What is the basis for patent infringement supervision and enforcement
1. Counterfeit patents
Article 63 of the Patent Law The department responsible for the work shall order corrections and make an announcement, confiscate the illegal gains, and may impose a fine of not more than four times the illegal gains; if there are no illegal gains, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 64 of the Patent Law governs patents When the working department investigates suspected patent counterfeiting based on the evidence it has obtained, it can question the relevant parties and investigate the situation related to the suspected illegal acts; conduct on-site inspections of the places where the parties are suspected of illegal acts; review, copy and suspected illegal acts Relevant contracts, invoices, account books and other relevant materials; inspect products related to suspected illegal activities, and seal or detain products with evidence that they are counterfeit patented products.
The department managing patent work shall exercise the provisions of the preceding paragraph in accordance with the law. When exercising their powers, the parties concerned shall assist and cooperate and shall not refuse or obstruct.
Article 84 of the Implementing Rules of the Patent Law The following acts are stipulated in Article 63 of the Patent Law Counterfeiting of patents:
(1) Mark the patent logo on the product or its packaging for which the patent right is granted, continue to mark the product or its packaging with the patent logo after the patent right is declared invalid or terminated, or mark the patent number of another person on the product or product packaging without permission;
(2) Selling the products mentioned in item (1) ;
(3) In the product instructions and other materials, A technology or design that has not been granted a patent right is called a patented technology or a patented design, a patent application is called a patent, or someone else's patent number is used without permission, causing the public to mistake the technology or design involved as a patented technology or patent. Design;
(4) Forging or altering patent certificates , patent documents or patent application documents;
(5) Other behaviors that confuse the public and mistake unpatented technology or designs for patented technologies or designs.
Before the expiration of the patent right, in accordance with the law, the patented products, in accordance with the patent The product directly obtained by the method or the patent logo is marked on its packaging, and the product is promised to be sold or sold after the patent right expires.products, does not constitute patent counterfeiting.
2. Patent infringement
"Patent Law" Article 65 The amount of compensation for patent infringement shall be determined according to the right holder The actual loss suffered due to the infringement shall be determined; if the actual loss is difficult to determine, it may be determined based on the benefits obtained by the infringer due to the infringement. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
The rights holder’s losses, the infringer’s gains and If it is difficult to determine the patent license fee, the people's court may determine a compensation of not less than RMB 10,000 but not more than RMB 1 million based on factors such as the type of patent right, the nature and circumstances of the infringement.
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