Productive infringement includes two aspects: first, the production and manufacture of patented products of others; Second, the act of using other people's patented technology to directly or indirectly produce and make profits is called productive infringement. The use of the method, as long as it is used for production and operation, constitutes infringement. Designing and manufacturing patented products by oneself and then using them for production and business purposes also constitutes productive infringement.
There is no infringement of design patent, only the productive infringement of manufacturing behavior. Commercial infringement actually refers to the infringement caused by the sale of infringing products. Sales infringement should be the production and sale of products knowing that the patent rights of others are infringed. This kind of understanding should be based on direct understanding, not on knowing. For example, receiving a notice or warning from the patentee should be regarded as direct knowledge, and the announcement in the patent bulletin or the statement in the newspaper cannot be used as a prerequisite for knowing in principle.
It is best to inform the sellers of infringing products directly through notary offices, industrial and commercial departments and patent management departments. Such evidence is reliable, and ordinary letters are often not enough to prove that the patentee warned the seller.
Indirect infringement is based on direct infringement. If direct infringement is not established, indirect infringement cannot exist.
Legal basis: Intellectual Property Law of the People's Republic of China
Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;
(six) the use of other people's works, not in accordance with the provisions of the payment;
(seven) live broadcast of their performances without the permission of the performers;
(eight) other acts of infringement of copyright and copyright-related rights and interests.
Article 46 Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:
(1) Plagiarism and plagiarism;
(2) reproducing and distributing his works for profit without the permission of the copyright owner;
(3) publishing books with exclusive publishing rights enjoyed by others;
(four) without the permission of the performer, recording and publishing his performance;
(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;
(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;
(seven) the production and sale of counterfeit works of art..