What if you sell infringing products without knowing it?

Selling infringing products refers to selling products that infringe intellectual property rights. Common infringements include trademark infringement and copyright infringement. The crime of selling infringing products is usually intentional, but it is not necessarily knowingly committed. Let's see, what should we do if we sell infringing products without knowing it? 1. What should I do if I sell infringing products without knowing it? Without knowing it, the act of buying or using property that infringes on the patent right of others constitutes infringement, but it is not liable for compensation according to law. In addition, the sales contract needs equal consultation between the two parties, and the meaning can only be reached. The patentee may prevent others from buying infringing products, but has no right to require others to buy products produced by himself. Article 63 of the Patent Law stipulates that any of the following circumstances shall not be regarded as infringement of the patent right:

(1) After the patented product manufactured or imported by the patentee or manufactured or imported with the permission of the patentee or the product directly obtained according to the patented method is sold, the patentee uses, promises to sell or sells the product;

(2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope;

(3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity;

(four) the use of relevant patents for scientific research and experiments. If the use or sale of a patented product that is not known to be manufactured or sold without the permission of the patentee or a product directly obtained by a patented method is used for production and business purposes, it shall not be liable for compensation if it can prove the legal source of the product. Article 3 The parties to a contract have equal legal status, and one party may not impose its will on the other.

Article 4 The parties have the right to voluntarily conclude a contract according to law, and no unit or individual may illegally interfere.

Article 5 The parties shall follow the principle of fairness to determine the rights and obligations of all parties.

Second, whether buying and using infringing products without knowing it is also an infringement. Without knowing it, buying and using products that infringe others' patent rights constitutes infringement, but it is not liable for compensation according to law. In addition, the sales contract needs to be reached through equal consultation between both parties. The patentee may prevent others from buying infringing products, but has no right to require others to buy products produced by himself. Article 69 of the Patent Law shall not be regarded as infringement of the patent right under any of the following circumstances: (1) The patentee or a unit or individual licensed by him uses, promises to sell, sells or imports a patented product or a product directly obtained by a patented method; (2) Having manufactured the same product, used the same method or made necessary preparations for its manufacture and use before the patent application date, and continuing to manufacture and use it only within the original scope; (3) Foreign means of transport temporarily passing through China's territorial waters and airspace use the relevant patents in their devices and equipment for their own needs in accordance with the agreements signed between their countries and China or international treaties to which they are both parties, or on the principle of reciprocity; (four) the use of relevant patents for scientific research and experiments; (5) manufacturing, using or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, or manufacturing or importing patented drugs or patented medical devices exclusively for them.

Third, how will the court judge trademark infringement without knowing it? There are several ways to protect the exclusive right to use a trademark. If the trademark registrant or interested party is unwilling to negotiate with the infringer to solve the intellectual property problem, or if the negotiation fails, the trademark registrant or interested party may also request the administrative department for industry and commerce to handle it, or if the negotiation is unwilling or fails. Judicial approach: self-consultation. Infringement of the exclusive right to use a registered trademark causes disputes. If you are still not sure, you can consult the trademark agency. In the event of a dispute arising from infringement of the exclusive right to use a registered trademark, the trademark registrant or interested party may directly bring a suit in a people's court. Administrative channels.