Can I ignore the compensation for the infringement of the court's appearance patent?

Patent rights may not be often encountered in daily life, but in fact, patent rights are also owned by the parties and are a very important intellectual property right. If it is violated by others, we must resolutely safeguard it. From the most common point of view, even if civil compensation is not executed, the other party can apply to the court for enforcement.

Legal analysis

If the compensation for appearance patent infringement is not implemented, you can consult the other party, and if the other party refuses to pay compensation, you can apply to the court for compulsory execution. Patent infringement should meet four conditions at the same time:

1. Infringed object: that is, the infringed patented product or method must be protected by the patent law, and the implementation of expired, invalid or abandoned patents does not constitute infringement;

2. There are legal infringements: such as manufacturing, using, selling or promising to sell or import other people's patented products, or using other people's patented methods to use, sell or import products directly obtained by this method;

3. For the purpose of production and operation: that is, for the purpose of making profits, if the patented technology is used exclusively for scientific research and experiments, or to manufacture patented products or patented methods and use them for non-profit purposes such as personal hobbies or personal use, it does not belong to patent infringement;

4. Without the permission of the patentee: If it is carried out with the permission or acquiescence of the patentee, it does not constitute infringement.

The legal responsibilities of patent infringement include stopping the infringement, compensating the losses, eliminating the influence, making an apology, etc. After discovering the patent infringement, the patentee or interested party may request the patent administrative authority (i.e. the provincial and municipal intellectual property offices) to mediate or bring a lawsuit to the people's court with jurisdiction according to law, and ask the infringer to stop the infringement and compensate the losses.

legal ground

Article 216th of the Criminal Law of People's Republic of China (PRC), if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.