According to Article 84 of the Detailed Rules for the Implementation of the Patent Law, this kind of behavior belongs to counterfeit patent. According to Article 63 of the Patent Law, in addition to bearing civil liability according to law, the administrative department for patent affairs shall order it to make corrections and make a public announcement, confiscate its illegal income, and may impose a fine of less than four times its illegal income. If there is no illegal income, a fine of less than 200,000 yuan may be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
In addition, according to Article 12 of the Advertising Law, if an advertisement involves a patented product or patented method, the patent number and patent type shall be indicated; It is forbidden to use patent applications that have not been granted patent rights and patent advertisements that have been terminated, revoked or invalid. In case of violation, the administrative department for industry and commerce will impose a fine of less than 654.38+10,000 yuan on the advertiser, and product packaging and webpage promotion belong to the advertising category.
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