In the case of a dispute over the patent right of a design, if the defendant requests to declare the patent right invalid within the defense period, the people's court shall suspend the lawsuit, but the lawsuit shall not be suspended under any of the following circumstances:
(a) the search report or patent evaluation report issued by the plaintiff did not find the reason that led to the invalidation of the patent right for utility model or design;
(2) The evidence provided by the defendant is sufficient to prove that the technology used by the defendant is known;
(3) The evidence or reasons for the defendant's request to declare the patent right invalid are obviously insufficient;
(4) Other circumstances in which the people's court considers that the lawsuit should not be suspended.
Legal basis: Intellectual Property Law of the People's Republic of China
Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;
(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;
(4) distorting or tampering with other people's works;
(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;
(six) the use of other people's works, not in accordance with the provisions of the payment;
(seven) live broadcast of their performances without the permission of the performers;
(eight) other acts of infringement of copyright and copyright-related rights and interests.
Article 46 Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:
(1) Plagiarism and plagiarism;
(2) reproducing and distributing his works for profit without the permission of the copyright owner;
(3) publishing books with exclusive publishing rights enjoyed by others;
(four) without the permission of the performer, recording and publishing his performance;
(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;
(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;
(seven) the production and sale of counterfeit works of art..