How should the crime of patent infringement be determined
1. Object requirements
The object of infringement of this crime is the patent ownership of others and the country’s patent management system.
2. Objective requirements
(1) The act of counterfeiting the patent of others.
(2) The act of counterfeiting a patent must occur within the patent term.
(3) The seriousness of the circumstances is a necessary element for this crime. Serious circumstances refer to cases in which the counterfeiting of others’ patents is done in a bad way, with a large amount of illegal profit, causing significant damage to the patentee or the country, and causing adverse effects internationally and domestically, etc.
3. Subject requirements
The subject of this crime is a general subject, such as an enterprise or an institution. and individuals can be constituted.
4. Subjective aspect
The subjective aspect of this crime is intentionality, generally with illegal acquisition The purpose is for economic gain, but sometimes it is for the purpose of harming the reputation of others and destroying the patent rights and interests of others.
What are the criteria for identifying the crime of patent counterfeiting
The most important thing for determining the crime of patent counterfeiting is to confirm the criteria for identifying patent counterfeiting behavior. Specifically:
1. According to Article 84 of the "Implementing Rules of the Patent Law of the People's Republic of China", the following acts are acts of counterfeiting other people's patents:
( 1) Marking other people’s patent numbers on the products and packages of products manufactured or sold without permission.
(2) Without permission, marking other people’s patent numbers in advertisements Or use other people’s patent numbers in other promotional materials, causing people to mistake the technology involved for other people’s patented technology.
(3) Without permission, Using someone else’s patent number in a contract may cause others to mistake the technology involved in the contract as someone else’s patented technology.
(4) Forging or altering someone else’s patent number Patent certificate, patent document or patent application document.
2. According to Article 62 of the Patent Law, the following acts are not regarded as infringement of patent rights:
(1) After selling a patented product manufactured by the patentee or with the permission of the patentee, the product is used or sold;
(2) Use or sell patented products that are not known to be manufactured and sold without the permission of the patentee;(3) The same product has been manufactured, the same method has been used, or the necessary preparations for manufacturing and use have been made before the patent application date, and the manufacturing and use will only continue within the original scope;
(4) Foreign means of transport that temporarily pass through China's territory, territorial waters, and airspace shall, in accordance with the agreements signed between the country to which they belong and China or international treaties to which they both participate, or in accordance with the principle of reciprocity, for transportation purposes. Tools that use relevant patents in their devices and equipment for their own needs;
(5) Use relevant patents exclusively for scientific research and experiments. No infringement has been committed The act of patent infringement does not constitute the crime of patent counterfeiting.
The above is an introduction to the most important content of determining patent infringement. For those who are not clear, it is necessary Understand it in detail. In practice, when your legal patent rights are illegally infringed by others, you need to use legal weapons to protect your legal rights. If you have other questions and want to consult a lawyer, you are welcome to consult the legal savior Internet professional lawyer.