What are the consequences of patent infringement
When patent rights are infringed, whether it is The patentee or interested party can either request the patent management agency to handle the matter, or file a lawsuit in court and handle it through judicial procedures. Among them, the administrative procedure is not the final ruling. If the parties are dissatisfied with the administrative handling, they can still bring a lawsuit to the People's Court.
(1) Civil sanctions for infringement. The Patent Law mainly uses civil sanctions for patent infringement. When dealing with infringement, patent management agencies or people's courts mainly order the infringer to stop the infringement and compensate for losses. According to the relevant provisions of the General Principles of the Civil Law, if any person commits an act that infringes upon patent rights for production and business purposes without permission, the patentee or interested party may request to cease the infringement. Regarding the amount of compensation for patent infringement, Article 60 of the Patent Law stipulates: “The amount of compensation for patent infringement shall be determined based on the losses suffered by the right holder due to the infringement or the benefits gained by the infringer due to the infringement; the losses of the infringed party Or if the benefits obtained by the infringer are difficult to determine, they shall be reasonably determined with reference to a multiple of the patent license fee." According to Articles 20 and 21 of the Supreme People's Court's "Several Provisions on the Application of Legal Issues in the Trial of Patent Dispute Cases" Relevant provisions have also been made. In addition, the patentee may not only claim compensation for economic losses but also require measures to restore the patentee's business reputation.
(2) Administrative sanctions for infringements. The Patent Law stipulates administrative liability for infringements such as counterfeiting others’ patents, leaking state secrets, and engaging in malpractice for personal gain. In addition, Articles 58 and 59 of my country’s Patent Law also stipulate administrative liability for acts that infringe upon the legitimate rights and interests of inventors or designers.
(3) Criminal sanctions for infringements. Patent infringement under the Patent Law mainly imposes civil sanctions but sometimes criminal sanctions are also required. Article 58 of the Patent Law clearly stipulates: “If a crime is constituted, criminal liability shall be pursued in accordance with the law.”
In short, patent infringement is a serious infringement of the legitimate rights and interests of the patentee, and the infringer shall bear liability according to law.corresponding responsibilities. However, the general public's awareness of patent protection is currently weak, and patent management agencies are also relatively weak in handling patent infringement disputes, investigating and handling patent violations, and in terms of law enforcement and investigation and evidence collection methods. Lu *xiang, Vice Chairman of the Standing Committee of the National People's Congress, clearly stated in the report: "To solve these problems, we must strengthen the administrative protection of patents in accordance with the law and give full play to the advantages of simple, fast and efficient patent administrative law enforcement." We have reason to believe that the third revision of the Patent Law, through continuous improvement of patent administrative enforcement, will further improve my country's intellectual property legal system, patent infringements will be effectively curbed, and my country's patent system will be further improved. Move forward on a healthy track.
The above is the relevant infringement-related information compiled by the editor of Legal Savior Network. In summary, we can understand that the patentee can claim damages from the infringer. The amount of damages claimed may be the losses suffered by the patentee. However, the patentee must provide evidence. If you have any other questions, please feel free to consult online.