According to the relevant laws and regulations of our country, the legal responsibilities that patent infringers should bear include civil liability, administrative liability and criminal liability.
(1) administrative responsibility: the department in charge of patent work has the right to order the infringer to stop the infringement, make corrections, impose fines, etc. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned.
(2) Civil liability.
1. Stop the infringement: The patent infringer shall immediately stop the ongoing patent infringement according to the decision of the department in charge of patent work or the judgment of the people's court.
2. The amount of compensation for patent infringement shall be determined according to the losses suffered by the patentee or the interests gained by the infringer; If it is difficult to determine the losses suffered by the infringer or the benefits obtained by the infringer, it can be reasonably determined by referring to the multiple of the patent license fee.
3. Eliminating the influence: When the infringer's infringement damages the goodwill of the patented product in the market, the infringer should take appropriate measures to bear the legal responsibility of eliminating the influence, and admit his own infringement to eliminate the adverse influence on the patented product.
(3) Criminal responsibility: In accordance with the provisions of the Patent Law and the Criminal Law, if the circumstances are serious, the person directly responsible shall be investigated for criminal responsibility.
Legal basis: Article 65 of the Patent Law of People's Republic of China (PRC).
The amount of compensation for infringement of patent rights shall be determined according to the actual losses suffered by the obligee due to infringement; If the actual loss is difficult to determine, it can be determined according to the interests obtained by the infringer due to infringement. If it is difficult to determine the loss of the obligee or the interests of the infringer, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.
If it is difficult to determine the loss of the obligee, the benefits obtained by the infringer and the patent license fee, the people's court may determine the compensation of more than 1 10,000 yuan and less than1100,000 yuan according to the type of patent right, the nature and circumstances of the infringement.