1. How to identify counterfeit patents
1. If the following behaviors occur, It can be considered as counterfeiting someone else’s patent:
(1) Marking a patent logo on a product or its packaging that has not been granted a patent right, after the patent right is declared invalid Or continue to mark patent logos on products or their packaging after termination, or mark other people’s patent numbers on products or product packaging without permission.
(2) Sell the products described in item (1).
(3) In product manuals and other materials, technologies or designs that have not been granted patent rights are called patented technologies or patented designs, and patent applications are called patents. , or use someone else's patent number without permission, causing the public to mistake the technology or design involved as a patented technology or design.
(4) Forging or altering patent certificates, patent documents or patent application documents.
(5) Other behaviors that confuse the public and mistake unpatented technology or design for patented technology or patented design.
2. Legal basis: Article 84 of the "Implementing Rules for the Patent Law of the People's Republic of China"
2. How to punish counterfeit patents
（ 1) According to legal provisions, if the patent rights of others are infringed, the legal liability that the infringer will bear includes civil liability, administrative liability and criminal liability.
1. Administrative responsibilities. For patent infringement, the patent management department has the right to order the infringer to stop the infringement and order corrections., fines, etc., the patent management department may also mediate the amount of compensation for patent infringement at the request of the parties.
2. Civil liability. This responsibility is mainly to stop infringement, compensate for losses, and eliminate the impact.
3. Criminal liability. In accordance with the provisions of the Patent Law and Criminal Law, if the circumstances are serious and the person counterfeiting someone else's patent will be held criminally responsible, the person directly responsible will also be held criminally responsible.
(2) In general, if someone is found to be counterfeiting the patent rights of others, he will be subject to the following penalties:
1. If the company provides production and operation facilities for infringement of other people's patent rights, the relevant departments will first order corrections.
2. Knowing clearly that someone else has counterfeited someone else’s patent and providing the other party with convenient conditions for production and operation, such as providing machinery and equipment to produce patented products, this is If so, they will be ordered to make corrections and announced, and their illegal gains will be confiscated.
In addition, if there are illegal gains after the infringement, plus the previous penalties, you will also be fined up to three times of the illegal gains. Those who have no illegal income may also be fined up to 50,000 yuan.
3. I am aware that others are passing off non-patented products as patented products or using non-patented methods to pass off patented methods, but I still provide them with production and operation conveniences. , they will first be ordered to correct the announced punishment, and may be fined not more than 50,000 yuan.
According to the provisions of the "Patent Law Implementing Rules", the parties involved include: marking patent logos on products that have not been granted patent rights or their packaging; product instructions, etc. Any behavior in which materials refer to technologies or designs that have not been granted patent rights as patented technologies or patented designs can be considered as counterfeit patents. 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.
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