What you said constitutes patent infringement. At the same time or separately, producers and sellers may be required to stop production and sales and make tort compensation. Last year, this year was a year when the Central Committee explicitly called for and actively promoted "building an innovative society". The State Council clearly launched a long-term special campaign to crack down on the infringement of intellectual property rights and the manufacture and sale of counterfeit and shoddy goods from the end of 20 10 to the end of 20 165438, and once again decided to adjust the end time of the special campaign from the end of March 2065438 to. The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security have also separately or jointly issued measures and explanations on further implementing and strengthening judicial protection of intellectual property rights. It can be seen that the protection of intellectual property rights across the country is in full swing. Therefore, administrative management and judicial proceedings are feasible ways to protect the rights of intellectual property infringement that infringes patent rights. Route 1. Report to the local intellectual property office, and the intellectual property office shall take administrative compulsory measures to order it to stop the infringement, preserve evidence to obtain relevant evidence of infringement compensation, destroy special molds and equipment, and shall not transfer the infringing products that have been manufactured or stocked, and shall not put the products on the market in any form; Route 2. Bring a lawsuit to a court with jurisdiction, claiming: stop the infringement, compensate for the losses, etc. If it constitutes a crime seriously, it shall report to the public security organ and be investigated for criminal responsibility. The Patent Law clearly stipulates the basis and scope of compensation: the amount of compensation for patent infringement is determined according to the actual loss suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement. It can be seen that the scope of compensation is to determine the responsibility of the infringer according to the implementation of the patented technology. The amount of damages shall be determined according to the actual economic losses suffered by the patentee. In this calculation method, the actual loss of the patentee includes: (1) the loss of unsalable or reduced-price sales of patented products after occupying the sales market. Because the infringing products are shoddy, there is no investment in research and development, the quality of the products is poor, the cost is low, and most of them are lower than the patented products. (2) Loss of profit caused by sales decline. After a large number of infringing products enter the market, on the one hand, they occupy the sales market of patented products, on the other hand, because most of the infringing products are fake and inferior products, the reputation of patented products is affected. (3) the cost of collecting evidence of infringing products. (four) the cost of issuing an announcement or invention statement to stop the infringement and preserve the reputation. (5) Travel expenses, attorney fees, witness fees, etc. Pay for tort litigation. (6) Fees for acceptance, appraisal and investigation of infringement litigation. (seven) other expenses that have a causal relationship with the infringement. Only when the actual economic losses suffered by the patentee are difficult to determine can the compensation amount be determined by other means.
Legal objectivity:
patent law of the people's republic of china
Article 77
Anyone who uses, promises to sell or sells an infringing patented product for the purpose of production and operation without knowing that it was manufactured and sold without the permission of the patentee shall not be liable for compensation if he can prove the legal source of the product.
patent law of the people's republic of china
Article 65
If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation;
Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling.
If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution.