Legal liability of patent infringement
The legal liability of patent infringement is: generally, it needs to bear the liability for civil damages, and if it constitutes an administrative violation, it also needs to bear administrative responsibilities such as stopping the infringement and administrative fines. If the act constitutes a crime of patent infringement, it needs to be tried by the court according to law to confirm that the actor bears the corresponding criminal responsibility. Article 60 of the Patent Law of People's Republic of China (PRC) The patent administration department in the State Council shall promptly notify the patentee of the decision to grant a compulsory license for exploitation, and register and announce it. The decision to grant compulsory license shall stipulate the scope and time of implementation according to the reasons for compulsory license. When the reasons for compulsory license are eliminated and no longer exist, the administrative department for patent in the State Council shall, at the request of the patentee, make a decision to terminate the compulsory license after examination. Article 69 of the Patent Law of People's Republic of China (PRC) * * * When investigating suspected patent counterfeiting, the department responsible for patent law enforcement has the right to take the following measures according to the evidence obtained: (1) Ask the relevant parties and investigate the situation related to the suspected illegal behavior; (two) on-site inspection of the places where the parties are suspected of illegal acts; (3) consulting and copying contracts, invoices, account books and other relevant materials related to suspected illegal acts; (four) to inspect the products related to the suspected illegal acts; (5) Products proved to be counterfeit patents may be sealed up or detained. When handling patent infringement disputes, the administrative department for patent affairs may, at the request of the patentee or interested party, take the measures listed in Items (1), (2) and (4) of the preceding paragraph. When the patent law enforcement department and the patent administration department exercise their functions and powers as prescribed in the preceding two paragraphs according to law, the parties concerned shall give assistance and cooperation, and shall not refuse or obstruct them. Article 47 of the Copyright Law of People's Republic of China (PRC) * * * Radio stations and television stations have the right to prohibit the following acts without their permission: (1) broadcast the programs they broadcast by wired or wireless means; (2) Recording and reproducing radio stations and radio and television; (three) broadcast radio and television to the public through the information network. The exercise of the rights stipulated in the preceding paragraph by radio stations and television stations shall not affect, restrict or infringe upon the exercise of copyright or copyright-related rights by others. The term of protection of rights stipulated in the first paragraph of this article is fifty years, ending on 65438+February 3 1 day in the fiftieth year after the first broadcast of radio and television.