What will be fined for counterfeiting other people's patents? You will be fined, warned, apologized, and serious may involve criminal punishment. Counterfeiting another person's patent 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. Patents are unique property, and counterfeiting other people's patents without their consent usually constitutes infringement. After the infringer finds the patent administration department or brings a lawsuit directly to the court, he will be punished to some extent and be required to bear the loss compensation. According to the law, if the patent right of others is infringed, the infringer will bear legal responsibilities including civil liability, administrative liability and criminal liability. 1, administrative responsibility. For patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order it to correct, and impose a fine. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned. 2. Civil liability. This responsibility is mainly to stop the infringement, compensate the losses and eliminate the influence. 3. Criminal responsibility. According to the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible will also be investigated for criminal responsibility. Under normal circumstances, if someone is found to be counterfeiting the patent right of others, he will be punished as follows: 1. To provide convenient conditions for production and operation for infringement of others' patent rights, the relevant departments shall first order it to make corrections. 2. Those who knowingly provide convenient conditions for the production and operation of others' patents, such as providing machinery and equipment for the production of patented products, will also be ordered to make corrections and make an announcement, and their illegal income will be confiscated. 3. Others pass off non-patented products as patented products or pass off non-patented methods as patented methods, knowing it, but in order to provide convenience for production and operation, they will be ordered to correct the announcement punishment first, and may also be fined. The above are the answers to these questions, I hope it will help you. If you need help in this area, the website provides online consultation service for lawyers, and you are welcome to make legal consultation.
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Introduction-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. Counterfeiting other people's patents does not necessarily constitute patent infringement: after the revision of the Patent Law and its detailed rules for implementation, the theoretical circle of intellectual property law generally believes that counterfeiting other people's patents is obviously different from patent infringement. According to Article 57 of the Patent Law, patent infringement is defined as "exploiting a patent without the permission of the patentee". According to Article 1 1 of the Patent Law, "implementing its patent" means "manufacturing, using, promising to sell, selling or importing its patented products for production and business purposes, or using its patented method and using, promising to sell, selling or importing products directly obtained according to the patented method", or "manufacturing, selling or importing its patented design products. Article 58 of the Patent Law has deleted the expression "it shall be handled in accordance with the provisions of Article 60 of this Law (the new Patent Law is changed to Article 57)", and made it clear in Article 84 of the Detailed Rules for the Implementation of the Patent Law. See above for details. Therefore, patent infringement directly violates the exclusive right of the patentee to exploit the patent stipulated in Article 1 1 of the Patent Law, that is, the object of infringement is the patent right; The act of counterfeiting others' patents directly infringes the patentee's right to mark as stipulated in Article 15 of the Patent Law, that is, the object of infringement is the right to mark. At the same time, the act of counterfeiting others' patents infringes on the patentee's goodwill, deceives the public, harms the public interest, infringes on the national patent management system, disrupts the normal market order, and is of great social harm. Therefore, as long as an act conforms to the constitutive requirements of the above-mentioned act of counterfeiting others' patents and belongs to one or a combination of the four acts stipulated in Article 84 of the Detailed Rules for the Implementation of the Patent Law, it belongs to the act of counterfeiting others' patents, and it is not necessarily related to whether the act infringes others' patents at the same time. For example, the products manufactured or sold by the actor did not use others' patents without permission, or even used their own patented technology, but used others' patent numbers without permission on their products or product packaging. This kind of behavior obviously does not constitute patent infringement, but it does constitute counterfeiting others' patents. If the circumstances are serious, it constitutes a crime of counterfeiting patents. Of course, in practice, there will often be competition between counterfeiting others' patents and patent infringement. For example, the actor not only exploited the patent of others without permission, but also used the patent number of the patentee on his product or product packaging without permission. This kind of behavior certainly constitutes counterfeiting other people's patents and obviously constitutes patent infringement. But it is not because of the premise of patent infringement that it constitutes counterfeiting others' patents, but it meets the constitutive requirements of counterfeiting others' patents. Therefore, the act of counterfeiting other people's patents is not based on patent infringement, that is, "counterfeiting does not necessarily infringe." The products that counterfeit others' patents can be different from others' patented products, and the methods of counterfeiting others' patents can also be different from others' patented methods.