1. About design patent rights
Appearance design refers to the aesthetic and suitable design of the shape, pattern or combination of the product, as well as the combination of color, shape and pattern. New designs for industrial applications.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, the design patent shall not be manufactured, offered for sale, sold, or imported for production and business purposes. product.
Any unit or individual that exploits another's patent shall enter into an implementation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
II. Regarding infringement of design patent rights
According to Article 63 of the Patent Law of the People's Republic of China, those who counterfeit patents shall, in addition to bearing civil liability in accordance with the law, The department in charge of patent affairs shall order corrections and make an announcement, confiscate the illegal gains, and may impose a fine of not more than four times the illegal gains; if there are no illegal gains, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. .