Selling infringing products without knowledge is considered infringement.

Unknowingly purchasing and using products produced infringing the patent rights of others constitutes infringement, but you are not liable for compensation according to law. In addition, the sales contract requires equal negotiation between both parties and can only be reached when the parties agree. The patent owner can prevent others from purchasing infringing products but has no right to require them to purchase the products they produce.

If any dispute arises due to infringement of the exclusive right to use a registered trademark, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may file a lawsuit with the People's Court or request the industrial and commercial administration to Handled by the administrative department. If the industrial and commercial administrative department determines that the infringement is established, it shall order the infringement to cease immediately. Confiscate and destroy infringing goods and tools mainly used to manufacture infringing goods and forge registered trademarks.

The responsibilities that should be borne by those who sell products that are not aware of the infringement include:

Infringement but no liability for damages does not mean that they do not assume any liability. If this is the case, the infringement must be stopped.

1. If you use or sell for production and business purposes a patented product that is not known to be manufactured and sold without the permission of the patentee, or a product directly obtained according to a patented method, and the legal source of the product can be proven, No liability for compensation. The so-called "legal source" means that the user or seller purchases from others through legal purchase channels, normal sales contracts and reasonable prices.

2. You still have to bear the legal responsibility to stop the infringement. That is to say, a person who sells patent infringing products in good faith shall not sell any more products from the moment he learns that the products he sells are infringing products, otherwise it will constitute an infringement.

To sum up, selling infringing products without knowledge is considered infringement.

Legal Basis

Article 64 of the Trademark Law of the People's Republic of China

The owner of the exclusive right to a registered trademark requested compensation and was accused of infringement If a person raises a defense on the ground that the owner of the exclusive right to a registered trademark has not used the registered trademark, the People's Court may require the owner of the exclusive right to the registered trademark to provide evidence of actual use of the registered trademark within the previous three years. If the owner of the exclusive right to a registered trademark cannot prove that the registered trademark has actually been used within the previous three years, nor can he prove that he has suffered other losses due to infringement, the alleged infringer will not be liable for compensation.

If you sell goods that you do not know infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you obtained the goods legally and explain the supplier.