1. What should I do if the compensation for infringement of appearance patent is not implemented?
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.
Second, what are the responsibilities for patent infringement?
According to the Patent Law and its related laws, the legal liabilities that the infringer should bear include civil liability, administrative liability and criminal liability.
administrative responsibility
For patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order it to correct, and impose a fine. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned.
civil liability
1, stop the infringement
Stopping the infringement means that the patent infringer should immediately stop the ongoing patent infringement according to the decision of the department in charge of patent work or the judgment of the people's court.
2. Compensation for losses
The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee or the interests gained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee.
Step 3 eliminate the impact
When the infringing act of the infringer causes damage to the goodwill of the patented product in the market, the infringer should take appropriate measures to bear the legal responsibility of eliminating the influence and admit his own infringing act in order to eliminate the adverse influence on the patented product.
criminal responsibility
In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.
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.