What you said constitutes patent infringement. At the same time or separately, producers and sellers may be required to stop production and sales and make tort compensation. Last year, this year was a year when the Central Committee explicitly called for and actively promoted "building an innovative society". The State Council clearly launched a long-term special campaign to crack down on the infringement of intellectual property rights and the manufacture and sale of counterfeit and shoddy goods from the end of 20 10 to the end of 20 165438, and once again decided to adjust the end time of the special campaign from the end of March 2065438 to. The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security have also separately or jointly issued measures and explanations on further implementing and strengthening judicial protection of intellectual property rights. It can be seen that the protection of intellectual property rights across the country is in full swing. Therefore, administrative management and judicial proceedings are feasible ways to protect the rights of intellectual property infringement that infringes patent rights. Route 1. Report to the local intellectual property office, and the intellectual property office shall take administrative compulsory measures to order it to stop the infringement, preserve evidence to obtain relevant evidence of infringement compensation, destroy special molds and equipment, and shall not transfer the infringing products that have been manufactured or stocked, and shall not put the products on the market in any form; Route 2. Bring a lawsuit to a court with jurisdiction, claiming: stop the infringement, compensate for the losses, etc. If it constitutes a crime seriously, it shall report to the public security organ and be investigated for criminal responsibility. The Patent Law clearly stipulates the basis and scope of compensation: the amount of compensation for patent infringement is determined according to the actual loss 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. It can be seen that the scope of compensation is to determine the responsibility of the infringer according to the implementation of the patented technology. The amount of damages shall be determined according to the actual economic losses suffered by the patentee. In this calculation method, the actual loss of the patentee includes: (1) the loss of unsalable or reduced-price sales of patented products after occupying the sales market. Because the infringing products are shoddy, there is no investment in research and development, the quality of the products is poor, the cost is low, and most of them are lower than the patented products. (2) Loss of profit caused by sales decline. After a large number of infringing products enter the market, on the one hand, they occupy the sales market of patented products, on the other hand, because most of the infringing products are fake and inferior products, the reputation of patented products is affected. (3) the cost of collecting evidence of infringing products. (four) the cost of issuing an announcement or invention statement to stop the infringement and preserve the reputation. (5) Travel expenses, attorney fees, witness fees, etc. Pay for tort litigation. (6) Fees for acceptance, appraisal and investigation of infringement litigation. (seven) other expenses that have a causal relationship with the infringement. Only when the actual economic losses suffered by the patentee are difficult to determine can the compensation amount be determined by other means.
Legal objectivity:
Article 69 of the Patent Law of People's Republic of China (PRC) shall not be regarded as infringement of the patent right under any of the following circumstances: (1) The patentee or a unit or individual licensed by him uses, promises to sell, sells or imports the patented product or the product directly obtained by the patented method after selling it; (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; (3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity.