Is it illegal to buy and sell patent infringing products?
It depends on whether the buyer knows that the product is an infringing product.
Patent infringement shall meet the following conditions at the same time:
(a) the object of infringement:
That is, the infringement must be a patented product or method protected by the patent law, and the implementation of an expired, invalid or abandoned patent does not constitute infringement;
(2) there is a statutory infringement:
Such as manufacturing, using, selling or promising to sell or import other people's patented products, or using other people's patented methods to use, sell or import products directly obtained by this method;
(3) For the purpose of production and operation:
That is, the act of exploiting another person's patent for profit, if the patented technology is used exclusively for scientific research and experiments, or the patented product or patented method is used for non-profit purposes such as personal hobbies or personal use, it is not patent infringement;
(4) Without the permission of the patentee:
If it is carried out with the permission or acquiescence of the patentee, it does not constitute infringement.
The legal responsibilities of patent infringement include stopping the infringement, compensating the losses, eliminating the influence, making an apology, etc.
After discovering the patent infringement, the patentee or interested party may, according to law, request the patent administration authorities (i.e. provincial and municipal intellectual property offices) to mediate or bring a lawsuit to the people's court with jurisdiction, and demand the infringer to stop the infringement and compensate for the losses.