What are the consequences of patent infringement?

Legal analysis: According to 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. 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).

Article 68 stipulates that anyone who counterfeits a patent shall bear civil liability according to law, and the department in charge of patent law enforcement shall order him to make corrections and make a public announcement, confiscate his illegal income and may concurrently impose a fine of less than five times his illegal income; If there is no illegal income or the illegal income is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 69 stipulates that the department in charge of patent law enforcement has the right to take the following measures when investigating suspected patent counterfeiting according to the evidence it has: (1) requiring relevant parties to investigate the situation related to suspected illegal acts; (two) on-site inspection of the places where the parties are suspected of illegal acts; (3) consulting and copying contracts, invoices, account books and other relevant materials related to suspected illegal acts; (four) to inspect the products related to the suspected illegal acts; (5) Products proved to be counterfeit patents may be sealed up or detained.

When handling patent infringement disputes, the administrative department for patent affairs may, at the request of the patentee or interested party, take the measures listed in Items (1), (2) and (4) of the preceding paragraph.

When the patent law enforcement department and the patent administration department exercise their functions and powers as prescribed in the preceding two paragraphs according to law, the parties concerned shall give assistance and cooperation, and shall not refuse or obstruct them.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability.

Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.

Article 168 Where two or more persons jointly infringe and cause damage to others, they shall be jointly and severally liable.