How to punish patent infringement
1. Stop infringement
The so-called stop of infringement is Refers to the fact that the infringer shall stop the act of manufacturing, using, offering for sale, selling, and importing patented products or using patented methods without authorization, as well as using, offering for sale, selling, or importing products directly obtained according to the patented method.
2. Compensation for losses
Patent right is a Intangible property, when such property is infringed and causes economic losses to the right holder, the patentee or interested party has the right to require the infringer to compensate for the economic losses in accordance with the law. Calculation method of compensation for loss:
1. The amount of compensation shall be the actual economic losses suffered by the patentee due to infringement.
2. All profits obtained by the infringer from the infringement shall be used as compensation for losses. Forehead.
3. The amount of loss compensation shall be reasonably determined by referring to a multiple of the patent license fee.
3. Eliminating the impact
Eliminating the impact is mainly It is to order the infringer to publish a statement through the news media, such as newspapers and magazines, or to make a speech or statement on radio or television, admitting his infringement and making a guarantee that he will not infringe again.
The above ways of bearing civil liability can be applied individually or in combination.
Types of infringement
1. The act of manufacturing patented products without permission;
2. Intentional use of invention or utility model patented products;
3. Selling or promising to sell unlicensed patented products;
4. The act of using patented methods and using, selling, or promising to sell products directly obtained according to patented methods;
5 , The act of importing patented products or importing products directly obtained according to patented methods;
6. The act of counterfeiting other people's patents;
7. The behavior of counterfeiting patents.
I hope you can handle it more safely when you encounter similar confusion again. The above If the content brought is somewhat different from your actual situation, you are welcome to consult the lawyers of the Legal Savior Network, and we will give you the answer you want based on your own situation.
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