1. Is it illegal to directly buy other people's products for sale?
It is illegal without authorization. Article 214th of the Criminal Law of the People's Republic of China stipulates that the crime of selling goods with counterfeit registered trademarks refers to the act of selling goods that are known to be counterfeit registered trademarks, and the sales amount is more than 5, yuan.
II. How much is the general compensation for appearance patent infringement
Article 21 of the Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases: "If there is no patent license fee to refer to, or the patent license fee is obviously unreasonable, the people's court may, according to factors such as the type of patent right, the nature and circumstances of the infringement by the infringer, generally determine the amount of compensation from RMB5, to RMB3,, and the maximum amount shall not exceed RMB5,."
Paragraph 3 of Article 2: "The benefits obtained by the infringer due to infringement can be calculated according to the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each infringing product. The benefits obtained by the infringer due to infringement are generally calculated according to the operating profit of the infringer. For infringers who are completely engaged in infringement, they can be calculated according to the sales profit. "
article 2, paragraph 2: "the losses suffered by the obligee due to infringement can be calculated by multiplying the total number of sales reductions of patented products caused by infringement by the product of reasonable profits of each patented product. If it is difficult to determine the total number of sales reductions of the right holder, the product of the total number of infringing products sold in the market multiplied by the reasonable profit of each patented product can be regarded as the loss suffered by the right holder due to infringement. "
It is not allowed to sell products during the patent lawsuit. During the patent lawsuit, it is still impossible to determine which party the patent belongs to. If it is still being sold, it will be illegal. Of course, it is best to collect relevant evidence materials and let the case end as soon as possible.
3. Can products still be sold during the patent lawsuit?
During the patent lawsuit, the sales of products should be stopped, and then the following actions should be taken:
1. First, go to the patent office or the entrusted agency to retrieve the patent documents of the other party, and ask the agent or lawyer to make a technical comparison between the products and the claims or design pictures in the patent documents to judge the possibility of infringement.
2. After judging that the product is suspected of infringing others' patent rights, the patent of the other party should be searched for invalidation, and the same or similar technology before the patent application date of the other party should be collected, and the patent reexamination board should be requested to declare the patent right invalid, and the court should be requested to suspend the trial until the patent reexamination trustee makes a review decision; If the relevant evidence received is obviously unfavorable to you, you should take necessary measures in time to stop continuing to produce and sell the product.
3. Carry out technical research on the patented technology, develop products with more advanced technology and better technical effects, apply for patents in time, obtain the right to use the patent through cross-licensing, learn lessons, and open products with independent intellectual property rights.
The above is a detailed answer to the question about whether it is illegal to directly buy other people's products to sell them. When selling products in China, if we report that it violates the interests of others, we can punish them according to the sales amount. If you have any other questions, please consult a professional lawyer of the Legal Express website.
Disclaimer: This content is integrated by the author according to laws and regulations, government official website and Internet related content. If there is any infringement or error, please contact the platform to delete it.
Related Law
[1] Article 214 of the Criminal Law of the People's Republic of China
[2] Article 2 of the Supreme People's Court's Provisions on Applicable Legal Issues in the Trial of Patent Disputes
[3] Article 21 of the Supreme People's Court's Provisions on Applicable Legal Issues in the Trial of Patent Disputes
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