According to the provisions of China's patent law and criminal law, infringement of patent rights must bear civil liability, not criminal liability. This is not the same as the responsibility of counterfeiting patents. In terms of civil liability, according to the provisions of the General Principles of the Civil Law, the infringer should bear the responsibility of stopping the injury, eliminating the impression and compensating for the loss. According to the provisions of the patent law, the amount of compensation for patent infringement is determined according to the actual losses 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, etc. In terms of administrative responsibility, according to the provisions of the patent law, the local intellectual property office can handle the patent infringement at the request of the patentee or interested party, and if the infringement is established, it can order the infringer to stop the infringement immediately. If the infringer fails to prosecute or stop the infringement, the local intellectual property office may apply to the people's court for compulsory execution. In addition, the local intellectual property office can mediate the amount of compensation for patent infringement at the request of the parties.
legal ground
Article 65 of the Patent Law
The amount of compensation for infringement of patent rights shall be determined according to the actual losses 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.