1. What are the responsibilities for patent infringement
1. Administrative liability, Orders to immediately stop the infringement, destroy tools for committing crimes, administrative fines, etc.; civil liability, compensation for losses, elimination of impacts, restoration to the original status, etc.; if a criminal offense is constituted, corresponding criminal liability shall be borne based on the circumstances.
2. Legal basis: Article 65 of the "Patent Law of the People's Republic of China", Using the patent without the permission of the patentee shall infringe its patent rights and cause Disputes shall be settled through negotiation;If the parties are unwilling to negotiate or the negotiation fails, 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. Prosecution in court;If the infringer does not sue upon expiration of the time limit and does not stop the infringement, The department that manages patent work may apply to the People's Court for compulsory enforcement. At the request of the parties, the department responsible for managing patents may mediate on the amount of compensation for infringement of patent rights;If mediation fails, the parties concerned mayProcedural Law of the People's Republic of China.
2. What are the patent infringement litigation procedures
Review the qualifications of the clientFor patent infringement, the patentee or interested party may file a lawsuit in the People's Court. Patentee refers to an individual, legal person or other civil subject who has obtained patent rights in accordance with the law. An interested party refers to a person other than the patentee who has an interest in the patent when the patent right is infringed, that is, the licensee of the patent implementation. The licensee who exclusively implements the license contract may independently file a patent infringement lawsuit;The licensee who exclusively implements the license contract may file a patent infringement lawsuit independently if the patentee does not sue;Unless otherwise agreed in the license contract, the licensee under a general implementation license contract can only act together with the patentee. The co-plaintiff filed a patent infringement lawsuit.
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