Legal analysis: Patent right is the exclusive right to protect the intellectual labor achievements of the patentee, and patent infringement refers to the illegal act of others who, without the permission of the patentee, implement valid patents protected according to law for the purpose of production and operation.
The legal liability of patent infringement includes ordering to correct and stop the infringement, making a public announcement, confiscating illegal income, compensating for losses, and imposing fines, and assuming criminal responsibility if the circumstances are serious. Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make an announcement, confiscate his illegal income, and may impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 2, yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
Legal basis: Patent Law of the People's Republic of China
Article 6 The patent administrative department of the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it. The decision to grant a compulsory license shall stipulate the scope and time of implementation according to the reasons for the compulsory license. When the reasons for compulsory license are eliminated and no longer occur, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination.
article 63 if the patentee refuses to accept the decision of the patent administrative department of the State Council on compulsory license, and if the patentee and the unit or individual that obtained the compulsory license refuse to accept the decision of the patent administrative department of the State Council on the royalty for compulsory license, they may bring a suit in a people's court within three months from the date of receiving the notice.
article 65 if a patent is exploited without the permission of the patentee, that is, the patent right is infringed, and disputes are caused, the parties concerned shall settle them through consultation; Unwilling to negotiate or failing to negotiate, 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 decides that the infringement is established, it may order the infringer to stop the infringement immediately. If the party concerned refuses to accept the decision, it 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 suit in a people's court in accordance with the Civil Procedure Law of the People's Republic of China.