China's foreign-related intellectual property disputes continue to increase. What are the legal responsibilities of patent infringement?

Legal analysis: The legal responsibilities of patent infringers include civil liability, administrative liability and criminal liability. Civil liability includes stopping the infringement, compensating the losses and eliminating the influence. 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.

Legal basis: Article 71 of the Patent Law of People's Republic of China (PRC).

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. For intentional infringement of patent rights, if the circumstances are serious, the amount of compensation can be determined in accordance with the above method.

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 the amount of compensation to be between 30,000 yuan and 5 million yuan according to the type of patent right, the nature and circumstances of the infringement, etc.

The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

In order to determine the amount of compensation, the people's court may order the infringer to provide the account books and materials related to the infringement if the obligee has tried his best to provide evidence and the account books and materials related to the infringement are mainly held by the infringer; If the infringer fails to provide or provide false account books and materials, the people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.