Infringement Of E-Commerce Into A Network Platform In The "Worst Hit Area" Or Connection

Yesterday, the Legislative Affairs Office of the State Council solicited public opinions on the revised draft of the Patent Law of the People's Republic of China (draft for review). Compared with the current law, the draft strengthens the punishment of infringement. According to the draft, intentionally Patent infringement The people's court may award the obligee a compensation of 5 million yuan at most.

The current patent law does not clearly stipulate the amount of compensation for patent infringement, but only points out that the amount of compensation is determined according to the actual losses suffered by the obligee due to infringement, and is reasonably determined by reference to the multiple of the patent licensing fee.

The newly revised draft makes it clear that for intentional infringement of patent rights, the people's court may, according to the circumstances, scale, damage consequences and other factors of the infringement, award a compensation amount between one time and three times the fixed amount.

If it is difficult to determine the loss of the obligee, the interests obtained by the infringer and the patent license fee, the people's court may impose a compensation of more than 100000 yuan but less than 5 million yuan; However, the current law only determines the amount of compensation between 10000 yuan and 1 million yuan.

in recent years, E-commerce It has become a "disaster area" for infringement. The draft specifically stipulates that if an Internet service provider knows or should know that an Internet user infringes a patent right or counterfeits a patent by using the Internet service provided by it, and fails to take necessary measures to stop it in a timely manner, such as deleting, blocking or disconnecting the link of infringing products, it shall bear joint and several liabilities with the Internet user. Where the patent administration department determines that an internet user infringes upon a patent right or counterfeits a patent by using an internet service, it shall notify network service If the provider takes the necessary measures mentioned in the first paragraph of this article to stop it, and the network service provider fails to take the necessary measures in time, it shall bear joint and several liability for the expanded part of the damage with the network user.

Relevant units and people from all walks of life can put forward their opinions on the draft submitted for review before January 1, 2016 by logging into the opinion collection system of the Chinese Government Legal Information Network.