1. Multiple-choice questions
1. Company A and Company B signed a sales contract to purchase a piece of equipment produced by Company B at the market price, and the delivery was completed by both parties. After the equipment was put into use, Company C sued Company A in court, claiming that the equipment was a patented product of Company C and that Company B had manufactured and sold the equipment without permission, and requested the court to order Company A to stop using it. After investigation, it was found that Company B’s infringement was true, but Company A did not know about it. Regarding this case, which of the following actions by the court is correct? (2016/Wednesday/14)
A. Reject Company C’s claim
B. Order Company A to pay for the patent License royalties
C. Order Company A and Company B to bear joint liability
D. Order Company A to pay the patent license fees first, and then Company B to compensate A for losses
Reference answers
1. Test focus on patent infringement
Answer A. Analysis: Article 25 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Dispute Cases (II)" (hereinafter referred to as the "Interpretation of Patent Rights Disputes II") stipulates that: "Use or promise for production and business purposes" If a person sells or sells a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee, and provides evidence to prove the legal source of the product, the people's court shall respond to the right holder's request to stop the above-mentioned use, offer for sale, or sale. shall be supported, unless the user of the allegedly infringing product provides evidence to prove that he has paid a reasonable consideration for the product. The term "not knowing" as mentioned in the first paragraph of this article means actually not knowing and should not know. The term "legal sources" as mentioned in the first paragraph of this article refers to the acquisition of products through normal commercial methods such as legal sales channels and ordinary sales contracts. For legal sources, users, prospective sellers or sellers should provide relevant evidence that complies with transaction practices. Item A is correct and elected.
A can continue to use it without paying any more fees. Special note: If what is stolen is not a patent, but a technical secret and is sold without the buyer knowing and paying a reasonable price, the buyer should pay a fee to continue to use it. (Different reasons: once the patent is disclosed, it is easier to steal, so we must focus on protecting the bona fide purchaser; but if the technical secret is not disclosed, it is relatively difficult to steal, so we must focus on protecting the owner of the technology.) Article 12 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Technology Contract Dispute Cases" (hereinafter referred to as the "Technology Contract Interpretations") stipulates that, in accordance with the provisions of Article 329 of the Contract Law, infringement of other people's technology After a secret technology contract is confirmed to be invalid, unless otherwise provided by laws and administrative regulations, the party that acquired the technology secret in good faith may continue to use the technology secret within the scope when it obtained it, but shall pay a reasonable fee to the right holder. royalties and confidentiality obligations. If the two parties collude maliciously or one party knows or should know that the other party has infringed but still concludes or performs a contract with it, it is a joint infringement. The People's Court shall order the infringer to bear joint and several liability for compensation and confidentiality obligations. Therefore, the party who obtained the technical secrets shall not Continue to use this technical secret?. Article 13 of the "Technology Contract Interpretation" stipulates that if a dispute arises between a person who can continue to use a technical secret in accordance with the first paragraph of the previous article and the right holder regarding the payment of royalties, either party may request the People's Court to handle it. If you continue to use a technical secret but refuse to pay the royalties, the people's court may order the user to stop using it at the request of the right holder. When determining the royalties, the people's court may base the royalties on the rights holder's usual licensing of the technical secrets or the royalties paid by the user to acquire the technical secrets, and take into account the research and development costs of the technical secrets, the degree of achievement transformation and application, and the use of the technical secrets. The scale of human use, economic benefits and other factors should be reasonably determined. Regardless of whether the user continues to use the technical secret, the people's court shall order the user to pay royalties for the period of use to the right holder. The royalties paid by the user to the assignor of the invalid contract shall be returned by the assignor. Two items B and D are wrong and will not be elected.
Because A is unaware and has no intention to contact, it does not constitute intentional infringement and infringement, so A does not bear joint liability. Item C is wrong and cannot be selected.
Therefore, choose A for this question.
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