What is the nature of counterfeiting others' patents? Article 84 of the Detailed Rules for the Implementation of China's Patent Law stipulates that the following acts belong to counterfeiting other people's patents: (1) without permission, marking the patent number of others on the products manufactured or sold by them; (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 above provisions are exhaustive, that is to say, the act of counterfeiting others' patents can only be one or a combination of the above four acts. According to this article and the detailed rules for the implementation of the Patent Law, there are three elements of counterfeiting: First, there must be counterfeiting, that is, a patented product that shows in some way that its products are protected by others without the permission of the patentee, or a patented method whose methods are protected by others, thus misleading the public or relevant personnel. Second, counterfeiting must be the patent that others have obtained and actually exists, which is the difference between counterfeiting other people's patents and impersonating patents. If a nonexistent patent is fraudulently used, it constitutes impersonation of a patent. Third, the act of counterfeiting other people's patents should be intentional, and all the above acts are intentional. The act of counterfeiting other people's patents shall meet the following conditions (1). (2) The counterfeit must be the patent that others have obtained and actually exist; (3) The act of counterfeiting others' patents should be intentional. The acts of counterfeiting other people's patents include the following: 1, and the patent number of other people is marked on the products or product packages it manufactures or sells; 2. Using other people's patent numbers in advertisements or other claims makes people mistake the designed technology for other people's patented technology; 3. Use the patent number of others in the contract, which makes people mistake the technology designed in the contract for the patented technology of others; 4. Forging or altering other people's patent certificates, patent documents or patent application documents. What are the responsibilities of counterfeiting patents? If counterfeiting another person's patent constitutes infringement of another person's patent, it shall bear civil liability for infringement damage. The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement. 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. There have been lawyers online for a long time. If you want to know all the contents of counterfeiting other people's patents, you can consult a lawyer directly online.
Legal objectivity:
Counterfeiting another person's patent refers to the act of using the patent mark without the permission of the patentee. Article 2 16 of the Criminal Law stipulates that "whoever imitates 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 only be fined". This is the only provision of criminal law on patent crime, and the meaning of "counterfeiting others' patents" is not clearly defined. Before the revision, the Patent Law and its implementing rules did not clearly define the constitution of counterfeiting others' patents. Paragraph 1 of Article 63 of the original Patent Law stipulates that "counterfeiting the patent of others shall be handled in accordance with the provisions of Article 60 of this Law; If the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 127 of the Criminal Law. There are some ambiguities and even mistakes in the understanding of "counterfeiting others' patents" in theory and judicial practice. The constitutive requirements of counterfeiting others' patents are as follows: After years of discussion and research, Article 84 has been added to the detailed rules for the implementation of the new Patent Law, which came into effect on July 1 2006, stipulating that "the following acts are acts of counterfeiting others' patents: (1) marking others' patent numbers on products manufactured or sold by them without permission; (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: First, the relationship between the act of counterfeiting others' patents and the act of exploiting others' patents without permission (that is, patent infringement). The second is the relationship between counterfeiting other people's patents and counterfeiting 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.