What are the serious circumstances of counterfeiting other people’s patents?

Once a Patent is counterfeited by others, the patent owner will feel that his rights and interests have been violated, so he will pass the law to resolve this unfair matter. The problem of counterfeiting other people's patents can be serious or minor. So what are the serious circumstances of counterfeiting other people's patents? Let the editor of Legal Savior Network discuss it together.

What are the serious circumstances of counterfeiting other people's patents

The more serious ones are also It refers to situations where counterfeiting other people's patents causes serious damage to the rights and interests of the patentee, seriously interferes with the order of patent management, or causes serious consequences and a very bad impact on society.

Article 63 of the Patent Law; Anyone who counterfeits a patent shall, in addition to bearing civil liability in accordance with the law, be ordered to make corrections and make an announcement by the patent management department, confiscate the illegal income, and may also impose a fine of not more than four times the illegal income; if there is no illegal income, a fine of not more than 200,000 yuan may be imposed fine; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

"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. A fine may also be imposed or a fine may be imposed.

The amount of compensation for patent infringement shall be determined based on the actual losses suffered by the right holder due to the infringement; if the actual losses are difficult to determine, the amount of compensation may be based on the infringer’s gains due to the infringement. interests are determined. If the loss of the right holder or the benefit obtained by the infringer is difficult to determine, it shall be reasonably determined by reference to the multiple of the patent license fee. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.

The above are the editor’s answers to relevant questions. If you need to know more about legal knowledge, you are welcome to enter the Legal Savior Network for legal consultation. .