Do you have to go to jail for infringement?

Legal analysis: According to the Tort Liability Law, the tort is a civil dispute. If it does not constitute a crime, it does not need to bear criminal responsibility. If you don't pay civil tort compensation, you may go to jail. If you are unable to pay compensation or don't want to pay compensation, you will go to jail if you can't meet the civil compensation requirements, and you will still have to pay compensation after going to jail. According to the law, anyone who imitates another person's patent shall bear civil liability according to law, confiscate the illegal income and impose a fine of less than three times the illegal income. If there is no illegal income, a fine of not more than 50,000 yuan may be imposed. If a crime is constituted, criminal responsibility shall be investigated according to law.

Legal basis: Article 216 of the Criminal Law of People's Republic of China (PRC). If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined. One paragraph is added to Article 19 and Article 63 of the Decision of NPC Standing Committee on Amending the Patent Law of People's Republic of China (PRC) as the second paragraph: "Where a non-patented product is passed off as a patented product or a non-patented method is passed off as a patented method, the patent administration authority shall order it to stop passing off, publicly correct it and impose a fine." This decision shall be implemented as of 199365438+ 10/day. The patent application filed before the implementation of this decision and the patent right granted according to this application shall be governed by the provisions of the Patent Law before the amendment. However, if the patent application was not published in accordance with the provisions of Articles 39 and 40 of the Patent Law before the implementation of this Decision, the provisions of Articles 39 to 44 and 48 of the revised Patent Law shall apply to the procedures for approval of the patent application and for revocation and invalidation of the patent right. The Patent Law of People's Republic of China (PRC) is revised and re-promulgated according to this decision.