For those who counterfeit patents, the amount of fines stipulates the following two points. As follows:
1. A fine of not more than five times the illegal income may be imposed;
2. If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of 250,000 yuan may be imposed. the following fines.
The subject of the crime of patent counterfeiting is a general subject, which can be constituted by enterprises, institutions and individuals. The subjective aspect of the crime of patent counterfeiting is intentional, generally with the purpose of illegally obtaining economic benefits, but sometimes it is for the purpose of harming the reputation of others and destroying the patent rights and interests of others. The purpose does not affect the establishment of the crime of patent counterfeiting. The objective aspect of the crime of patent counterfeiting is that it violates national patent management regulations, counterfeits patents granted to others within the validity period of patents stipulated by law, and infringes on the patent rights and interests of others, with serious circumstances. The object of infringement by the crime of patent counterfeiting is the patent ownership of others.
Legal basis: Article 68 of the Patent Law of the People's Republic of China
Whoever counterfeits a patent, in addition to bearing civil liability in accordance with the law, shall be responsible for the enforcement of patents by the department responsible for patent enforcement. Order corrections and make an announcement, confiscate the illegal gains, and may impose a fine of not more than five times the illegal gains; if there are no illegal gains or the illegal gains are less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, the person shall be investigated in accordance with the law. criminal responsibility.