1. How to punish counterfeit patents
1. Counterfeiting other people’s patents, The following penalties may be imposed:
(1) If counterfeiting of a patent causes losses to the patent owner, the infringer shall be liable for compensation. If the circumstances are serious, punitive penalties shall be imposed. Compensation;
(2) If counterfeiting a patent does not constitute a crime, the department responsible for patent law enforcement shall order corrections and make an announcement, confiscate illegal gains, and impose a fine;
(3) If the circumstances of counterfeiting a patent are serious, it shall constitute the crime of patent counterfeiting and shall bear criminal liability.
2. Legal basis:
"Patent Law of the People's Republic of China" 68 Article
Article 216 of the Criminal Law of the People's Republic of China
2. How to determine the crime of patent counterfeiting
1 , the perpetrator not only counterfeits others' patents, but also produces and sells fake and inferior goods patented by others, it is a crime of absorption. Because the production and sale of counterfeit goods that counterfeit other people's patents are an integral part of counterfeiting other people's patents, the former behavior is absorbed into the subsequent behavior, so the perpetrator's behavior is only determined to constitute the crime of patent counterfeiting, and he will be severely punished, rather than being treated as multiple crimes.
2. The perpetrator not only counterfeits other people's patents but also counterfeits other people's registered trademarks, which meets the requirements for two crimes and should be treated as two crimes. Several crimes should be combined. Punishment.
3. The perpetrator who not only counterfeits patents and registered trademarks of others, but also produces or sells counterfeit and inferior goods should be convicted of several crimes.. Counterfeiting other people's patents and registered trademarks is the premise, and producing or selling counterfeit goods is the result. The latter is absorbed by the former, but counterfeiting other people's patents and registered trademarks are two independent behaviors. Therefore, the perpetrator who not only counterfeits patents and registered trademarks of others, but also produces or sells counterfeit and inferior goods shall be punished for the crime of counterfeiting patents and counterfeiting registered trademarks of others.
According to the provisions of the Patent Law, those who counterfeit other people's patents must first bear civil liability for compensation; if it does not constitute a crime, the patent management department will impose administrative penalties; If the circumstances of patent counterfeiting are serious, it constitutes the crime of patent counterfeiting and shall bear criminal liability. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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