Patent infringement, how to regulate the law
If the infringement is determined to be established, the infringer may be ordered to immediately stop the infringement.
"Patent Law"
Article 60 Without the permission of the patentee, the implementation If its patent, that is, infringement of its patent rights, causes a dispute, it shall be resolved by the parties through negotiation; if they are unwilling to negotiate or the negotiation cannot be reached, the patentee or interested party may file a lawsuit in the People's Court, or request the patent management department to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may file a lawsuit with the people in accordance with the Administrative Litigation Law of the People's Republic of China within fifteen days from the date of receipt of the handling notice. If the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the patent administrative department may apply to the People's Court for compulsory enforcement. At the request of the parties, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Article 61 Patent infringement disputes involve new If there is an invention patent for a 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 document 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.
The above content is governed by the lawThe editor of Savior.com compiled it and I hope it can help everyone.
