According to the Patent Law and its related laws, the legal liabilities that the infringer should bear include civil liability, administrative liability and criminal liability. 1. Administrative responsibility for patent infringement. The department in charge of patent work has the right to order the infringer to stop the infringement, make corrections within a time limit and impose a fine. At the request of the parties concerned, the administrative department for patent affairs may also mediate the amount of compensation for patent infringement. 2. Civil Liability (1) Stop Infringement Stop Infringement means that the patent infringer should immediately stop the ongoing patent infringement according to the decision of the department in charge of patent work or the judgment of the people's court. (2) Compensation for losses The amount of compensation for infringement of the patent right shall be determined according to the losses suffered by the patentee due to the infringement or the benefits obtained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee. (3) Eliminating the Impact When the infringer's infringement causes damage to the goodwill of the patented product in the market, the infringer shall bear the legal responsibility for eliminating the impact in an appropriate way and admit his own infringement to eliminate the adverse impact on the patented product. 3. Criminal Responsibility In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.
Legal objectivity:
Article 65 of the Patent Law If a patent is exploited without the permission of the patentee, that is, the patent right is infringed. In case of any dispute, the parties concerned shall settle it 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. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling. If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).