How to punish Xianyu for infringing appearance patents

Legal analysis: (1) If the actor infringes on the design patent of others, he/she needs to bear civil liability

(2) If the actor infringes on the design patent of others, the administrator can The patent affairs department shall impose sanctions, including ordering corrections and making an announcement, confiscating illegal income, and imposing a fine of not more than three times the illegal income. If there is no illegal income, a fine of not more than 50,000 yuan may be imposed.

(3) If the behavior If a person infringes another person's design patent and constitutes a crime, he or she will be held criminally responsible in accordance with the law.

Legal basis: "Patent Law" Article 60: Implementing the patent without the patentee's permission will infringe upon the patent right and cause disputes, which shall be resolved through negotiation by the parties concerned. If they are willing to negotiate or fail to do so, The patentee or interested party may bring a lawsuit to the People's Court or request the Ministry of Patent Administration 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, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" If the right holder fails to file a lawsuit in the People's Court and does not stop the infringement upon expiration of the time limit specified in the Law, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties, the department responsible for managing patent work may mediate on the amount of compensation for infringement of patent rights and fail to resolve the matter, 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.