One, someone accused me of appearance patent infringement?
If the situation is true, you need to bear the tort liability. If there is no infringement, you can reply according to law.
code of civil law
Article 128
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
If the defendant fails to submit the defense, it will not affect the trial of the people's court.
Second, what circumstances can postpone the trial after the appearance patent infringement dispute is sued?
(a) the parties who must appear in court and other participants in the proceedings have justified reasons for not appearing in court;
(2) The party concerned temporarily applies for withdrawal;
(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest or make supplementary investigations;
(4) Other circumstances that should be postponed.
3. What is the debate process after the trial of the appearance patent infringement dispute?
(a) the plaintiff and his agent ad litem to speak;
(two) the defendant and his agent ad litem reply;
(three) the third person and his agent ad litem to speak or reply;
(4) Debate with each other.
Four, how to determine the compensation standard of patent infringement?
1. The amount of compensation for patent infringement shall be determined according to the actual 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 obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee.
2. Intentional infringement of patent rights, if the circumstances are serious, can be determined in accordance with the above method to determine the amount of compensation for more than one time and less than five times.
3. 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 30,000 yuan to 5 million yuan according to factors such as the type of patent right, the nature and circumstances of the infringement.
4. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
In the case of appearance patent infringement dispute, the other party has the right to sue, but the legitimate rights and interests of the defendant are also protected by law, and the defendant can reply or even counterclaim. The court made a judgment based on the evidence provided by the original defendant and the national legal system. However, if the relevant evidence proves that there is an infringement of the design patent, the court will generally support the plaintiff's appeal.