Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered to make corrections by the patent management department and make an announcement, confiscate the illegal gains, and may also impose a fine of not more than four times the illegal gains; if there are no illegal gains, A fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
If someone else’s patent number is not yours, you are aware of it. If you misappropriate it, it is intentional. How could you be unaware of it? Legally speaking, if it is not intentional and is not for the purpose of profit, it does not constitute an illegal act, but the unjust gains should be returned. Legal link, relevant provisions of the "Patent Law of the People's Republic of China"
1. Article 60: Exploiting a patent without the permission of the patentee shall infringe its patent rights and cause Disputes shall be resolved by the parties through negotiation; if they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
2. Article 63: Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the patent management department to make corrections and make an announcement. The illegal gains shall be confiscated and a fine of not more than four times of the illegal gains may be imposed. If there is no illegal income, a fine of not more than 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.