1. What are the behaviors that infringe patent rights?
1. The act of implementing a patent without the person's permission is an infringement of patent rights. The specific manifestations of patent infringement are:
(1) Without the permission of the patentee, manufacturing, using, offering to sell, and selling for the purpose of production and operation and importing patented products or using patented methods, as well as using, offering to sell, selling and importing products directly obtained according to the patented method;
(2) Counterfeiting other people's patents and counterfeit patents. That is, contrary to the will of the patentee, with the purpose of deceiving others to obtain high profits, through advertising or other methods, one's own non-patented products are falsely claimed to be products manufactured using patented technology.
2. Legal basis: "Patent Law of the People's Republic of China"
Article 65: If a patent is exploited without the permission of the patent owner, the patent right is infringed upon, and disputes arise, they shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patent owner or interested parties may file a lawsuit with the people. If you file a lawsuit in court, you can also request the patent management department to handle it. 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 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 file a lawsuit or stop the infringement upon expiration of the time limit, the patent administration 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. How to protect rights against patent infringement
1. For patent infringement, you can file a lawsuit in court to protect yourselfpatent rights.
2. First-instance cases of patent disputes shall be under the jurisdiction of the Intermediate People's Court where the people's government of each province, autonomous region, or municipality directly under the Central Government is located and the Intermediate People's Court designated by the Supreme People's Court. ”
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