Is it a crime to commission the production of goods that infringe patent rights?

In our daily life, we see many "copycat products" that are directly imitated by patented products. Some people take a fancy to the business opportunities of a certain patented product, so they entrust other companies to produce it and then sell it on the market. So, does entrusting the production of patent-infringing products constitute a crime? Take a look at the Legal Savior website’s introduction to this.

1. Is it a crime to entrust the production of goods that infringe Patent rights?

Is there any law? responsibility.

An entrustment contract refers to a contract in which the trustee handles the entrusted affairs for the principal, the principal pays the agreed remuneration or does not pay the remuneration, and the trustee of the entrustment contract handles the entrusted affairs. The consequences shall be borne directly by the principal. The trustee's behavior shall be deemed as the principal's behavior. The legal consequences arising from the trustee's behavior shall be borne by the principal.

In a patent infringement case, as long as the relationship between the above-mentioned entrustment and acceptance of the entrustment can be proven, the trustee's production of the allegedly infringing product in accordance with the principal's requirements shall be regarded as an entrustment The person is the manufacturer of the allegedly infringing product. Therefore, legal liability arising from infringements related to manufacturing should be borne by the principal.

Article 11 of the Patent Law

Invention and utility model patent rights are granted Subsequently, except as otherwise provided in this Law, no unit or individual may exploit its patent without the permission of the patentee, that is, it may not manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use Its patented method specifically authorizes the use, sale, sale and import of products directly obtained according to the patented method.

After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, it shall not manufacture for the purpose of production and business operations. , promises to sell, sell and import its patented design products.

2. Components of patent infringement

The elements that constitute patent infringement include two aspects: formal conditions and substantive conditions.

1. Formal requirementsThe main ones are:

1) The implementation involves a valid Chinese patent;

2) The implementation must be without the permission or authorization of the patentee;

3) The implementation must be for the purpose of production and business. Whether the perpetrator has subjective intention is not a formal requirement. However, it can be used as a basis to measure the severity of the circumstances.

2. Whether the essential elements constituting patent infringement, namely technical conditions and substantive implementation activities, fall within the scope of patent protection.

1) If the technical features involved by the perpetrator are all the same as those of the patent, it constitutes infringement;

2) The technical features involved by the perpetrator are more than the technical features of the patent, which also constitutes infringement;

3) The technology involved by the perpetrator The features may be the same or different from the technical features of the patent. However, if the different technical features are equivalent to the technical features of the patent, they still constitute infringement; otherwise, they do not constitute infringement. The equivalence of technical features here means that ordinary technicians in the technical field can infer that the effect produced by replacing two technical features with each other is the same.

Is it a crime to entrust the production of goods that infringe patent rights? Once the act of entrusting the production and sale of goods that infringe patent rights is discovered by the patent owner and is held legally responsible, There are also more legal responsibilities to bear. There are many lawyers on the Legal Savior website who know how to pursue the liability for goods that are entrusted to produce products that infringe patent rights. If you are not sure whether the property is jointly owned by husband and wife, you can consult a lawyer directly.