Network infringement refers to the infringement that occurs under the network environment, and it is a form of knowledge infringement. The network infringement is essentially the same as the traditional infringement, that is, the behavior that the actor should bear civil liability according to law because of his fault in infringing on property and personal rights, and other acts that cause damage to people that should bear civil liability according to the special provisions of the law.
The so-called network refers to a system that connects multiple computer systems with different geographical locations and independent functions through communication equipment and lines, and realizes the sharing of resources in the network with well-functioning network software, namely network communication protocols, information exchange methods and network operating systems.
According to the legal basis
The patent right declared invalid in Article 47 of the Patent Law of the People's Republic of China
shall be deemed as nonexistent from the beginning.
the decision to declare the patent right invalid has no retrospective effect on the judgments and conciliation statements of patent infringement made and executed by the people's court before the patent right is declared invalid, the decisions on the settlement of patent infringement disputes that have been performed or enforced, and the patent licensing contracts and patent transfer contracts that have been performed. However, the losses caused to others by the patentee's malice shall be compensated.
if the patent infringement compensation, patent exploitation fee and patent transfer fee are not returned in accordance with the provisions of the preceding paragraph, which obviously violates the principle of fairness, they shall be returned in whole or in part. Article 71 The amount of compensation for infringement of a patent right shall be determined according to the actual losses suffered by the obligee due to infringement or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the obligee or the benefit of the infringer, it shall be reasonably determined by referring to the multiple of the patent license fee. For intentional infringement of the patent right, if the circumstances are serious, the amount of compensation can be determined at least one time but not more than five times the amount determined according to the above method.
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 to pay compensation ranging from 3, yuan to 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, and other factors.
the amount of compensation should also include the reasonable expenses paid by the obligee to stop the infringement.
in order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement when the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly in the hands of the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.