What is patent infringement and its legal liability
Legal liability for patent infringement:
According to the provisions of the Patent Law and its related laws, the infringer shall bear the liability Legal liability includes civil liability, administrative liability and criminal liability.
(1) Administrative responsibilities
For patent infringement, the department managing patent work has the right to order the infringement The patent management department may also mediate on the amount of compensation for patent infringement at the request of the parties concerned.
(2) Civil liability
1. Stop infringement
Stop infringement means that the patent infringer shall immediately stop the infringement in accordance with the decision of the patent administrative department or the judgment of the people's court. Patent infringement committed.
2. Compensation for losses
The amount of compensation for infringement of patent rights shall be based on the patent rights The losses suffered by the person due to infringement or the benefits obtained by the infringer are determined; if the losses suffered by the infringed person or the benefits obtained by the infringer are difficult to determine, they can be reasonably determined by referring to the multiple of the patent license fee.
3. Eliminate the impact
Infringement occurs when the infringing act causes damage to the goodwill of the patented product in the market. The perpetrator should adopt appropriate methods to bear the legal responsibility for eliminating the impact and admit his infringement in order to eliminate the adverse impact on the patented product.
(3) Criminal liability
In accordance with the provisions of the Patent Law and the Criminal Law, counterfeiting other people’s patents, circumstances In serious cases, the persons directly responsible should be held criminally responsible.
Article 60 of the Patent Law: Implementing a patent without the permission of the patentee will infringe upon the patentee and any disputes arising from such disputes shall be settled through negotiation between the parties. ; If they are unwilling to negotiate or cannot reach an agreement, 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 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.
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