1. Counterfeiting patents includes the act of counterfeiting other people's patents, and the act of passing off non-patented products as patented products and passing off non-patented methods as patented methods.
The following acts are acts of counterfeiting other people's patents:
(a) without permission, mark the patent number of others on the products or product packages manufactured or sold by it;
(two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology or design involved for the patented technology or design of others;
(3) Using the patent number of another person in a contract without permission, causing people to mistake the technology or design involved in the contract for the patented technology or design of another person;
(4) Forging or altering other people's patent certificates, patent documents or patent application documents.
The following acts belong to the act of passing off non-patented products as patented products and passing off non-patented methods as patented methods:
(1) manufacturing or selling non-patented products marked with patent marks;
(two) after the patent right is declared invalid or terminated, the patent mark is continued on the products manufactured or sold by it;
(3) Calling a patent application a patent and calling a non-patented technology or design a patented technology or design in advertisements or other promotional materials;
(four) in the contract, the patent application is called a patent, or the non-patented technology or non-patented design is called a patented technology.
Or patented design;
(5) Forging or altering patent certificates, patent documents or patent application documents.
Two, counterfeit patents shall bear the following legal responsibilities:
1, civil liability. If counterfeiting other people's patents also constitutes infringement of other people's patents, they should bear civil liability for infringement damage.
2. Administrative responsibility. 1) shall be ordered to make corrections and make an announcement; 2) Confiscation of illegal income; 3) A fine of less than 4 times the illegal income may be imposed. If there is no illegal income, a fine of less than 200,000 yuan shall be imposed.
3. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.