Good faith infringement generally does not constitute patent infringement. However, according to the provisions of the Civil Code, there is no bona fide infringement under the Civil Code. If the actor is at fault and infringes upon the patentee's patent rights, it will constitute patent infringement and he will be liable for civil compensation. If it constitutes a crime, he will be held criminally liable.
Legal Basis
Article 60 of the Patent Law of the People's Republic of China
Utilizing the patent without the permission of the patentee, that is, If a dispute arises due to infringement of its patent rights, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department 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" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement.