administrative responsibility
For patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order it to correct, and impose a fine. The administrative department for patent affairs may also mediate the amount of compensation for patent infringement at the request of the parties concerned.
civil liability
1, stop the infringement
Stopping the infringement means that the patent infringer should 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. Compensation for losses
The amount of compensation for infringement of patent rights 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.
Step 3 eliminate the impact
When the infringing act of the infringer damages the goodwill of the patented product in the market, the infringer should bear the legal responsibility of eliminating the influence in an appropriate way and admit his own infringing act to eliminate the adverse influence on the patented product.
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.