Is patent infringement a criminal or civil case in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of whether patent infringement is considered a criminal or civil case in China. This article will discuss when patent infringement constitutes a criminal offense, how to distinguish between civil and criminal patent infringement, and the expertise of Michael Xu's legal team in patent infringement investigation and claims.

I. When Does Patent Infringement Constitute a Criminal Offense in China?

Severe Infringement

1. Large-Scale Infringement: When infringement involves large-scale production and sale of infringing products with significant monetary value, it may be considered a criminal offense.

2. Repeat Infringement: If the infringer continues to infringe after having been previously administratively penalized or civilly judged, it may be deemed a criminal offense.

Intentional Infringement

Deliberate Actions: When the infringer knowingly infringes on someone else's patent rights, it may constitute a criminal offense.

Adverse Impact

Social Harm: If the infringement causes serious social harm and has a wide-reaching impact, criminal liability may be pursued.

II. How to Distinguish Between Civil and Criminal Patent Infringement?

Nature of Infringement

1. Civil Infringement: General acts of infringement, such as manufacturing, using, selling, offering for sale, or importing patented products without permission, are usually considered civil infringement.

2. Criminal Offense: When the infringement is severe, intentional, and has a harmful impact, it may be classified as a criminal offense.

Consequences of Infringement

1. Civil Liability: Infringement primarily results in economic losses and damage to the patent holder's rights, which are addressed through civil litigation.

2. Criminal Liability: Infringement that causes not only economic losses but also serious harm to social order and public interests requires criminal litigation.

Applicable Laws

1. Civil Litigation: Governed by the Patent Law and Civil Procedure Law, and handled by patent administrative departments and people's courts.

2. Criminal Litigation: Governed by the Criminal Law and Criminal Procedure Law, and handled by public security organs, procuratorates, and people's courts.

III. Professional Services of Michael Xu's Legal Team

Michael Xu's legal team has over 15 years of extensive experience in patent infringement legal services in China. We are dedicated to providing comprehensive patent protection and enforcement solutions to help clients effectively safeguard their patent rights in the Chinese market.

Team Background

1. Michael Xu's legal team comprises experienced lawyers and patent experts specializing in patent infringement legal services for 15 years, accumulating extensive experience.

2. We have accumulated rich experience in handling patent infringement cases for well-known domestic and international companies, providing clients with the best legal solutions.

Professional Expertise

1. We stay abreast of the latest developments in patent protection laws and practices both domestically and internationally to provide clients with cutting-edge legal advice.

2. We excel at handling complex patent infringement investigations and claims, ensuring maximum protection of our clients' legal rights.

Success Stories

1. We have successfully managed numerous patent infringement cases for well-known domestic and international companies, effectively safeguarding their intellectual property.

2. Our professional services and outstanding results have earned unanimous recognition and high praise from our clients.

Through our professional services, foreign companies can ensure their patents are fully protected in China and receive the most professional legal support and solutions when facing patent infringement issues.