1. How to judge infringement of design patent rights
1. Using the patentee's design patent without the patentee's permission, or using patterns similar to the patentee's design patent, is an infringement of the patentee's design patent rights.
2. Legal basis:
According to Article 60 of the Patent Law of the People's Republic of China Article 6 stipulates that if a patent infringement dispute involves an invention patent for a new product manufacturing method, the unit or individual manufacturing the same product shall provide proof that its product manufacturing method is different from the patented method.
If a patent infringement dispute involves a utility model patent or a design patent, the people's court or the department managing patent affairs may require the patentee or interested party to issue a certificate issued by the State Council. The patent right evaluation report produced by the patent administration department after retrieval, analysis and evaluation of relevant utility models or designs shall be used as evidence in the trial and handling of patent infringement disputes.
2. How to compensate for infringement of patent rights
1. The amount of compensation for infringement of patent rights shall be based on the rights holder’s compensation for the infringement. The actual loss suffered shall be determined; if the actual loss is difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement. If it is difficult to determine the loss of the right holder, the benefits obtained by the infringer and the patent license fee, the people's court may determine the amount of RMB 10,000 to RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement, etc. compensation.
2. If the amount of compensation for patent infringement is to be determined, it should first be determined based on the losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement. The losses suffered refer to the amount of reduction in the sales volume of the patented products or products manufactured according to the patented method due to the infringement, thereby reducing the revenue of the copyright holder; the benefits obtained by the infringer due to the infringement refer to The benefits obtained by the infringer from the implementation of the patent (including manufacturing, using, selling, and importing the patented product, using its patented method, and using, selling, and importing products directly obtained according to the patented method).
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