1. The Patent Law stipulates what legal responsibilities should be borne by counterfeit patents
1 , Those who counterfeit patents shall bear the following legal liabilities:
(1) Civil liability. For example, stop the infringement, eliminate the impact, compensate for losses, etc.
(2) Administrative responsibilities. The department responsible for patent law enforcement shall order corrections and make an announcement, confiscate the illegal income, and may impose a fine of not more than five times the illegal income; 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.
(3) Criminal liability. If counterfeiting a patent constitutes a crime, criminal liability shall be pursued in accordance with the law.
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 exactly does the act of counterfeiting patents include?
(1) Marking a patent logo on a product or its packaging that has not been granted a patent right, and continuing to mark the product or its packaging after the patent right is declared invalid or terminated Mark a patent logo on the product, or mark the patent number of another person on the product or product packaging without permission;
(2) Selling the products mentioned in item (1) ;
(3) In product manuals and other materials, the technology or design that has not been granted patent rights is called patented technology or patented design, the patent application is called patent, or the patent number of others is used without permission , causing the public to mistake the technology or design involved for patented technology or design;
(4) Forging or altering patent certificates, patent documents or patents Application documents;
(5) Other behaviors that confuse the public and mistake unpatented technology or designs for patented technologies or patented designs.
Mark the patent logo on patented products, products directly obtained according to the patented method or their packaging in accordance with the law before the expiration of the patent right, and promise to sell or sell the products after the expiration of the patent right. products, it does not constitute counterfeiting of patented products.
Selling products that are not known to be counterfeited patented products and can prove the legal origin of the product shall be handled by the patent management department. Ordered to stop sales, but exempted from fines.
According to the provisions of the Patent Law, if a patent is counterfeited, the counterfeiter must bear civil liability, such as stopping the infringement. , compensation for losses, etc.; if it does not constitute a crime, administrative responsibilities such as confiscation of illegal gains and fines will be imposed; if it constitutes a crime, criminal liability will be pursued. I hope the above content can be helpful to you. If you have other questions, you can click the button below to consult. Or go to the Legal Savior website to consult a professional lawyer.
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