(1) Article 60 of the Patent Law provides that: Implementation of a patent without the permission of the patentee is an infringement of the patent right. If a dispute arises, the parties shall resolve it through negotiation. If the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a lawsuit with the People’s Court or request the administrative department for patent affairs to handle the case. When handling the case, if the administrative department for patent affairs finds that the infringement is established, it may order the infringer to immediately stop the infringement. If the parties are dissatisfied, they may file a lawsuit with the People’s Court within 15 days from the date of receipt of the handling notice in accordance with the Administrative Litigation Law. If the infringer does not file a lawsuit or stop the infringement after the expiration of the time limit, the administrative department for patent affairs may apply to the People’s Court for compulsory execution.
Article 63 of the Patent Law provides that: In addition to bearing civil liability in accordance with the law, the administrative department for patent affairs shall order the infringer to correct the infringement and make an announcement, confiscate the illegal gains, and may impose a fine of not more than four times the illegal gains; if there are no illegal gains, a fine of not more than 200,000 yuan may be imposed.
It can be seen that for patent infringement, the administrative department for patent affairs has the right to order the infringer to stop the infringement, order the infringer to correct the infringement, and impose fines and other administrative penalties.
(2) Article 60 of the Trademark Law provides that: If any of the acts of infringement of the exclusive right to use a registered trademark listed in Article 57 of this Law causes a dispute, the administrative department for industry and commerce may be requested to handle it. When handling the case, if the administrative department for industry and commerce finds that the infringement is established, it shall order the immediate cessation of the infringement, confiscate and destroy the infringing goods and the tools mainly used to manufacture infringing goods and forge registered trademarks. If the illegal turnover is more than RMB 50,000, a fine of up to five times the illegal turnover may be imposed; if there is no illegal turnover or the illegal turnover is less than RMB 50,000, a fine of up to RMB 250,000 may be imposed. Severe penalties shall be imposed for committing trademark infringement more than twice within five years or for other serious circumstances. If a person sells goods that he does not know are infringing the exclusive right to use a registered trademark, but can prove that he obtained the goods legally and identify the provider, the administrative department for industry and commerce shall order him to stop selling them.
(3) Article 48 of the Copyright Law provides that: If there are relevant infringements, the perpetrators shall bear civil liabilities such as stopping the infringement, eliminating the impact, making apologies, and compensating for the losses, depending on the circumstances; if the public interest is damaged at the same time, the copyright administrative department may order the perpetrators to stop the infringement, confiscate the illegal gains, confiscate and destroy the infringing copies, and may impose a fine; if the circumstances are serious, the copyright administrative department may also confiscate the materials, tools, equipment, etc. mainly used to make the infringing copies; if a crime is constituted, criminal liability shall be pursued in accordance with the law.