If the person responsible for patent infringement is a seller, according to the second paragraph of Article 63 of China's Patent Law, anyone who uses or sells a product that he knows is patented or directly obtained according to the patented method without the permission of the patentee for the purpose of production and operation shall not be liable for compensation. What do you mean? There are three meanings: (1) As long as the infringing product is used or sold for the purpose of production and operation, 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 source of their products shall not be liable for compensation. Formal purchase contracts and official invoices are required to prove the legal source of the products. Here, these materials are mainly used to prove the "goodwill" of the actor. So, if the actor claims to buy it on Taobao, or in a friend's factory, and so on. , is not exempt. Because we should pay attention to a reasonable source, legal purchase channels, normal sales contracts and reasonable prices here. It is hard to say that it is reasonable and kind to spend 100 yuan on a pair of Gucci bags on Taobao. (three) do not bear the liability for compensation, but should bear the responsibility to stop the infringement. Unsold infringing products shall not be sold again in the market, and shall bear reasonable expenses arising from disputes. Sealed products shall be sealed or destroyed on the spot. As for the loss of the purchased goods, you can only recover from your family.
Legal objectivity:
Article 52 of the Copyright Law of People's Republic of China (PRC) commits one of the following infringements, and shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the circumstances: (5) plagiarizing other people's works. Article 53 of the Copyright Law of People's Republic of China (PRC) has one of the following infringements, and shall bear the civil liability stipulated in Article 52 of this Law according to the circumstances; If the infringement damages the public interest at the same time, the copyright authority shall order it to stop the infringement, give it a warning, confiscate the illegal income, confiscate and harmlessly destroy the infringing copy and the materials, tools and equipment mainly used to make the infringing copy. If the illegal business amount is more than 50,000 yuan, a fine of more than one time and less than five times the illegal business amount may be imposed; If there is no illegal business amount, the illegal business amount is difficult to calculate or less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (8) Making or selling works signed by others.