According to relevant laws and regulations, patent infringement should be settled by the parties through consultation. Unwilling to negotiate or failing to do so, you may request the administrative department for patent affairs to handle it. If the infringement is confirmed at the time of handling, the infringer may be ordered to stop the infringement immediately. If the parties are not satisfied, they can appeal to the court. ?
Generally need to bear the following responsibilities:
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, stop the infringement. It means that the patent infringer should immediately stop the patent infringement under implementation according to the decision of the department in charge of patent work or the judgment of the people's court.
Compensate for the loss. The amount of compensation for infringement of patent rights shall be determined according to the losses suffered by the patentee or the interests gained 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.
Eliminate the influence. When the infringing act of the infringer causes damage to the goodwill of the patented product in the market, the infringer should take appropriate measures to bear the legal responsibility of eliminating the influence and admit his own infringing act in order to eliminate the adverse influence 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.