What is the basis of punishment for counterfeit patents in China?
1. What is the punishment basis for counterfeiting patents in China? 1, civil liability. If counterfeiting other people's patents also constitutes infringement of other people's patents, they should bear civil liability for infringement damage. 2. Administrative responsibility. (1) shall be ordered to make corrections and make an announcement; (2) Confiscation of illegal income; (3) A fine of less than 4 times the illegal income may be imposed. If there is no illegal income, a fine of less than 200,000 yuan shall be imposed. 3. Criminal responsibility. If the circumstances are serious enough to constitute a crime of counterfeiting patents, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined in accordance with Article 216 of the Criminal Law. Article 220 Where a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of this section. Second, what are the acts of counterfeiting patents? The following acts are acts of counterfeiting other people's patents: (1) without permission, marking the patent number of others on the products or packages of products manufactured or sold by them; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology or design involved for the patented technology or design of others; (3) Using the patent number of another person in a contract without permission, causing people to mistake the technology or design involved in the contract for the patented technology or design of another person; (4) Forging or altering other people's patent certificates, patent documents or patent application documents. The following acts belong to the act of passing off non-patented products as patented products and passing off non-patented methods as patented methods: (1) manufacturing or selling non-patented products marked with patent marks; (two) after the patent right is declared invalid or terminated, the patent mark is continued on the products manufactured or sold by it; (3) Calling a patent application a patent and calling a non-patented technology or design a patented technology or design in advertisements or other promotional materials; (four) in the contract, the patent application is called a patent, or the non-patented technology and non-patented design are called patented technology and patented design; (5) Forging or altering patent certificates, patent documents or patent application documents. It can be seen that the punishment for this act of impersonating a patent depends on the actual consequences. If the circumstances are serious, counterfeit patents shall be sentenced to fixed-term imprisonment of not more than three years. And impersonating someone else's patent is likely to constitute patent infringement, so this act of impersonating a patent can gain short-term benefits and pay a painful price in the future.