What are the infringements of invention patents in the Civil Code?

In modern society, patents represent the intellectual property rights of an item and are also the protection of intellectual property rights by law. After all, it takes a lot of time, energy and cost to create something. But there are always some people who want to get something for nothing and always steal other people's patents and commit many infringements. So what are the infringements of invention patents in the Civil Code? Below, the editor of Legal Savior Network will answer the questions for readers. I hope it will be helpful to everyone.

1. What are the infringements of invention patents in the Civil Code

According to the relevant provisions of my country’s Civil Code, the content of patent infringement is mainly stipulated in the contract section, mainly as follows: Liability for breach of contract and infringement manifests itself as violation of the licensed technology agreement, exceeding the agreed use scope, or failing to pay royalties as agreed.

"Civil Code of the People's Republic of China"

Article 872 [Liability of Licensor and Transferor for Breach of Contract] If the licensor fails to license the technology as agreed, he shall Return part or all of the royalties, and shall bear Liability for breach of contract; if the implementation of a patent or use of technical secrets exceeds the agreed scope, or if a third party is allowed to implement the patent or use the technical secrets in violation of the agreement, the breach of contract shall be discontinued and liability shall be borne. Liability for breach of contract; those who violate the agreed confidentiality obligations shall bear liability for breach of contract. If the transferor bears liability for breach of contract, the provisions of the preceding paragraph shall apply.

Article 873 [Liability of Licensee and Transferee for Breach of Contract 】If the licensee fails to pay the usage fee as agreed, he shall make up the usage fee and pay liquidated damages as agreed; if he fails to pay the usage fee or pay the liquidated damages as agreed, he shall stop the implementation of the patent or the use of technical secrets, return the technical data, and bear the liability for breach of contract. Responsibility; if the implementation of a patent or the use of technical secrets exceeds the agreed scope, and if a third party is authorized to implement the patent or use the technical secrets without the consent of the licensor, the breach of contract shall be stopped and the liability for breach of contract shall be borne; if the agreed confidentiality obligation is violated, Should bear liability for breach of contract. The transferee shall be liable for breach of contract, with reference to the appropriateThe provisions of the preceding paragraph apply.

2. What are the manifestations of counterfeit patents

(1) Products or products manufactured or sold without permission Mark the patent number of others on the packaging;

(2) Without permission, Using other people’s patent numbers in advertisements or other promotional materials may cause people to mistake the technology involved for other people’s patented technology;

(3) Using someone else’s patent number in the contract without permission, causing people to mistake the technology involved in the contract as someone else’s patented technology;

(4) Forge or alter other people’s patent certificates, patent documents or patent application documents.

The above knowledge is the editor’s answer to relevant legal issues. Patents are intellectual achievements. The specific manifestations of patents embody a person's intelligence and energy. The vigorous development of patents is also of great significance to the development of the country and the nation. If you need legal help, readers are welcome to go to the Legal Savior Network for legal consultation.