Punishment method for export product infringement: The patent management department shall order the infringer to immediately stop the infringement and may impose corresponding fines according to the circumstances. If the perpetrator's infringement is serious and constitutes a crime, he shall also bear corresponding criminal penalties.
Legal Basis
Article 65 of the Patent Law that came into effect on June 1, 2021
Implementing the patent without the permission of the patentee , that is, if a dispute arises due to infringement of its patent rights, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle it. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.