Selling infringing products without knowledge of what to do

Selling infringing products refers to selling products that infringe intellectual property rights, and common infringements include trademark infringement and copyright infringement. The sale of infringing products is usually a crime of willfulness, while unknowingly does not necessarily constitute a crime. The following let us bring you in the case of unknowingly selling infringing products, should do what the relevant content, take a look at it. First, unknowingly sell infringing products, what should be done? in the case of unawareness, the purchase of the use of infringing on the patent rights of others to produce the behavior constitutes an infringement of the patent rights, but according to the law does not need to bear the responsibility for compensation. In addition, the sale contract needs both parties to negotiate equally, in the case of the meaning of the agreement can be reached, the patentee can prevent others from purchasing infringing products but does not have the right to require the purchase of their own products. Article 63 of the Patent Law, one of the following circumstances, is not regarded as infringement of the patent:

(a) the patentee manufacturing, importing, or by the patentee's license to manufacture, importing the patented product or in accordance with the patented method of direct access to the product sold, the use of, promised to sell, or sale of the product;

(b) in the patent application before the date of the manufacture of the same products, using the same (iii) The use of the patent in the devices and equipment of a foreign means of transportation temporarily passing through Chinese land, water or airspace for the needs of the means of transportation in accordance with an agreement concluded between the country to which the means of transportation belongs and China or an international treaty to which the country is a party, or in accordance with the principle of reciprocity;

(iv) The use of the patent in the devices and equipment of a foreign means of transportation temporarily passing through Chinese land, water or airspace in accordance with an agreement concluded between the country to which the means of transportation belongs and China or an international treaty to which the country is a party, or in accordance with the principle of reciprocity;
(d) the use of the patent for the sole purpose of scientific research and experimentation. For the purpose of production and business use or sale do not know is not licensed by the patentee and the manufacture and sale of patented products or in accordance with the patented method of direct access to the product, can be proved to be the legal source of the product, does not bear the responsibility for compensation. Article 3 of the contract law, the legal status of the parties to the contract is equal, one party shall not impose its will on the other party.

Article IV parties enjoy the right to enter into contracts voluntarily in accordance with the law, any unit or individual shall not unlawfully interfere.

Article V parties should follow the principle of fairness to determine the rights and obligations of the parties.

Second, unaware of the purchase and use of infringing products are also infringing in the case of unawareness, the purchase and use of infringing on the patent rights of others to produce the behavior constitutes an infringement of the patent rights, but according to law do not need to bear the responsibility for compensation. In addition, the sale contract needs both sides of equal consultation, in the case of the meaning of the agreement can be reached, the patentee can prevent others from purchasing infringing products but does not have the right to require the purchase of their own products. Article 69 of the Patent Law, one of the following circumstances, is not regarded as infringement of the patent: (a) the patented product or in accordance with the patented method of direct access to the product, by the patentee or its licensed units, individuals, after the sale, use, promise to sell, sale, import of the product; (b) in the patent application before the date of the manufacture of the same product, the use of the same method, or has made the necessary preparations for the manufacture, use, and only within the original scope of the patent. (iii) the use of the patent in the devices and equipment of a foreign means of transportation temporarily passing through China's land, water or airspace, in accordance with the agreement signed between the country to which the means of transportation belongs and China or the international treaty to which it is a party, or in accordance with the principle of reciprocity, for the needs of the means of transportation; (iv) the use of the patent exclusively for the purpose of scientific research and experimentation; (v) the use of the patent for the purpose of patent application; or (vi) the use of the patent for the purpose of patent application. (E) in order to provide the information needed for administrative approval, manufacture, use, import of patented drugs or patented medical devices, as well as specifically for the manufacture and import of patented drugs or patented medical devices.

Third, in the case of unknowingly caused trademark infringement, the court will decide how? The protection of the exclusive right to trademark has the following ways, the trademark registrant or interested parties can negotiate with the infringer to resolve the intellectual property rights of learning to quit, and is not willing to negotiate a solution or consultation fails, the trademark registrant or interested parties can also request the administration for industry and commerce to deal with, and is not willing to negotiate a solution or negotiation fails. Judicial way:Self-negotiation. Infringement of the exclusive right to use registered trademarks caused by disputes. If you are still not clear, you can consult the trademark agency. Infringement of the exclusive right to use a registered trademark dispute, the trademark registrant or interested parties can directly to the people's court. The administrative way.