1. Is appearance patent infringement serious?
1. Infringement of appearance patent Punishment methods: Generally, the patent management department will impose administrative penalties such as ordering the perpetrator to immediately stop the infringement, destroying the tools of the crime, and administrative fines. However, if his behavior constitutes a crime, the court that hears the case will impose a corresponding penalty based on the specific circumstances.
2. Legal basis: Article 65 of the "Patent Law of the People's Republic of China". Implementing the patent without the permission of the patentee will infringe the patent. If a dispute arises over the rights, the parties shall resolve it through negotiation; if they 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's Court 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 sue or stop the infringement upon expiration of the time limit, the patent management 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.
2. What are the legal liabilities for patent infringement
According to relevant laws, the legal liabilities that patent infringers should bear include civil liability, administrative liability and criminal liability.
1. Administrative Responsibility
For patent infringement, the department managing patent work has the right to Order the infringer to stop the infringement, order corrections, impose fines, etc., and the patent management department shall, at the request of the party,If you request, you can also mediate on the amount of compensation for patent infringement.
2. Civil Liability
1. Stop infringement means that the patent infringer shall According to the decision of the patent management department or the judgment of the people's court, the ongoing patent infringement behavior shall be stopped immediately.
2. Compensate for losses.
The amount of compensation for patent infringement shall be determined based on the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer; the losses suffered by the infringed party Or if the benefits obtained by the infringer are difficult to determine, they can be reasonably determined by referring to a multiple of the patent license fee.
3. Eliminate the impact.
When an infringer carries out infringement and causes damage to the goodwill of a patented product in the market, the infringer should adopt appropriate methods to bear the responsibility for eliminating the impact. Legal responsibility, admit one's own infringement behavior, in order to eliminate the adverse effects on patented products.
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