Legal analysis: To define appearance patent infringement, the following elements should be met:
1. The object of the infringement should be a valid patent that enjoys patent rights in my country.
2. There are illegal acts. That is, the perpetrator has exploited the patent for profit without the permission of the patentee.
3. The perpetrator is subjectively at fault. The subjective fault of the infringer includes intentionality and negligence.
4. The purpose should be production and operation.
Legal basis: "The People's Republic of China and the Civil Code"
Article 120 If civil rights and interests are infringed, the infringed party has the right to request the infringer to bear tort liability .
Article 183: If one is harmed due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.
Article 1,167 If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.
Article 1,168 If two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability.