In most cases, the infringement of others' patents is mainly to compensate for the losses caused by patent infringement, but if the perpetrator has the act of counterfeiting patents, he may have to bear criminal responsibility. I. What responsibilities should patent infringers bear According to relevant laws, the legal responsibilities that patent infringers should bear include civil liability, administrative liability and criminal liability. (1) The administrative responsibility for patent infringement, the department in charge of patent work has the right to order the infringer to stop the infringement, correct it, impose a fine, etc. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned. (II) Civil Liability (1) 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. (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. (3) 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. Second, what does not constitute patent infringement? In the following five cases, anyone who uses a patent does not constitute infringement: (1) First sale: after the patented product manufactured or imported by the patentee or the product directly obtained by the patented method is sold, it does not constitute patent infringement. This principle, also known as the "exhaustion principle", is applicable to patented products that are legally put into the market. (2) Goodwill infringement: anyone who uses or sells a patented product that he doesn't know was manufactured or sold without the permission of the patentee or a product directly obtained according to the patented method for the purpose of production and operation, and can prove the legal source of the product, shall not be liable for compensation. This kind of situation is called "bona fide infringement" in theory, and the scope of behavior here is limited to "use" and "sale". For manufacturing or importing, according to the current law, the actor should or has the obligation to know whether the products he manufactures or imports are patented products. (3) Prior implementation: If the same product has been manufactured before the patent application date, the same method has been used, or the necessary preparations have been made for its manufacture and use, and it continues to be manufactured and used only within the original scope, it does not constitute infringement of the patent right. (4) Temporary transit: The temporary transit of foreign means of transport through the territorial sea and airspace of China does not constitute an infringement of the patent right of its devices and equipment according to the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or according to the principle of reciprocity. (5) Non-profit implementation: The exclusive use of relevant patents for scientific research and experiments does not constitute patent infringement. Its essence is that this kind of implementation behavior is not for the purpose of production and operation, and there is no competitive relationship with the patentee, so it will not infringe the market interests of the patentee. Third, the method of obtaining evidence of patent infringement is particularly important for the right holder to choose the most favorable and feasible method of obtaining evidence according to the specific circumstances of the case. The main methods are: 1, collect evidence by yourself and entrust a lawyer to investigate and collect evidence; Due to the strong professionalism of intellectual property cases, it will be difficult for the obligee to obtain evidence by himself, and it is very difficult to accurately grasp the direction and scope of obtaining evidence. Lawyers specialize in legal work and provide legal services to the society as their profession. Lawyers not only have rich legal knowledge, but also have rich experience in handling cases and skilled litigation skills, and can make appropriate choices for the parties at different stages of litigation. Generally speaking, it is much more convenient for lawyers to investigate and collect evidence than the parties, and the scope of evidence collection is more extensive and accurate. In judicial practice, judges often treat lawyers differently and provide more convenience. 2. Apply to the notary office for evidence preservation; One of the statutory businesses of the notary office is to "preserve evidence". Notarized evidence has the effect of presumption of truth. Article 59 of the Civil Procedure Law stipulates: "The people's court shall confirm the validity of notarized legal acts, legal facts and documents. However, unless there is enough evidence to the contrary to overturn the notarial certificate. " The evidence preservation of notary office has the same effect as that of the court ex officio. Before litigation, the parties can make full use of the notary office to collect and preserve evidence, which is an effective measure to make good preparations before litigation. 3. Apply to the court for pre-litigation evidence preservation; 4. Apply to the people's court for evidence collection; 5. Apply to the administrative organ for investigation and evidence collection; Chapter 5 of China's Patent Administrative Law Enforcement Measures has a special chapter on investigation and evidence collection. In the process of investigating and handling cases, the department in charge of patent work may, if necessary, investigate and collect relevant evidence according to its functions and powers. You can consult and copy contracts, account books and other relevant documents related to this case; Questioning the parties and witnesses; Conduct on-site inspection by means of measurement, photography and video recording. Where the patent right of a manufacturing method is suspected of being infringed, the administrative department for patent affairs may require the respondent to give a live demonstration. Where a product patent is involved, samples may be taken from the products suspected of infringement. No matter which method is used to collect evidence, it must be based on objectivity, and only objective and true evidence can prove it. Do not tamper with or forge evidence, or you will bear legal responsibility. According to the law, we can know that the main legal liability for infringing the design patent is civil liability, such as stopping the infringement, compensating for the loss and eliminating the influence. , but it may also be administrative responsibility or criminal responsibility.
Legal objectivity:
Patent Law of People's Republic of China (PRC) Article 1 This Law is formulated for the purpose of protecting the legitimate rights and interests of patentees, encouraging inventions and creations, promoting the application of inventions and creations, improving innovation ability, and promoting scientific and technological progress and economic and social development. People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.