What are the responsibilities for counterfeiting someone else’s patent?

According to the provisions of the Patent Law, anyone who counterfeits the rights of others must bear civil compensation, administrative penalties and criminal liability. Compensation for counterfeit patents is generally determined based on the actual losses caused; administrative penalties include confiscation of illegal gains, fines, etc.; criminal liability includes fixed-term imprisonment of less than three years or criminal detention. Regarding the question of what responsibilities you need to bear for counterfeiting other people’s patents, the editor of Legal Savior Network will answer it in detail for you below.

1. What are the responsibilities for counterfeiting others’ patents

1. Counterfeiting others’ patents For patents, the responsibilities that need to be borne are as follows:

(1) Civil compensation. The infringer shall be liable for civil compensation, and the right holder may also claim punitive damages;

(2) Liability for administrative penalties. Anyone who counterfeits a patent shall be ordered by the department responsible for patent law enforcement to make corrections and make an announcement, the illegal income shall be confiscated, and a fine of not more than five times the illegal income may be imposed;

(3) ,criminal responsibility. Those who counterfeit others' patents, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined

2. Legal basis:

"Patent Law of the People's Republic of China" Article 68

"Criminal Law of the People's Republic of China" Article 68 Article 16 [Crime of Counterfeiting Patents]

2. Crime of Counterfeiting Patents What is the identification of

1. The perpetrator not only counterfeits the patents of others, but also produces and sells counterfeit goods patented by others, which is a crime of absorption. Because the production and sale of counterfeit goods that counterfeit other people's patents are an integral part of counterfeiting other people's patents, the former behavior is absorbed into the subsequent behavior, so the perpetrator's behavior is only determined to constitute the crime of patent counterfeiting, and he will be severely punished, rather than being treated as multiple crimes.

2. The perpetrator not only counterfeits other people's patents but also counterfeits other people's registered trademarks, which meets the requirements for two crimes and should be treated as two crimes. Several crimes should be combined. Punishment.

3. The perpetrator who not only counterfeits patents and registered trademarks of others, but also produces or sells counterfeit goods should be convicted of several crimes. Counterfeiting other people's patents and registered trademarks is the premise, and producing or selling counterfeit goods is the result. The latter is absorbed by the former, but counterfeiting other people's patents and registered trademarks are two independent behaviors. Therefore, the perpetrator who not only counterfeits patents and registered trademarks of others, but also produces or sells counterfeit and inferior goods shall be punished for the crime of counterfeiting patents and counterfeiting registered trademarks of others.

According to the provisions of the Patent Law, anyone who counterfeits the rights of others must bear civil compensation, administrative penalties and criminal liability. Compensation for counterfeit patents is generally determined based on the actual losses caused; administrative penalties include confiscation of illegal gains, fines, etc.; criminal liability includes fixed-term imprisonment of less than three years or criminal detention. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.