Who is liable for patent infringement in China?

As an intellectual property lawyer with twenty years of experience practicing in China, I will provide a detailed overview of liability issues related to patent infringement in China. This article will discuss who should be held responsible for patent infringement within a company, the remedies available for patent infringement, and the expertise of Michael Xu's legal team in patent infringement legal services.

I. Who Should Be Held Responsible for Patent Infringement in a Company in China?

Corporate Entity

1. Overall Company Liability: The company, as a legal entity, is directly liable for patent infringement actions carried out by its employees during their duties. The company must bear the economic compensation and legal responsibilities arising from the infringement.

2. Liability of Directors and Executives: If the company's directors and executives are aware of the infringement but take no action, they may also be held jointly liable.

Direct Infringers

1. Individuals Committing the Infringement: Employees or related individuals who actually commit the infringement are personally liable. Individuals who deliberately commit infringement may face civil, administrative, and even criminal liabilities.

Aiders and Abettors

Liability of Aiders and Abettors: If other companies or individuals knowingly assist or instigate others to commit infringement, they are also liable for the infringement.

II. Remedies for Patent Infringement

Administrative Measures

1. Filing Complaints with the IP Office: Patent holders can file complaints with the China National Intellectual Property Administration (CNIPA) or local IP offices to seek administrative rulings and support.

2. Requesting Administrative Enforcement: Requesting IP administrative enforcement agencies to investigate and penalize the infringing activities.

Civil Litigation

1. Filing Patent Infringement Lawsuits: Patent holders can file lawsuits in the people's courts to seek cessation of infringement and compensation for damages.

2. Applying for Injunctions: During litigation, patent holders can apply for injunctions to require the infringer to stop the infringing activities immediately.

Mediation and Arbitration

1. Mediation: Resolving patent disputes through mediation to save time and costs.

2. Arbitration: Resolving patent disputes through arbitration to avoid lengthy litigation procedures.

Criminal Prosecution

Severe Infringement: For severe cases of patent infringement, the infringer may face criminal liability and be prosecuted.

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.