Legal analysis
According to relevant laws and regulations, there is no need to pay compensation for selling infringing products without knowing it. If you don't know and you shouldn't know, that is to say, you are a well-intentioned seller and there is no subjective fault, then you can only bear the responsibility of stopping the infringement, and you don't have to bear the responsibility of compensating for the losses. Suspected of infringement, it is necessary to eliminate the relevant infringement according to law and make infringement compensation according to the situation. If infringement does occur, it is suggested to take the initiative to seek reconciliation with the other party and try to avoid expanding the scope, which will lead to greater liability for compensation; If there is no infringement, it shall respond to the lawsuit according to law and safeguard its legitimate rights and interests. If you find that your goods have been infringed by others, you should complain to the relevant departments at the first time, let the relevant departments intervene, get justice for yourself and safeguard your legitimate rights and interests. Doing so can also make the infringer feel pressured, so as to consciously stop his infringement and avoid expanding losses. Ask the infringer to stop the infringement. If his goods are infringed by others, the owner of the goods can ask the infringer to stop the infringement at the first time to avoid the expansion of his own losses. If the infringer does not consciously stop the infringement, the victim can bring a lawsuit to the court, requesting the court to make a judgment according to law and investigate the infringer's responsibility, so that the infringer can be punished as it should and bear his own responsibility. Ask the infringer for compensation. If the infringer infringes the rights of the commodity owner, the commodity owner has the right to demand the infringer to compensate for his own infringement losses. The object of general compensation is calculated according to the actual losses suffered by the commodity owner. If the infringer is unwilling to bear the corresponding liability for compensation, the commodity owner can defend his rights through prosecution and let the law help him defend his rights.
legal ground
Article 77 of the Patent Law of People's Republic of China (PRC) shall not be liable for compensation if it uses, promises to sell or sells an infringing patented product manufactured and sold without the permission of the patentee for the purpose of production and operation, and can prove the legal source of the product.