Is a patent certificate the basis for determining design infringement?

A Patent certificate is a legal certification document issued by the Patent Office to the patent applicant after the patent application has been reviewed and passed. The patent certificate records the name of the invention, the name of the applicant for the invention, the start date of the patent right, application number and patent number, etc. Is a patent certificate the basis for determining design infringement? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

Is the patent certificate the basis for determining design infringement

Patent certificate is the basis for determining design infringement .

Article 60 of the Patent Law: Implementing the patent without the permission of the patentee will infringe the patent right and cause disputes, which shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, , the patentee or interested party may file a lawsuit in the People's Court, or request the patent administration department to handle the matter. 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 administration 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.

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