Q: If my friend manufactures design patented products without the permission of the design patent owner, does he need to bear infringement liability?
Answer: Juntong Legal Online Consulting will give you the answer
The person responsible for patent infringement, if it is a seller, shall, in accordance with Article 63, 2 of my country’s Patent Law Item stipulations: If the use or sale for the purpose of production and operation is unknown to be a patented product sold without the permission of the patentee or a product directly obtained according to a patented method, and its legal origin can be proven, no liability for compensation will be borne.
What does it mean? It has three meanings:
(1) As long as the infringing product is used or sold for production and business purposes, it constitutes patent infringement. In other words, selling other people's patented products without permission is definitely an infringement.
(2) Those who can prove the legal origin of their products will not be liable for compensation. Visitors must produce a formal purchase contract and formal invoice to prove the legal source of the product. The main purpose here is to use these materials to prove the "goodwill" of the perpetrator. Therefore, if the perpetrator claims that he bought the goods on Taobao, or purchased the goods from a friend’s factory, etc., he cannot be exempted from liability. Because here we need to pay attention to a reasonable source, legal purchase channels, normal sales contracts, and reasonable prices. It’s hard to say that buying a pair of Gucci bags for 100 yuan on Taobao is reasonable and well-intentioned.
(3) It is not liable for compensation, but it shall bear the legal responsibility to stop the infringement. Unsold infringing products shall not be sold in the market again, and it shall bear the reasonable expenses incurred due to the dispute. The seized products should be sealed or destroyed on site. As for the loss of purchased goods, you can only seek recourse from your previous seller.