What is the difference between copyright infringement and patent infringement?

We know that copyright infringement is an act that violates copyright law and infringes upon the rights of the copyright owner. Patent infringement is an illegal act of infringing a Patent for the purpose of production and business without the permission of the patentee. For example, the act of counterfeiting someone else's patent or the act of passing off someone else's patent. So what is the difference between copyright infringement and patent infringement? Below, the editor of Legal Savior Network has compiled relevant content for you to answer.

The difference between copyright infringement and patent infringement

1. Different constituent elements

Infringement of copyright must meet the following three conditions:

1. The fact that there is infringement is the perpetrator Unauthorized use of the copyright owner's works, performances, audio-visual products, and radio and television programs without the permission of the copyright owner or in accordance with the conditions of use stipulated in the copyright law. Copyright infringement does not require the consent of the author or other copyright holders, nor does it fall under fair use or statutory use. This is unauthorized use of the work, and is therefore a violation of copyright law. This kind of infringement may not only cause damage to other people's personal rights of copyright, but also may cause damage to other people's copyright property rights, and may also damage other people's personal rights and property rights of copyright at the same time. For example, illegally copying other people's works may only infringe others' copyright property rights, while counterfeiting other people's works often infringes other people's personal rights and property rights at the same time.

2. The behavior is illegal. Copyright is an absolute right, and everyone is responsible for the obligation of inaction not to infringe this right. Others must abide by copyright law and other relevant legal provisions when using copyrighted works. If an actor violates the provisions of the law, his behavior is illegal. As for works that are not protected by my country's copyright law, works that have not been copyrighted, or "works" that have entered the public domain, there is no infringement issue when others use them.

3. The perpetrator is subjectively at fault. The so-called fault refers to the infringer's psychological state regarding his infringement and its consequences, including intentional and negligent forms. . The vast majority of copyright infringements are intentional; there are also a few that can be caused by intentionality or negligence. Distinguishing the form of fault has certain significance in determining the legal liability of the tortfeasor. Generally speaking, the legal liability for intentional torts is heavier than the legal liability for negligent torts.

The elements that constitute patent infringement include twoaspects: formal conditions and substantive conditions. Among them, the formal requirements and legal liability parts mainly include:

1) The implementation involves a valid Chinese patent;

2) The implementation must be without the permission or authorization of the patentee;

3) The implementation must be based on production and business operations for purpose. Whether the perpetrator has subjective intention is not a formal requirement. However, it can be used as a basis to measure the severity of the circumstances. The substantive elements constituting patent infringement, that is, the technical conditions, and whether the substantive implementation activities fall within the scope of patent protection. If the technical features involved by the actor fall within the scope of patent protection, then the actor has committed patent infringement. There are mainly the following forms of expression:

1) The technical features involved by the actor are all the same as those of the patent, which constitutes infringement;

2) The actor involves more technical features than those of the patent, which also constitutes infringement;

3) Behavior The technical features involved may be the same as or different from the technical features of the patent. However, if the different technical features are equivalent to the technical features of the patent, they still constitute infringement; otherwise, they do not constitute infringement. The equivalence of technical features here means that ordinary technicians in the technical field can infer that the effect produced by replacing two technical features with each other is the same.

2. Different penalty provisions

Discretionary compensation for copyright infringement is five Less than 100,000; the discretionary compensation for appearance patent infringement is 10,000 to 1 million; if the copyright is infringed by the following acts, he shall bear civil liabilities such as stopping the infringement, eliminating the impact, making an apology, and compensating losses according to the circumstances: Without the permission of the copyright owner, Publishing his own work; publishing a work created in collaboration with others as his own work without the permission of the co-author; not participating in the creation, but signing his name on other people's works for the purpose of seeking personal fame and fortune; distorting or editing other people's works Works; plagiarizing other people's works; using works for exhibitions, making movies, or using methods similar to making movies, or using works by adapting, translating, annotating, etc. without the permission of the copyright owner, except as otherwise provided for in this law; For the use of other people's works, remuneration should be paid but has not been paid; leasing the works or recordings with the permission of the copyright holders of film works and works created by methods similar to filmmaking, computer software, audio and video products, or copyright-related rights holders For video products, this Law shall provide forExcept as specified; using the layout design of the books and periodicals published by the publisher without the permission of the publisher; broadcasting or publicly transmitting the live performance, or recording the performance without the permission of the performer; other infringement of copyright and copyright infringement Behavior related to rights and interests.

After the design patent right is granted, no unit or individual may implement the patent without the permission of the patentee, that is, it may not manufacture or promise for production and business purposes. Sell, sell and import its design patented products.

Not an infringement

Article 69 of the Patent Law stipulates that the following circumstances apply: 1, shall not be regarded as infringement of patent rights:

(1) Patented products manufactured or imported by the patentee or manufactured or imported with the permission of the patentee or in accordance with After the product directly obtained by the patented method is sold, the product is used, promised to be sold or sold; (2) The same product has been manufactured and used before the patent application date. Methods or necessary preparations for manufacture and use have been made, and the manufacture and use will only continue within the original scope;

(3) Temporarily passing through Chinese territory, territory Foreign transportation vehicles in the water or airspace use relevant patents in their devices and equipment for the transportation vehicle's own needs in accordance with the agreement signed by the country to which it belongs and China or the international treaty to which both parties are a party, or in accordance with the principle of reciprocity;

(4) Use relevant patents exclusively for scientific research and experiments. If you use or sell for production and business purposes a patented product that is not known to be manufactured and sold without the permission of the patentee, or a product directly obtained according to a patented method, and the legal source of the product can be proven, you will not be liable for compensation.

To sum up, we can clearly know that the editor has made an analysis from the two aspects of their constituent elements and penalties. In addition to these accidents, the concepts and characteristics of the two There are differences too. Moreover, if the specified circumstances of patent infringement include manufacturing, importing or manufacturing with the permission of the patentee or using the relevant patent exclusively for scientific research and experiment, it will not be considered infringement. If you have any other questions that are unclear, please consult the professional lawyers at the Legal Savior Network and they will answer your questions.