What are the remedies for patent infringement
If disputes arise between parties due to infringement of patent rights, the parties may Resolve through negotiation; if either party is unwilling to negotiate or cannot resolve the matter through negotiation, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter. 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 a specified period starting 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.
According to the provisions of the Implementing Rules of the Patent Law, the departments that manage patent work referred to here refer to the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, as well as the people of districted cities with a large workload of patent management and the ability to actually handle it. A department established by the government to manage patent work.
Article 60 of the Patent Law If the patentee has permission to exploit the patent, that is to say, the patent rights are infringed upon and any dispute arises, it shall be settled by the parties through negotiation; if the parties are unwilling to negotiate or fail to negotiate,If the case is successful, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter. 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 administrative 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.