How to identify the infringement of utility model invention

Infringement of utility model inventions may be subject to administrative or criminal punishment. Once the utility model of others is found to be infringed, whether it is a complaint by the obligee or an inspection by the patent department, the infringer will first be subject to administrative penalties such as the patent department immediately stopping the infringement, correcting it in time and accepting a fine. If the case constitutes a crime, the criminal responsibility of the party concerned will also be investigated.

legal ground

Article 63 of the Patent Law of People's Republic of China (PRC)

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 64

The administrative department for patent affairs may, when investigating and dealing with suspected patent counterfeiting according to the evidence obtained, require 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.