Design patent infringementWhat are the legal responsibilities for behavior
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 Stop infringement, order corrections, impose fines, etc. The patent management department may also mediate 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 act in accordance with the decision of the patent management department or the people's The court's decision immediately stopped the ongoing patent infringement.
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 the losses suffered by the infringed party or the benefits obtained by the infringer are difficult to determine , can be reasonably determined by referring to the multiple of the patent license fee.
3. Eliminate the impact. When the infringer carries out infringement and causes damage to the goodwill of the patented product in the market, the infringer should use Bear the legal responsibility for eliminating the impact in an appropriate manner and admit your infringement in order to eliminate the adverse impact on patented products.
3. Criminal liability
In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious and the person counterfeits the patent of others, the person directly responsible shall be held criminally responsible.
If the actor is suspected of patent infringement, he will bear three aspects, including administrative liability, criminal liability and civil liability. Responsibilities. You can learn more about the specific content of each responsibility in the above article.
The losses suffered by a patent infringer due to infringement are generally difficult to calculate, just like trademark infringement. However, the provisions of patents are more calculable than those of trademarks. It is obviously easier to calculate the sales volume of the patentee multiplied by the patentee's reasonable profit for each patented product, and it also greatly reduces the difficulty of the patentee's proof. All it takes is to find the sales volume of the infringer, and there is no need to repay it like a trademark. There is a basis for calculating the profit of a single infringing product, and it also excludes the situation where the infringer's sales have not declined and the losses cannot be calculated.
If you have problems that require communication and resolution, and if you are not sure about the content and want to know more about it, it is recommended that you seek help from an online lawyer on the Legal Savior Network in a timely manner.
