If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and disputes are caused, the parties concerned shall settle them through consultation. If negotiation fails, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately.
Punishment measures for patent infringement: the relevant department responsible for patent law enforcement shall order it to make corrections and make a public announcement, confiscate the illegal income of the infringer, and may impose a fine of less than five times the illegal income. If the infringer has no illegal income or the illegal income is less than 50,000 yuan, he may be fined less than 250,000 yuan.
Determination of patent infringement:
1. Infringed intellectual property rights must be valid.
This requirement requires that the infringed intellectual property rights must be applied in China and verified and approved by China National Intellectual Property Administration. The validity period of intellectual property rights shall not expire, nor shall it be an application that has not been approved, or an application declared invalid by the reexamination board of the Intellectual Property Office. If it does not have the above effect, the lawsuit of intellectual property infringement cannot be carried out.
2. Tort must be clearly defined.
This requirement means that the plaintiff must explain the infringer's behavior in detail and provide sufficient evidence to prove the occurrence of the infringement. In fact, China's relevant laws on intellectual property rights have stipulated this requirement in detail, and pointed out the types of infringement and events that cannot be counted as infringement.
3. The infringement must be for profit, not for profit, as the case may be.
According to the regulations, if the intellectual property is used for profit, the user must obtain the permission of the owner, otherwise it will constitute infringement of intellectual property rights. Therefore, for-profit is also one of the main elements of intellectual property infringement.
4, the occurrence of infringement must be caused by the subjective fault of the infringer.
This requirement holds that no matter whether the infringer's subjective fault is intentional or his own fault, he should be responsible for the loss of intellectual property rights. If the infringer can prove the legality of this act, he may not be liable for compensation, but he still needs to bear the civil liability for stopping the infringement and destroying the infringing products.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC).
If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it.