 21 If it is difficult to determine the losses of the infringed party or the benefits obtained by the infringer, and there is a patent license fee that can be used as a reference, the people's court may based on the patent right categories, infringersThe nature and circumstances of the infringement, the amount of the patent license fee, the nature, scope, time and other factors of the patent license, the amount of compensation should be reasonably determined with reference to 1 to 3 times the patent license fee; if there is no patent license fee, the amount of compensation can be determined by reference to or the patent If the license fee is obviously unreasonable, the people's court may determine the amount of compensation based on factors such as the type of patent right, the nature and circumstances of the infringement by the infringer, and generally range from RMB 5,000 to RMB 300,000, with a maximum limit of RMB 500,000.
Infringement of other people’s patents, the specific compensation standards are clearly shown in the above information. If you are the victim of a violation, you must actively defend your rights and demand compensation. If you are the offender, you will be compensated in accordance with relevant regulations. If your problem is more complex, our Legal Savior website also provides online lawyer consultation services. You are welcome to come for legal consultation.
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