When the patent right is infringed, both the patentee and the interested party may request the patent management authority to handle it, or they may bring a lawsuit to the court and handle it through judicial procedures. Among them, the administrative procedure is not final, and if the parties are not satisfied with the administrative treatment, they can still bring a lawsuit to the people's court.
(1) Civil sanctions for infringement. Patent law mainly adopts civil sanctions for patent infringement? When the patent administration organ or the people's court handles the infringement? Mainly to order the infringer to stop the infringement and compensate for the losses. According to the relevant provisions of the General Principles of Civil Law: "If the patent right is infringed for the purpose of production and operation without permission, the patentee or interested party may request to stop the infringement." Regarding the amount of compensation for patent infringement, Article 60 of the Patent Law stipulates: "The amount of compensation for patent infringement shall be determined according to the losses suffered by the obligee or the interests gained by the infringer due to infringement; If it is difficult to determine the loss of the infringer or the interests of the infringer, it shall be reasonably determined with reference to the multiple of the patent license fee. "Articles 20 and 21 of the Supreme People's Court's Several Provisions on the Applicable Law in the Trial of Patent Dispute Cases have also made relevant provisions. In addition, the patentee can not only claim compensation for economic losses, but also take measures to restore the patentee's business reputation.
(2) Administrative sanctions against infringement. The patent law stipulates administrative responsibilities for acts such as counterfeiting other people's patents, revealing state secrets, and engaging in malpractices for personal gain. In addition, Articles 58 and 59 of China's Patent Law also stipulate administrative liability for acts that infringe upon the legitimate rights and interests of inventors or designers.
(3) Criminal sanctions for infringement. According to patent law? Patent infringement mainly gives civil sanctions? But sometimes criminal sanctions are needed. Article 58 of the Patent Law clearly stipulates: "If a crime is constituted, criminal responsibility shall be investigated according to law".