The legal consequences of patent infringement are as follows:
When the patent right is infringed, both the patentee and the interested party may request the patent management authority to handle it, or they may bring a lawsuit to the court and handle it through judicial procedures. Among them, the administrative procedure is not final, and if the parties are not satisfied with the administrative treatment, they can still bring a lawsuit to the people's court.
(1) Civil sanctions for infringement. Patent law mainly adopts civil sanctions for patent infringement? When the patent administration organ or the People's Law Institute handles the infringement? Mainly to order the infringer to stop the infringement and compensate for the losses. According to the relevant provisions of the General Principles of Civil Law: "If the patent right is infringed for the purpose of production and operation without permission, the patentee or interested party may request to stop the infringement." Regarding the amount of compensation for patent infringement, Article 60 of the Patent Law stipulates: "The amount of compensation for patent infringement shall be determined according to the losses suffered by the obligee or the interests gained by the infringer due to infringement; If it is difficult to determine the infringer's loss or the infringer's gain, it shall be reasonably determined with reference to the multiple of the patent license fee ".Articles 20 and 21 of the Supreme People's Court's Several Provisions on the Applicable Law in the Trial of Patent Dispute Cases have also made relevant provisions. In addition, the patentee can not only claim compensation for economic losses, but also take measures to restore the patentee's business reputation.
(2) The administrative sanction for infringement is lenient and early. The patent law stipulates administrative responsibilities for acts such as counterfeiting other people's patents, revealing state secrets, and engaging in malpractices for personal gain. In addition, Articles 58 and 59 of China's Patent Law also stipulate administrative liability for acts that infringe upon the legitimate rights and interests of inventors or designers.
(3) Criminal sanctions for infringement. According to patent law? Patent infringement mainly gives civil sanctions? But sometimes criminal sanctions are needed. Article 58 of the Patent Law clearly stipulates: "If a crime is constituted, criminal responsibility shall be investigated according to law".
abstract
In a word, patent infringement is a serious violation of the legitimate rights and interests of the patentee, and the infringer should bear corresponding responsibilities according to law. However, at present, the general public's awareness of patent protection is weak, and the patent administration authorities are also weak in dealing with patent infringement disputes, investigating patent violations and investigating and collecting evidence. Lu Yongxiang, vice chairman of the National People's Congress Standing Committee (NPCSC), clearly pointed out in his report: "To solve these problems, we must strengthen patent administrative protection according to law and give full play to the advantages of simple, fast and efficient patent administrative law enforcement." We have reason to believe that the third revision of the patent law will further improve China's intellectual property legal system, effectively curb patent infringement, and make China's patent system develop on a healthier track through continuous improvement of patent administrative law enforcement.