1. How to punish patent technology infringement
1. Patent technology infringement , punished according to the following circumstances:
(1) If the patent rights of others are infringed and the legitimate rights and interests of others are harmed, the infringer shall bear the liability for civil compensation. Under certain conditions Under the circumstances, punitive damages shall be borne;
(2) If the infringement of the patent rights of others does not constitute a crime, the patent management department shall impose administrative penalties, such as fines, confiscation of illegal Income, etc.;
(3) If the infringement of another person's patent is serious enough to constitute a crime, criminal punishment will be imposed.
2. Legal basis:
"Criminal Law of the People's Republic of China" 210 Article 6
Article 68 of the Patent Law of the People's Republic of China
2. How to calculate the amount of compensation for patent infringement
To calculate the amount of compensation for patent infringement, the Supreme People's Court has issued a judicial interpretation and stipulated three calculation methods:
(1) According to the patentee The actual economic losses suffered due to infringement shall be regarded as the amount of loss compensation.
(2) All profits obtained by the infringer due to the infringement shall be used as the amount of loss compensation. The arithmetic formula can be expressed as: the profit obtained by each infringing product (total sales of infringing products = infringing profit.
(3) Use at a price not less than the patent license a reasonable amount of the fee as lossAmount of compensation. In addition, due to the influence of the statutory compensation systems in some countries, Chinese courts adopt a fixed compensation method for some intellectual property cases where the amount of compensation is difficult to calculate. The range of fixed compensation is generally controlled between 5,000 yuan and 300,000 yuan. The specific amount is determined by the people's court based on factors such as the economic value of the infringed patent, the duration of the infringement, and the degree of impact on the patentee due to the infringement. .
According to the provisions of the Patent Law, if someone infringes on the technical patent of others, the infringer must first bear civil liability for compensation. If the infringement does not constitute a crime, If administrative penalties are imposed and a crime is constituted, criminal liability will be pursued. 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.
