A: The Scout Law Online Consultation will answer your question.
According to the second paragraph of Article 63 of the Patent Law, the seller or user can be exempted from the liability for compensation only if the source is "unknown" and "legal", but it still constitutes infringement and should bear the responsibility of stopping the infringement and eliminating the influence. That is to say, for bona fide sellers or users, the principle of no-fault liability should be applied to stop the infringement and eliminate the influence, and the principle of fault liability should be applied to compensate. However, the application scope of this mixed principle cannot be extended to the act of manufacturing or importing patented products.
Fault is not a constituent element of patent infringement. When determining the tort liability of the actor, we should apply the no-fault liability to stop the tort liability, and apply the fault liability and the no-fault liability to compensate the losses according to different occasions. Different imputation principles can be applied to the same patent infringement to determine different civil liabilities, which should be said to be more reasonable than the traditional theory.