Legal subjectivity:
The legal liability that a person who commits patent infringement should bear includes civil liability and administrative liability. For patent infringement, the patent management department has the power to order the infringer to stop the infringement, order corrections, impose fines, etc. Civil liability includes stopping the infringement, compensating for losses, and eliminating the impact. Legal objectivity:
Article 68 of the "Patent Law of the People's Republic of China" If a person counterfeits a patent, in addition to bearing civil liability in accordance with the law, the department responsible for patent law enforcement shall order corrections, make an announcement, and confiscate If there is illegal income, a fine of not more than five times the illegal income may be imposed; if there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 65 of the Patent Law of the People's Republic of China without the permission of the patentee shall infringe upon the patentee's patent rights and cause any disputes to be settled through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the dispute shall be resolved by negotiation. The patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the handling patent management department may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties concerned may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.