Legal analysis: If you purchase second-hand items and then resell them, you do not need to bear infringement liability. The elements that constitute patent infringement include two aspects: formal conditions and substantive conditions.
Among them, formal patent infringement and legal liability cases mainly include:
1) The implementation involves a valid Chinese patent;
2) The implementation must be without the permission or authorization of the patentee;
3) The implementation must be for the purpose of production and business. Whether the perpetrator has subjective intention is not a formal requirement. However, it can be used as a basis for measuring the severity of the circumstances.
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.