How to punish patent counterfeiting

In daily life, everyone is very familiar with patent rights. In social development, many incidents of counterfeit patent infringement and other incidents occur frequently. So, according to national laws and regulations, how should patent counterfeiting be punished? Next, the editor of Legal Savior Network has compiled relevant legal knowledge for you to read. I hope it will be helpful to you.

How to punish patent counterfeiting

Patent counterfeiting is infringing on other people’s patents. Once the infringement is determined, the Administrative penalties such as fines will be imposed by the patent administrative department. If the infringer is sued, the other party may need to bear civil liability and compensate the infringed party for losses. Of course, if the counterfeiting of someone else's patent is serious, you will need to bear criminal liability.

According to legal provisions, if the patent rights of others are infringed, the legal liability that the infringer will bear includes civil liability, administrative liability and criminal liability.

1. Administrative responsibilities. For patent infringement, the patent management department has the power to order the infringer to stop the infringement, order corrections, impose fines, etc. At the request of the parties, the patent management department can also mediate the amount of compensation for patent infringement.

2. Civil liability. This responsibility is mainly to stop infringement, compensate for losses, and eliminate the impact.

3. Criminal liability. According to the provisions of the Patent Law and Criminal Law, if the circumstances are serious and the person counterfeiting the patent of others is serious, the person directly responsible will also be held criminally responsible. According to the regulations, there is such a In more serious cases, they will be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and will also be fined or fined alone.

"Criminal Law" Article 216 [Crime of Counterfeiting Patent] Whoever counterfeits the patent of others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention , and shall be subject to a fine or only a fine.

The above is The editor of the Legal Savior Network has compiled relevant knowledge for you about "how to punish patent counterfeiting". The specific content is introduced in detail in the article. I hope it can help you answer your questions. If you have any questions, please feel free to contact us at the Legal Savior Network Get legal advice.