What are the legal responsibilities and consequences of patent infringement?

Legal Liability of Patent Infringement and Consequence of Patent Infringement According to the provisions of the Patent Law and its related laws, the legal liability that the infringer should bear includes civil liability, administrative liability and criminal liability.

1. Administrative responsibility for 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 a fine. At the request of the parties concerned, the administrative department for patent affairs may also mediate the amount of compensation for patent infringement.

2. Civil liability

(1) Stop Infringement Stop Infringement means that the patent infringer immediately stops 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) Compensation for losses The amount of compensation for infringement of the patent right shall be determined according to the losses suffered by the patentee due to the infringement or the benefits obtained 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 Impact When the infringer's infringement causes damage to the goodwill of the patented product in the market, the infringer shall bear the legal responsibility for eliminating the impact in an appropriate way and admit his own infringement to eliminate the adverse impact 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 179 of the Civil Code of People's Republic of China (PRC)? The main ways to bear civil liability are: (1) stop the infringement;

(2) remove obstacles;

(3) eliminating danger;

(4) returning property;

(5) restitution;

(six) repair, rework and replacement;

(7) continue to perform;

(8) Compensation for losses;

(9) Paying liquidated damages;

(ten) to eliminate the influence and restore the reputation;

(eleven) apologize.

Where the law provides for punitive damages, such provisions shall prevail.

The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.