Civil Liability Of Patent Counterfeiting

Since the "patent law" revised in 2008,pretend to be the patent behavior and counterfeit patent behavior collectively known as counterfeit patent behavior,but the civil legal liability for the counterfeit patent no corresponding provisions,such as the patent law of the civil legal liability provisions of the behavior is relatively fuzzy,the types of civil liability for counterfeit patent behavior and illegal behavior person need what kind of civil liability for explanation and illustration,there is not clear exactly how the type of civil liability and civil liability.In the judicial practice,the civil legal liability of counterfeit patent behavior is referring to the related regulations of patent infringement civil liability,in the current case of counterfeit patent behavior way of civil compensation system and patent infringement compensation calculation is consistent,and counterfeit patent and patent infringement is not the same concept,calculation and patent infringement should be different.In recent years,the patent administrative law enforcement organs have investigated and dealt with the cases of counterfeiting patent every year by tens of thousands,but there are only hundreds of civil litigation cases every year.The courts only accept the cases of counterfeiting others' patents,so there are only a limited number of infringed parties who can assert their rights,and there is no foundation for related subjects to claim their rights.Based on the current situation and problems,this article through to the counterfeit patent behavior typed,counterfeit patent behavior to split for coincidence sexual counterfeit patent,authenticity of fake patent behavior and pretend to be the patent behavior,analysis each kind of counterfeit patent behavior of the patentee,consumer and competitive related subject,learned that infringe on three kinds of main body of civil interests mainly include commercial reputation and property rights.It also analyzes the right basis of each type of subject and the type of civil liability of the illegal doer,and analyzes the application of civil liability bearing methods such as stopping the infringement,eliminating the influence and compensating for the damage.At last,the author puts forward the right basis to supplement the civil liability of counterfeiting patent,that is,to improve the request basis of the patentee and supplement the right basis of the competitive subject and consumer.In terms of the way of bearing civil liability,the amount of compensation loss is calculated through various factors,and an appropriate punitive compensation system is established for the subject who intentionally carries out the act of counterfeiting patent.This paper aims to put forward personal opinions on improving the civil liability level of counterfeiting patent behaviors.In particular,under the current situation that counterfeiting patent behaviors cause more cases than patent infringement cases,we should improve the civil system regulation,strengthen cooperation with administrative law enforcement and other means to effectively regulate counterfeiting patent behaviors.