Cousin designed a software, what will be the punishment for being complained about the patent right of appearance?

1. What should the respondent do if he complains about the infringement of the appearance patent? 1. It should be that the other party applied for a utility model or an appearance patent for the product and complained about your infringement on Taobao; 2, the utility model and appearance can be authorized without substantive examination, so it is entirely possible for the other party to apply for a patent for your product and sue you for infringement; This behavior is suspected of maliciously applying for patent protection and should not be protected by law. You can seek legal aid through proper channels; 4. It is suggested to apply for patent protection for your product design as soon as possible to avoid similar situations. Second, patent infringement should meet four conditions at the same time: 1, the object of infringement: that is, the infringement must be a patented product or method protected by the patent law, and the implementation of expired, invalid or abandoned patents does not constitute infringement; 2. There are legal infringements: such as manufacturing, using, selling or promising to sell or import other people's patented products, or using other people's patented methods to use, sell or import products directly obtained by this method; 3. For the purpose of production and operation: that is, for the purpose of making profits, if the patented technology is used exclusively for scientific research and experiments, or to manufacture patented products or patented methods and use them for non-profit purposes such as personal hobbies or personal use, it does not belong to patent infringement; 4. Without the permission of the patentee: If it is carried out with the permission or acquiescence of the patentee, it does not constitute infringement. The legal responsibilities of patent infringement include stopping the infringement, compensating the losses, eliminating the influence, making an apology, etc. After discovering the patent infringement, the patentee or interested party may request the patent administrative authority (i.e. the provincial and municipal intellectual property offices) to mediate or bring a lawsuit to the people's court with jurisdiction according to law, and ask the infringer to stop the infringement and compensate the losses. Three. According to the Patent Law and its related laws, the legal responsibilities that the infringer should bear include civil liability, administrative liability and criminal liability. The administrative responsibility of patent infringement, the department in charge of patent work has the right to order the infringer to stop the infringement, make corrections within a time limit and impose fines. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned. 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 department in charge of patent work or the judgment of the people's court. 2. Compensation for losses The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee due to infringement or the benefits obtained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee. 3. Eliminating the influence When the infringer's infringement damages the goodwill of the patented product in the market, the infringer shall bear the legal responsibility for eliminating the influence in an appropriate way and admit his own infringement to eliminate the adverse influence on the patented product. Criminal Responsibility In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility. For the problem that Taobao sellers are complained of infringing appearance patents, sellers can safeguard their legitimate interests through proper channels.