With the progress of science and technology and the enhancement of innovation awareness, patent issues have attracted more and more attention. The infringement of utility model patents has gradually become a hot topic. How to determine infringement liability is of great significance for protecting the rights and interests of innovators and promoting scientific and technological innovation.
Starting from the concept of utility model patent right, the utility model patent right is expounded. Utility model patent right refers to the patent right obtained under the conditions of compliance with the law for the technology that provides a new technical solution for the shape and structure of the product or its combination, and the main feature of the utility model patent right is that the degree of innovation is relatively low and it is easy to be imitated, so there are relatively many infringements.
The infringement of utility model patent rights is analyzed, and the infringement includes two forms: direct infringement and indirect infringement. Direct infringement refers to the act of manufacturing, using, selling, or offering to sell patented products without authorization within the validity period of the patent right; Indirect infringement refers to the act of providing technology, equipment, materials, etc., in order to help others commit direct infringement.
According to the relevant legal provisions and previous precedents, the infringement liability mainly includes stopping the infringement, compensating for losses and eliminating the impact.
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