What are the legal liabilities for patent infringement
According to relevant laws, the legal liabilities that patent infringers should bear include: Civil liability, administrative liability and criminal liability.
1. Administrative responsibilities
For patent infringement, the department managing patent work has the right to order the infringer to stop the infringement Acts, orders for correction, fines, etc., the patent management department may also mediate the amount of compensation for patent infringement at the request of the parties.
2. Civil liability
1. Stop infringement means that the patent infringer shall comply with the requirements of the department that manages patent work. decision or the judgment of the People's Court, the ongoing patent infringement shall be immediately stopped.
2. Compensate for losses.
The amount of compensation for patent infringement shall be based on the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer Determine; if the losses suffered by the infringed party or the benefits obtained by the infringer are difficult to determine, they can be reasonably determined by referring to a multiple of the patent license fee.
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 to eliminate the impact. Admit your own infringement in order to eliminate the adverse effects on patented products.
3. Criminal liability
According to According to the provisions of the Patent Law and Criminal Law, if the case of counterfeiting the patent of others is serious, the person directly responsible shall be held criminally responsible.
According to relevant laws, the legal liability that perpetrators of patent infringement need to bear includes three aspects, namely administrative liability, civil liability and criminal liability. Of course, what are the specific responsibilities? , and judgments need to be made based on specific circumstances. If you have other legal questions, please feel free to consult the relevant lawyers on the Legal Savior Network.