How to compensate if a utility model patent is misappropriated by others
Generally, it is based on actual losses compensation.
If a utility model patent is misappropriated by others, the following measures should be taken promptly:
1. Preserve and fix the other party’s infringement evidence through notarization and other methods.
2. Issue an official letter requesting the other party to stop the infringement and negotiate compensation for losses.
3. Sue in court to request the other party to stop the infringement and compensate for losses.
When filing a lawsuit in court, the lawsuit should be filed with the Intermediate People's Court at the place where the infringement occurred or the defendant's domicile, and a certificate issued by the Patent Administration Department of the State Council should be issued when filing a lawsuit. search report.
"The Supreme People's Court's Application in the Trial of Patent Dispute Cases" Several Provisions on Legal Issues"
Article 2 The first instance of patent disputes shall be decided by the Intermediate People's Court and the Supreme People's Court where the people's governments of each province, autonomous region, and municipality are located The designated intermediate people's court has jurisdiction.
Article 5: Litigation filed due to infringement of patent rights shall be under the jurisdiction of the people's court at the place where the infringement occurred or the defendant's domicile.
The place of infringement includes: the place where the products accused of infringing the invention or utility model patent rights are manufactured, used, offered for sale, sold, imported, etc.; The place where the use of the patented method is carried out, the place where the use, offering for sale, sale, import and other actions of the products directly obtained according to the patented method are carried out; the place where the manufacturing, sale, import and other actions of the design patented products are carried out; the place where the counterfeiting of other people's patents is carried out ofThe place where the act is performed. The place where the infringement results of the above-mentioned infringement occurred.
Article 8 A plaintiff who files a lawsuit for infringement of utility model patent rights shall produce a search report made by the patent administration department of the State Council when filing a lawsuit.
According to the relevant answers to the above content, it can be concluded that Utility model patents are If others have misappropriated it, they should promptly preserve and fix the other party's infringement evidence through notarization and other methods,Send an official letter requesting the other party to stop infringement and negotiate compensation for losses, Sue in court to request the other party to stop infringement and compensate for losses,If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
