1. What are the behaviors that do not constitute patent counterfeiting according to the Implementing Rules of the Patent Law
1. The following situations do not fall under the act of counterfeiting patents under the Patent Law:
(1) Marking on products or their packaging that have not been granted patent rights Patent marks, continuing to mark patent marks on products or their packaging after the patent right has been declared invalid or terminated, or marking other people’s patent numbers on products or product packaging without permission;
(2) Selling the products mentioned in item (1);
(3) No patent will be granted in product manuals and other materials Calling a patented technology or design a patented technology or design, calling a patent application a patent, or using someone else's patent number without permission, causing the public to mistake the technology or design involved as a patented technology or design;
(4) Forging or altering patent certificates, patent documents or patent application documents;
( 5) Other behaviors that confuse the public and mistake unpatented technology or design for patented technology or patented design.
2. Legal basis: Article 84 of the "Implementing Rules for the Patent Law of the People's Republic of China"
2. What is the crime of patent counterfeiting
The crime of patent counterfeiting refers to serious behavior that violates national patent laws and regulations and counterfeits patents of others. The crime of patent counterfeiting has the following characteristics:
1. The subject of the crime of patent counterfeiting is a general subject, an enterprise, institutions and individuals can be constituted.
2. The subjective aspect of the crime of patent counterfeiting is intentionality, generally with the purpose of illegally obtaining economic benefits, but sometimes it is for the purpose of damaging other people's reputation and destroying other people's patents. the purpose of interests. The purpose does not affect the establishment of the crime of patent counterfeiting.
3. The objective aspect of the crime of patent counterfeiting is that it violates national patent management regulations and counterfeits patents granted to others within the validity period of patents stipulated by law. Infringement of other people's patent rights, serious conduct.
There are many ways to counterfeit patents, and the specific manifestations include: deceptively registering patents, impersonating other people’s patents; using non-patented products or patents to Mark someone else's proprietary mark or patent number; imitate someone else's patent, misappropriate someone else's patent, exploit someone else's patent without authorization, knowingly traffic in products that imitate or alter someone else's patent, forge or manufacture someone else's patent mark without permission, knowingly sell someone else's forged or unauthorized product Patent marking, importing products counterfeiting other people’s patents, passing off patents, etc. Serious circumstances are essential elements for the crime of patent counterfeiting. Serious circumstances refer to cases in which the counterfeiting of others' patents is done in a bad way, the amount of illegal profits is relatively large, causing significant damage to the patentee or the country, and causing adverse effects internationally and domestically, etc.
4. The object of infringement by the crime of patent counterfeiting is the patent ownership of others. Patents can be divided into three categories: invention patents, utility model patents and design patents. Patent, an intellectual property right, is an intangible property right and is internationally regarded as the most important right in industrial property rights. The state uniformly manages patents and forms a patent system to protect the rights of technological inventions, encourage inventions and creations, and promote the promotion and application of technological inventions. The act of counterfeiting other people's patents not only infringes upon the country's patent system, but also infringes upon the interests of the patentee.
According to the provisions of the "Patent Law Implementing Rules", behaviors that do not constitute patent counterfeiting in the patent law include: on products or their packaging that have not been granted patent rights. Mark the patent logo, and continue to mark the product or its packaging with the patent logo after the patent right is declared invalid or terminated. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
