If it may constitute a crime, the criminal responsibility of the party concerned shall be investigated according to the crime of counterfeiting patents. According to the law, whoever imitates another person's patent, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined. Counterfeiting other people's patents, suspected of one of the following circumstances, should be filed for prosecution: (1) the amount of illegal business is more than 200,000 yuan or the amount of illegal income is more than 100,000 yuan; (2) Causing direct economic losses of more than 500,000 yuan to the patentee; (3) Counterfeiting more than two patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income amount of more than 50,000 yuan; (4) Other serious circumstances. Related extension: Can the patent department seal up counterfeit products? A: When investigating suspected patent counterfeiting, the competent patent law enforcement department has the right to take the following measures according to the evidence obtained: (1) Ask relevant parties to investigate the situation related to suspected illegal acts; (two) on-site inspection of the places where the parties are suspected of illegal acts; (3) consulting and copying contracts, invoices, account books and other relevant materials related to suspected illegal acts; (four) to inspect the products related to the suspected illegal acts; (5) Products proved to be counterfeit patents may be sealed up or detained.
Legal objectivity:
Article 68 of the Patent Law of People's Republic of China (PRC) * * * Whoever counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order it to make corrections and make a public announcement, confiscate its illegal income, and may concurrently impose a fine of less than five times its illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.