Is patent infringement a crime?

Patent infringement must be for products for which patent rights have been granted. Patent infringement is a serious infringement of the legitimate rights and interests of the patentee, and the infringer shall bear corresponding responsibilities according to law. So what are the responsibilities for patent infringement stipulated in the law? Is patent infringement a crime? Today, the editor of Legal Savior Network has compiled relevant legal knowledge for you "Is patent infringement a crime?" I hope it will be helpful to you help.

Is patent infringement a crime

If the patent infringement is serious, it constitutes a crime.

"Criminal Law" Article 216 [Crime of Counterfeiting Patent] Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.

What are the responsibilities for patent infringement

Patent infringement is common, and patent infringement is through counterfeiting If the patent owner's legally owned patent is infringed upon through unauthorized sales or other methods, what legal responsibilities should the patent infringement bear? According to relevant laws, the legal responsibilities that patent infringers should bear include civil liability, administrative liability and criminal liability. .

(1) Administrative responsibilities

For patent infringement, the department managing patent work has the right to Order the infringer to stop the infringement, order corrections, impose fines, etc. The patent management department may also mediate the amount of compensation for patent infringement at the request of the party concerned.

(2) Civil liability

(1) Stop infringement means that the patent infringer shall comply with the management The ongoing patent infringement shall be stopped immediately upon the decision of the patent affairs department or the judgment of the People's Court.

(2) Compensation 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; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, reference may be made to the patent license fee The multiple is reasonably determined.

(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 legal responsibility for eliminating the impact and admit his or her infringement in order to eliminate the damage caused to the patented product. adverse effects.

(3) Criminal liability

In accordance with the provisions of the Patent Law and Criminal Law, if the circumstances are serious and the person counterfeiting someone else's patent shall be held criminally responsible, the person directly responsible shall be held criminally responsible.

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