1. Prosecution Standards for the Crime of Patent Counterfeiting Anyone who is suspected of counterfeiting someone else’s patent and is suspected of one of the following circumstances shall be prosecuted:
(1) The illegal business amount is more than 200,000 yuan Or the amount of illegal income is more than 100,000 yuan; this refers to the situation where the unit or individual infringes the patent rights of others and counterfeits other people's patents, and the cumulative amount of illegal income reaches more than 100,000 yuan.
(2) The direct economic loss caused to the patentee is more than 500,000 yuan; the "direct economic loss" here refers to the direct economic loss caused by the actor's counterfeiting of other people's patents. The actual value of property damaged and reduced does not include indirect economic losses.
(3) Counterfeiting two or more patents of others, with an illegal business amount of more than 100,000 yuan or an illegal income of more than 50,000 yuan; according to the Supplementary Provisions of the "Provisions on the Prosecution Standards for Economic Crime Cases" According to the provisions, it refers to an amount that is close to the amount standards stipulated in items 1 and 2 of the standard for filing this crime, and has reached more than 80% of the amount standard, that is, counterfeiting other people's patents, "the amount of illegal income is more than 80,000 yuan, or giving the patent The amount of direct economic losses caused to the right holder is more than 400,000 yuan." The so-called "received administrative penalties more than 2 times" means that an organization or individual has received 2 or more administrative penalties for counterfeiting other people's patents. The type of punishment, the specific time and the time interval between two punishments will not be affected. As long as an organization or individual has received two or more administrative penalties for counterfeiting other people's patents, and if the amount of illegal gains caused by counterfeiting other people's patents is more than 80,000 yuan, or the amount of direct economic losses caused to the patentee is more than 400,000 yuan, the public security organs A case should be opened for investigation.
2. How to punish the act of counterfeiting patents? Article 68 of the Patent Law: Anyone who counterfeits the patents of others shall, in addition to bearing civil liability in accordance with the law, be ordered to make corrections by the patent administrative department and make an announcement, and the illegal gains shall be confiscated. , a fine of not more than three times the illegal income may be imposed, and if there is no illegal income, a fine of not more than 50,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law. According to Articles 216 and 220 of the Criminal Law, whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, and shall also or solely be fined; if a unit commits this crime, the unit shall be sentenced to a fine, and the person in charge directly responsible for the crime shall be sentenced to a fine. Personnel and other persons directly responsible shall be punished in accordance with the above provisions.