What is the liability for patent infringement?

Legal analysis: registered patents are protected by law. Without the consent of the patentee, no one may use other people's patents, and infringement needs to bear corresponding legal responsibilities. (1) Civil liability for infringement. Patent law mainly adopts civil sanctions for patent infringement. When dealing with infringement, the patent administration organ or the people's court mainly orders the infringer to stop the infringement and compensate the losses. Stopping infringement is the most effective and direct way to prevent further infringement. According to the relevant provisions of the General Principles of the Civil Law, if a patent right is infringed for the purpose of production and operation without permission, the patentee or interested party may request to stop the infringement. At the same time, the patentee or interested party may also request to take preventive measures, such as handling the infringing products that have been produced. The people's court may make a ruling on litigation preservation, order the defendant to stop the infringement, and take litigation preservation measures such as sealing up, distraining, freezing and ordering to provide guarantees. Once the patentee proves the fact of infringement, he can claim compensation for the loss. The principle of publicity should be implemented in the compensation for patent infringement damages, so that the actual losses suffered by the patentee due to infringement can be reasonably compensated. (2) Administrative liability for infringement. China's patent law stipulates administrative responsibilities for acts such as counterfeiting other people's patents, revealing state secrets, and engaging in malpractices for personal gain. In addition, China's patent law also stipulates administrative liability for acts that infringe on the legitimate rights and interests of inventors or designers. Its purpose is to safeguard the legitimate rights and interests of scientific and technological personnel and other personnel engaged in scientific research and creation, so as to protect and motivate their enthusiasm for invention and creation.

Legal basis: Intellectual Property Law of the People's Republic of China

Article 45 Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing and compensating for the losses according to the circumstances:

(1) publishing his work without the permission of the copyright owner;

(2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author;

(three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works;

(4) distorting or tampering with other people's works;

(5) Using a work by means of performance, broadcasting, exhibition, distribution, shooting, video recording, adaptation, translation, annotation or editing without the permission of the copyright owner, except as otherwise provided by this Law;

(six) the use of other people's works, not in accordance with the provisions of the payment;

(seven) live broadcast of their performances without the permission of the performers;

(eight) other acts of infringement of copyright and copyright-related rights and interests.

Article 46 Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, publicly apologizing, and compensating for losses, and may be given administrative penalties such as confiscation of illegal income and fines by the copyright administrative department:

(1) Plagiarism and plagiarism;

(2) reproducing and distributing his works for profit without the permission of the copyright owner;

(3) publishing books with exclusive publishing rights enjoyed by others;

(four) without the permission of the performer, recording and publishing his performance;

(five) without the permission of the producer of audio and video recordings, reproducing and distributing the audio and video recordings made by him;

(six) unauthorized reproduction and distribution of radio and television programs produced by radio stations and television stations;

(seven) the production and sale of counterfeit works of art..