Legal analysis
The administrative responsibility for patent infringement is the administrative responsibility for violating the provisions of the patent law and infringing the patent rights of others. In China, it refers to the sanctions imposed by the patent administration department on patent infringement and patent violations according to law. In view of the infringement of others, the patentee or interested party may request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the notice of handling; If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court. For those suspected of counterfeiting patents, the patent administrative department may, based on the evidence obtained, ask the relevant parties and investigate the situation related to the suspected illegal acts; On-site inspection of the places where the parties are suspected of illegal acts; Consult and copy contracts, invoices, account books and other relevant materials related to suspected illegal acts; Inspect products related to suspected illegal acts, and seal up or detain products that are proved to be counterfeit patents. Where a counterfeit patent is established, the administrative department for patent affairs may order it to make corrections and make an announcement, confiscate its illegal income, and may impose a fine of less than 4 times its illegal income; If there is no illegal income, a fine of less than 200,000 yuan may be imposed. The administrative responsibility of patent infringement, the department in charge of patent work has the right to order the infringer to stop the infringement, make corrections within a time limit and impose fines. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned.
legal ground
Article 59 of the Patent Law of People's Republic of China (PRC) * * * If such behavior needs to bear general civil tort liability, the administrative department for patent affairs shall order it to make corrections, and justice can be punished.