Why not misappropriating a patent

In the case of counterfeiting patents, in addition to civil liability in accordance with the law, the department in charge of patent work shall order corrections and make announcements. The illegal income shall be confiscated and a fine not exceeding four times the illegal income may be imposed concurrently. If a crime is constituted, criminal responsibility shall be investigated according to law.

The patent number of another person is not yours, you know it well, and you misappropriated it intentionally. How can it be unknowing? Legally speaking, if it is not intentional, it is not for profit, Does not constitute an illegal act, but should be returned unjustly.

1. Article 60 The implementation of its patent without the permission of the patentee, that is, infringement of its patent right, causing disputes shall be resolved through consultation between the parties; if unwilling or unsuccessful negotiation, the patentee or interested party may report to the people The court can also file a lawsuit with the department in charge of patent work. When the administrative department of patents determines that the infringing act is established, it may order the infringer to stop the infringing act immediately. If the party disagrees, he or she may report to the people within 15 days from the date of receiving the notice of the processing If the infringer does not sue and ceases the infringement after the expiration of the term, the department in charge of patent work may apply to the people s court for enforcement. At the request of the parties, the administrative department that handles patents may mediate the amount of compensation for patent infrin gement; if the mediation fails, the parties may sue to the people s court in accordance with the Civil Procedure Law of the People s Republic of China.

2. Article 63: Whoever counterfeits patents shall, in addition to bear civil liability in accordance with the law, be ordered to make corrections and be announced by the department in charge of patent work. The illegal income shall be confiscated and a fine not exceeding four times the illegal income may be imposed concurrently; if there is no illegal income, A fine of less than 200,000 yuan may be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.

Infringement of patent rights is a civil dispute and does not constitute a crime. In the case of counterfeiting patents, in addition to civil liability in accordance with the law, the administrative department of patents shall order corrections and make announcements. The illegal income shall be confiscated and a fine not exceeding four times the illegal income may be imposed concurrently.

Leave a Reply

Your email address will not be published. Required fields are marked *