Is packaging with appearance patents registered abroad infringing upon domestic registration?
In fact, registered patents are domestic The difference with foreign countries is that if you bring the packaging with a design patent that has been registered abroad and apply for registration in your own country, this situation does not constitute infringement. According to legal terms, the validity of foreign patents will not extend to China unless there is also a patent right in China. Moreover, products for this packaging can be sold domestically.
However, it should be noted that this packaging design The patent must be confirmed to have not been registered in China. If it is also registered in China, then if you use it without the other party's permission, it will be deemed as patent infringement.
If it is determined to be patent infringement, you may need to compensate. The law clearly stipulates the calculation method of damages:
1. Actual losses suffered by the patent owner due to infringement;
2. The benefits obtained by the infringer due to the infringement;
3. If the losses and benefits are uncertain, a reasonable multiple of the patent license fee will be used , generally the amount of compensation is reasonably determined with reference to 1 to 3 times the patent license fee;4. If the losses of the infringed party or the benefits obtained by the infringer cannot be determined, and there is no patent license fee to refer to or the patent license fee is obviously unreasonable, statutory compensation will be used gold.
However, there are circumstances where liability for compensation is not required . That is, if the so-called infringer uses or sells for production and business purposes a patented product that was not known to have been manufactured and sold without the permission of the patentee, or a product directly obtained according to the patented method, and the legal source of the product can be proven, this is the case. No liability for compensation.
Therefore, if in reality you are not sure about the other party at all Whether there is a patent in China and it is used without authorization, and there is an exemption from liability as mentioned above, the other party may still sue. In this case, the best suggestion is to find a professional lawyer to represent you in the lawsuit in time.
I hope that through the above content you can learn about foreign registration Have a more in-depth understanding of the issues related to domestic squatting of packaging with appearance patents. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
