Article 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it 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.
At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). China's intellectual property rights include copyrights, patents and trademarks, and there are many cases of infringement of intellectual property rights. Infringement of intellectual property rights requires civil liability for compensation.
Extended data:
Identification of intellectual property infringement;
In the current intellectual property law, there are four ways to express the provisions on intellectual property infringement:
1. clearly stipulates that in the chapter on legal liability of corresponding laws, after the same article stipulates civil and other legal liabilities, the infringing acts that should be investigated for civil liability are listed one by one, such as copyright law, computer software protection regulations, etc.
2. It is stipulated that in the chapter of intellectual property protection, there is a special article to stipulate infringement and another article to stipulate the legal responsibilities that these acts should bear, such as the Trademark Law.
3. In the general provisions of the law, it is stipulated that patent infringement is prohibited by law, while in the chapter on the protection of rights, acts that are not regarded as patent infringement and acts that are not liable for compensation are listed, and the legal responsibilities that should be investigated are stipulated in this chapter.
4. It is a special chapter that stipulates the infringement or illegal act, and another special chapter stipulates the legal responsibility that should be investigated. For example, in a nutshell, the intellectual property law generally stipulates the corresponding intellectual property rights, enumerates and stipulates the infringement, exceptions and restrictions, and the legal responsibilities that should be borne.
Legal liability is generally civil legal liability and administrative legal liability. Therefore, when we identify the infringement of intellectual property rights, we should pay attention to all the legal facts stipulated in the intellectual property law, that is, the legal fact system necessary for infringement. Avoid any one-sided and subjective views on the problem. This is especially important for judges who hear cases.