I. What is the administrative penalty for counterfeiting patents Article 63 of the Patent Law: In addition to bearing civil liability according to law, the administrative department for patent affairs shall order it to make corrections and make a public announcement, confiscate its illegal income and may concurrently impose a fine of less than four times its illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. Two. Criminal Punishment for Counterfeiting Patents Article 216 Whoever counterfeits 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 shall only, be fined. Article 220 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section. Three. Elements of Counterfeiting Patents Article 84 has been added to the Detailed Rules for the Implementation of the Patent Law, which stipulates that "the following acts are acts of counterfeiting other people's patents: (1) without permission, marking the patent number of another person on the product or product package that it manufactures or sells; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others; (3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; (4) Forging or altering other people's patent certificates, patent documents or patent application documents ". The expression stipulated in this article of the Detailed Rules for the Implementation of the Patent Law lists in detail four acts of counterfeiting other people's patents, that is, the act of counterfeiting other people's patents can only be one or a combination of the above four acts. At the same time, the elements that constitute the act of counterfeiting others' patents can be summarized as follows: (1) There must be counterfeiting, that is, the patented product that protects its products for others in some way or the patented method that protects its methods for others without the permission of the patentee, thus misleading the public; (two) the counterfeit must be the patent that others have obtained and it is true; (3) The act of counterfeiting other people's patents should be intentional, and the four acts listed in Article 84 of the Detailed Rules for the Implementation of the Patent Law are intentional. Therefore, it can be considered that the detailed rules for the implementation of the Patent Law clearly define the act of counterfeiting other people's patents, which fills the legal gap for the correct application of Article 2 16 of the Criminal Law. A careful analysis of the ambiguities or mistakes in the above theories or judicial practice is the fundamental reason for confusing two pairs of relationships, one is the relationship between the act of counterfeiting others' patents and the act of implementing others' patents without permission (that is, patent infringement), and the other is the relationship between the act of counterfeiting others' patents and the act of impersonating patents. When defining the act of counterfeiting other people's patents, we must recognize these two relations, completely change the original ambiguity and misunderstanding, and strictly implement the principle of legally prescribed punishment for a specified crime.
Legal subjectivity:
Will be subject to administrative punishment. Counterfeiting a patent is an infringement of the patent right of others. If it is infringement, it will bear the relevant legal and administrative penalties. Anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make an announcement, confiscate his illegal income and may impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 63 of the Patent Law stipulates that anyone who counterfeits a patent shall bear civil liability according to law, and the administrative department for patent affairs shall order him to make corrections and make a public announcement, confiscate his illegal income and may concurrently impose a fine of less than four times his illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 64 of the Patent Law: When the administrative department for patent affairs investigates and handles the suspected patent counterfeiting according to the obtained evidence, it may request the relevant parties to investigate the situation related to the suspected illegal act; On-site inspection of the places where the parties are suspected of illegal acts; Consult and copy contracts, invoices, account books and other relevant materials related to suspected illegal acts; Inspect products related to suspected illegal acts, and seal up or detain products that are proved to be counterfeit patents. When the patent administration department exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.