1. What are the responsibilities for patent infringement
Patent infringement is common , patent infringement is to infringe upon the patent legally owned by the patentee through counterfeiting, unauthorized sales, etc. So what legal responsibilities should the patent infringement bear? According to the relevant laws, the legal responsibilities that patent infringers should bear include civil Liability, administrative liability and criminal liability.
(1) Administrative responsibility
For patent infringement, the department managing patent work has the right to order The infringer shall stop the infringement, order corrections, impose fines, etc., and the patent management department may also mediate on 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 According to the decision of the patent management department or the judgment of the people's court, the ongoing patent infringement behavior shall be stopped immediately.
(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 infringer or the benefits obtained by the infringer, the patent license fee may be referred to 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 the Criminal Law, counterfeiting other people’s patents, circumstances In serious cases, the person directly responsible should be held criminally responsible.
2. Methods for collecting evidence of patent infringement
The right holder shall decide according to the specific circumstances of the case. Under certain circumstances, it is particularly important to choose the most advantageous and feasible method of evidence collection. The main methods are as follows:
1. Collect evidence by yourself or entrust a lawyer to investigate and collect evidence
2. Apply for notarization The agency carries out evidence preservation
One of the legal tasks of the notary office is to "preserve evidence." Notarized evidence has the effect of being presumed to be true. Article 59 of the Civil Procedure Law stipulates: "The People's Court shall confirm the validity of legal acts, legal facts and documents that have been notarized. However, this shall not be the case unless there is contrary evidence that is sufficient to overturn the notarized certification." The effect of the preservation of evidence by the notary public is equivalent to the preservation by the court in accordance with its authority. Before litigation, the parties can make full use of the notary public to collect and preserve evidence, which is an effective measure to prepare for litigation.
3. Apply to the court for pre-litigation evidence preservation
4. Apply to the People's Court to obtain evidence
Article 64 of my country's Civil Procedure Law stipulates: Evidence that the parties and their agents cannot obtain on their own due to objective reasons, or that the people's court deems necessary to hear the case The People's Court shall investigate and collect evidence. Based on this, parties often file an application for evidence collection while filing patent infringement, trademark infringement and copyright infringement lawsuits. The evidence collected is usually divided into three categories:
(1) Preserve the products accused of infringement;
(2) Investigate the financial account books of the unit accused of infringement in order to determine the amount of compensation;
(3) Obtain evidence of the alleged infringer’s infringement. According to the Civil Procedure Law and relevant judicial interpretations of the Supreme Court, the court has two modes of operation in investigating and collecting evidence: First, it actively investigates and collects evidence in accordance with its authority. When it comes to facts and related procedural matters that may be detrimental to national interests, social public interests or the legitimate rights and interests of others, the court should take the initiative to investigate and collect evidence ex officio without the parties needing to apply for evidence. The second is to obtain evidence based on the application of the parties. After the scope of the court's initiative to obtain evidence ex officio has been narrowed, parties' applications for evidence investigation have become increasingly important. If there is a lack of timely evidence provided by the partiesAccording to the investigation application, the court generally does not take the initiative to investigate evidence. After a party files an application for evidence investigation, whether the court initiates an investigation and evidence collection mechanism depends on the court's review and judgment. Only when the application filed by the party meets the scope of the court's evidence collection, the court is obliged to investigate and collect evidence. Otherwise, the court should reject the application. application. When parties apply for court investigation and evidence collection, they should pay attention to two points: first, the scope of evidence applied for investigation must comply with legal circumstances; second, this application must pay attention to the time limit for producing evidence.5. Apply for administrative investigation and evidence collection
Chapter 5 of my country's "Patent Administrative Enforcement Measures" There are special provisions for investigation and evidence collection. In the process of investigating and handling cases, the patent management department may investigate and collect relevant evidence in accordance with its authority as necessary. You can check and copy contracts, account books and other relevant documents related to the case; interrogate the parties and witnesses; conduct on-site inspections by measuring, taking photos, and videotaping. If a manufacturing method patent is suspected of infringement, the patent management department may require the person under investigation to conduct an on-site demonstration. If a product patent is involved, samples can be taken from the allegedly infringing product.
No matter which method is used to collect evidence, objectivity must be the premise. Only objective and true evidence can be probative. Never tamper with or fabricate evidence, otherwise you will be held legally responsible.
Through the brief introduction above, we can know that when infringing the patent rights of others, the infringer needs to bear corresponding responsibilities. Generally speaking, liability for patent infringement includes civil, criminal, and administrative liability. Of course, if it constitutes a criminal offense, the infringement must be relatively serious. At this time, corresponding evidence must also be provided to prove that the other party has indeed committed infringement. The above introduction may be relatively brief. If there is anything else you don’t understand, the Legal Savior Network provides online lawyer consultation services. You are also welcome to consult this website.
No comments yet. Say something...