The 2023 Patent Law stipulates how much fines can be imposed for counterfeit patents

Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the department responsible for patent law enforcement to make corrections and make an announcement. The illegal gains shall be confiscated and a fine of not more than five times the illegal gains may be imposed. If there are no illegal gains or the illegal gains are less than 50,000 yuan, A fine of up to RMB 250,000 may be imposed. Regarding the question of how much fines can be imposed for counterfeit patents under the Patent Law, the editor of Legal Savior Network will give you a detailed answer below.

1. The Patent Law stipulates the fine for counterfeiting a patent

1. Counterfeiting For patents, the amount of fines is stipulated as follows:

(1) A fine of not more than five times the illegal income may be imposed;

(2) If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed.

2. Legal basis: "Patent Law of the People's Republic of China"

Sixty-eighth Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered by the department responsible for patent law enforcement to make corrections and make an announcement. The illegal income shall be confiscated and a fine of not more than five times the illegal income may be imposed. If there is no illegal income or the illegal income is less than 50,000 yuan, , a fine of not more than 250,000 yuan may be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

2. What is the crime of patent counterfeiting

The crime of patent counterfeiting refers to the serious act of violating national patent regulations and counterfeiting the patents of others. The crime of patent counterfeiting has the following characteristics:

1. The subject of the crime of patent counterfeiting is a general subject, which can be constituted by enterprises, institutions and individuals.

2. The subjective aspect of the crime of patent counterfeiting is intentionality, generally with the purpose of illegally obtaining economic benefits, but sometimes it is for the purpose of damaging other people's reputation and destroying other people's patents. the purpose of interests. The purpose does not affect the establishment of the crime of patent counterfeiting.

3. The objective aspects of the crime of patent counterfeiting include:Violating national patent management regulations, counterfeiting patents granted to others within the validity period of patents stipulated by law, and infringing other people's patent rights and interests, which is a serious act.

There are various ways of counterfeiting patents. The specific forms include: deceptively registering patents and taking other people’s patents; Mark someone else's proprietary mark or patent number; imitate someone else's patent, misappropriate someone else's patent, exploit someone else's patent without authorization, knowingly traffic in products that imitate or alter someone else's patent, forge or manufacture someone else's patent mark without permission, knowingly sell someone else's forged or unauthorized product Patent marking, importing products counterfeiting other people’s patents, passing off patents, etc. Serious circumstances are essential elements for the crime of patent counterfeiting. Serious circumstances refer to cases in which the counterfeiting of others’ patents is done in a bad way, with a large amount of illegal profit, causing significant damage to the patentee or the country, and causing adverse effects internationally and domestically, etc.

4. The object of infringement by the crime of patent counterfeiting is the patent ownership of others. Patents can be divided into three categories: invention patents, utility model patents and design patents. Patent, an intellectual property right, is an intangible property right and is internationally regarded as the most important right in industrial property rights. The state uniformly manages patents and forms a patent system to protect the rights of technological inventions, encourage inventions and creations, and promote the promotion and application of technological inventions. The act of counterfeiting other people's patents not only infringes upon the country's patent system, but also infringes upon the interests of the patentee.

If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. 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.