What legal liability should a patent infringer bear
According to the patent law and its According to relevant laws, the legal liabilities that infringers should bear include civil liability, administrative liability and criminal liability.
Administrative responsibilities
For patent infringement, the patent management department has the power to order the infringer to stop the infringement, order corrections, impose fines, etc. At the request of the party, the patent management department may also order the infringer to stop the infringement. mediate on the amount of compensation for the right.
Civil liability
1. Stop infringement
Stop infringement means that the patent infringer should immediately stop the ongoing patent infringement according to the decision of the patent management department or the judgment of the people's court.
2. Compensation for losses
The amount of compensation for infringement of patent rights shall be based on the personal cause of the patent owner. The losses suffered by the infringed party or the benefits obtained by the infringer shall be determined; if it is difficult to determine the losses suffered by the infringed party or the benefits obtained by the infringer, they may be reasonably determined by referring to a multiple of the patent license fee.
3. Eliminate the impact
When the infringer carries out the infringement act, the patented product will be in the market When the goodwill of a patented product is damaged, the infringer should take appropriate measures to bear the legal responsibility for eliminating the impact and admit his or her infringement in order to eliminate the adverse impact on the patented product.
Criminal liability
In accordance with the provisions of the Patent Law and Criminal Law, if someone counterfeits the patent of others and the circumstances are serious, the person directly responsible shall be held criminally responsible.
The editor of Legal Savior Network will add:
1. Relief channels:
1. Self-reconciliation: Reach a settlement agreement on the basis of equal consultation between both parties.
2. Apply to the patent management authority for mediation and processing, and rely on administrative means to order the infringer to stop infringement and impose penalties.
3. File a lawsuit in court, requiring the infringer to stop the infringement and compensate for the economic losses caused by the infringement.
Comparison of the three:
1. Self-propelled Reconciliation: Resolving disputes quickly and amicably can leave room for continued cooperation and save manpower, material and financial resources.
2. Apply to the patent management agency for mediation and processing. The scope of mediation includes: patent royalty disputes, patent award fee disputes, patent application rights disputes, and patent right ownership disputes. Disputes, patent contract disputes, patent infringement disputes, etc. The advantage is that the procedure is simple and the processing is fast.
3. Sue in court: it can effectively attack competitors, consolidate the market advantage you already have, and you can also get a compensation from the infringer. . The people's court's judgment or mediation document has legal effect, and its execution is guaranteed by the state's compulsory force.
The above is the relevant information compiled by the editor of Legal Savior Network for everyone. To sum up, we can understand that the use of a patent must be approved by the patent right. If it is not used, it should be regarded as infringement. Patent infringement should punish the infringer. If you have any other questions and would like to consult a lawyer, please feel free to consult online.
