1. What are the legal liabilities for patent infringement
1. Patent infringement The legal responsibilities that need to be borne include: civil liability, administrative liability and criminal liability. Civil liability includes stopping the infringement, eliminating the impact, compensating for losses, etc. Administrative responsibility: For patent infringement, the patent management department has the right to order the infringer to stop the infringement, order corrections, impose fines, etc. If the case of counterfeiting someone else's patent is serious, the person directly responsible shall be held criminally responsible.
2. Legal basis:
"Patent Law of the People's Republic of China" 65 Article 11: If the patentee exploits the patent without the permission of the patentee, which infringes upon the patent right and causes a dispute, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may bring a lawsuit to the People's Court, or You can request the department that manages patent work 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. What is the evidence to prove patent infringement?
The evidence to prove patent infringement mainly includes:
1. Evidence of rights. That is, proof of the infringer’s name, address, business scope and other basic information;
2. Evidence of infringement. That is, physical objects, photos, product catalogs, sales invoices, purchase and sales contracts and other evidence of infringing items;
3. Evidence of loss. That is, the right holder’s proof of loss and other evidence.
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