How to judge whether it constitutes counterfeiting someone else’s patent
The behavior of counterfeiting other people's patents includes the following types:
(1), in its manufacturing or Marking other people’s patent numbers on the products and product packages being sold;
(2) Using other people’s patent numbers in advertisements or other promotional materials, causing others to Mistaking the designed technology as someone else’s patented technology;
(3) Using someone else’s patent number in the contract, causing others to misinterpret the technology designed in the contract Mistaking it for someone else’s patented technology;
(4) Forging or altering someone else’s patent certificate, patent document or patent application document .
The act of passing off someone else’s patent should meet the following conditions:
(1), there must be counterfeiting;
(2), the person being counterfeited must have been someone else Obtained and actually existing patents;
(3) The act of counterfeiting other people's patents should be intentional.
Patent Law
Article 63Counterfeiting patents,except in accordance with the law In addition to civil liability,the department managing patent work shall order corrections and make an announcement, Confiscate illegal gains,may also be imposed a fine of not more than four times the illegal income; No illegal gains, A fine of not more than two hundred thousand yuan may be imposed; Those who constitute a crime shall be investigated for criminal responsibility in accordance with the law.
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