1. What are the patent infringement responsibilities of the online sales platform?
Infringement of patent rights shall bear the following civil liabilities in China:
1, stop patent infringement. Stopping patent infringement is the first responsibility that all civil torts that are still going on when they are sued. Patent infringement is no exception.
2. compensate for the losses. For the patent infringement that causes losses, the actor shall not only stop the infringement, but also bear the responsibility of compensating for the losses.
3. Eliminate the impact. If the infringement causes damage to the patentee's goodwill, the infringer shall bear the responsibility of eliminating the impact, and make a statement through the media or publish the infringement judgment and decision to eliminate the adverse impact of the infringement on the patentee.
4. apologize.
Second, what are the ways to obtain patent evidence?
1, collect evidence by himself and entrust a lawyer to investigate and collect evidence.
Due to the strong professionalism of intellectual property cases, it will be difficult for the obligee to obtain evidence by himself, and it is very difficult to accurately grasp the direction and scope of obtaining evidence. Lawyers specialize in legal work and provide legal services to the society as their profession.
Lawyers not only have rich legal knowledge, but also have rich experience in handling cases and skilled litigation skills, and can make appropriate choices for the parties at different stages of litigation. Generally speaking, it is much more convenient for lawyers to investigate and collect evidence than the parties, and the scope of evidence collection is more extensive and accurate. In judicial practice, judges often treat lawyers differently and provide more convenience.
2. Apply to the notary office for evidence preservation.
One of the statutory businesses of the notary office is to "preserve evidence". Notarized evidence has the effect of presumption of truth. Article 59 of the Civil Procedure Law stipulates: "The people's court shall confirm the validity of notarized legal acts, legal facts and documents. However, unless there is enough evidence to the contrary to overturn the notarial certificate. " The evidence preservation of notary office has the same effect as that of the court ex officio. Before litigation, the parties can make full use of the notary office to collect and preserve evidence, which is an effective measure to make good preparations before litigation.
3. Apply to the court for evidence preservation before litigation.
Article 25 of the Supreme Court's Provisions on Several Issues of Evidence in Civil Litigation: "If there are provisions in laws and judicial interpretations on the preservation of evidence before litigation, it shall be handled in accordance with such provisions". This establishes a legal basis for the parties or interested parties to apply to the court for pre-litigation evidence preservation.
4. Apply to the people's court for evidence.
Article 64 of China's Civil Procedure Law stipulates that the people's court shall investigate and collect evidence that the parties and their agents cannot obtain on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. Based on this, when the parties file patent infringement, trademark infringement and copyright infringement lawsuits, they often apply for evidence collection.
To sum up, no matter whether it is sold on the online sales platform or in a physical store, as long as the patent of others is infringed, it will bear the corresponding legal responsibility, and the infringer will also bear the tort liability, and the lighter will bear the civil liability. If the circumstances are serious, they need to bear criminal responsibility.