Legal liability and consequences of patent infringement

Legal analysis: The consequences of patent infringement are:

1. Administrative responsibility. For patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order it to make corrections and impose a fine.

2. compensate for the losses. The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee or the interests gained by the infringer;

3. Eliminate the impact. When the infringing act of the infringer damages the goodwill of the patented product in the market, the infringer shall take appropriate measures to bear the legal responsibility for eliminating the influence.

Legal basis: Article 167 of the Civil Code of People's Republic of China (PRC) * * * If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 60 of the Patent Law of People's Republic of China (PRC), if a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it.