What are the circumstances under which the infringement is requested to cease and desist and the con

Legal analysis: For the form of civil liability to stop infringement, there is only one constitutive element, that is, the perpetrator has violated the law to carry out the act of infringing the patent right, and the act is still continuing.

The so-called infringement of patent rights refers to the act of exploiting another person's patent for profit without the permission of the patentee during the validity period of the patent right.

Legal basis: Article 11 of the Patent Law of the People's Republic of China.

After a patent right for invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell or import its patented products for production or business purposes, or use its patented process, or use, offer to sell, sell or import products directly obtained in accordance with the patented process.

After the granting of the exclusive right to balance the rights of the design of the external exaggeration view, no unit or individual may exploit the patent without the permission of the patentee, that is, it is not allowed to manufacture, offer to sell, sell or import its patented design products for the purpose of producing and controlling the loss of lead.

Answer]: a, b, d

AB, Article 11 of the Patent Law stipulates that, after the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual shall, without the permission of the patentee, manufacture, use, offer to sell, sell, or import its patented product, or use its patented process, or use, offer to sell, sell, or import a product directly obtained in accordance with the patented process, for the purpose of production or business. In this question, both A and B's actions infringe on patents lawfully owned by others. c, if the use, offer to sell or sale of a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee for the purpose of production and business operation can prove that the product is legal, it shall not be liable for compensation.

C does not know that the purchased product is infringing and therefore does not bear any responsibility. d, the patentee signs a patent exploitation license contract with the licensee, allowing the licensee to implement its patented technology under the conditions and scope agreed in the contract. At the same time, the licensee shall pay the corresponding royalties to the exclusive consumer in accordance with the contract.

Ding's licensing of patents to others constitutes infringement. Item E, the act of using the relevant patent exclusively for scientific research and experiments is not regarded as an infringement of the patent right, because the act is not a commercial act. Company E's actions do not constitute infringement.

In this question, since A, B, and D have all infringed the patentee's patent, the patentee has the right to request A, B, and D to stop infringing.

1) Manufacturing, using, offering to sell, sell and import patented products or using patented processes for the purpose of production and business operation without the permission of the patentee, as well as using, offering to sell, sell and import products directly obtained in accordance with the patented process;

2) Counterfeiting and passing off patents. That is, against the empty will of the patentee, for the purpose of deceiving others to obtain high profits, through advertising or other methods, falsely claiming that one's non-patented products are products manufactured using patented technology.

1. The four conditions that should be met at the same time for patent infringement are met.

2. There are legal infringements: such as manufacturing, using, selling or promising to sell, or importing other people's patented products, or using other people's patented methods, using, selling, or importing products directly obtained by such methods;

3. For the purpose of production and operation: that is, the act of exploiting the patents of others for the purpose of profit, if the patented technology is used exclusively for scientific research and experiments, or if the patented product or patented process is manufactured or used for non-profit purposes such as hobby or personal use, it is not an infringement of patent rights;

2. How to check whether a patent is infringing.

Patent Law of the People's Republic of China

Article 11 After a patent right for invention or utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, offer to sell, sell, or import its patented product, or use its patented process, or use, offer to sell, sell, or import a product directly obtained in accordance with the patented process for the purpose of production or business.

After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not manufacture, offer to sell, sell or import its design patented products for the purpose of production and operation.

Answer]: b, c, d, e

The following items shall not be deemed to be patent infringement.

1.The patented product or the product directly obtained in accordance with the patented process is used, offered to be sold, or sold by a unit or individual authorized by the patentee.

2.The same product has been produced and the same method has been used before the application date, or the necessary preparations for production and use have been made, and the manufacturing and use of the same product is continued only within the original scope.

3.The use of the relevant patents on foreign means of transport temporarily passing through China's territorial land, territorial waters or airspace in accordance with the agreements signed between the country to which they belong and China or the international treaties to which they are parties or in accordance with the principle of reciprocity is used for the purpose of the means of transport for their own travel needs.

4.The use of patents for scientific research and experimentation.

5.Manufacturing, using, or importing patented drugs or patented medical devices for the purpose of providing information required for administrative examination and approval, as well as manufacturing or importing patented drugs or patented medical devices specifically for them.

Answer]: c, d

Article 69 of the Patent Law stipulates that a patent right shall not be deemed to have been infringed under any of the following circumstances: The principle of exhaustion of rights. The patentee's permission is no longer required for the use or sale of a patented product manufactured by the patentee or manufactured with the permission of the patentee after the sale of the product.

Accordingly, the expression in item b does not constitute patent infringement. First-use principle. The act of manufacturing the same product, using the same method, or making the necessary preparations for manufacturing or using the same product before the date of patent application, and continuing to manufacture and use it only within the original scope, shall not be regarded as patent infringement.

Accordingly, the expression in item e does not constitute patent infringement. Good faith use of the principle of the calendar. If the use, offer to sell, or sale of a patent-infringing product that is not known to be manufactured and sold without the permission of the patentee for the purpose of production or business operation can prove that the product is legal, it constitutes infringement, but shall not be liable for compensation.

The expression in item c constitutes patent infringement. Patented products are used in the operation of foreign means of transport. The use of the relevant patents in the equipment and equipment of a foreign means of transport temporarily passing through the territorial land, territorial waters or airspace of Chi Tingge in accordance with the agreement signed between the country to which it belongs and China or the international treaties to which it is a party, or in accordance with the principle of reciprocity, for the needs of the means of transport itself, shall not be regarded as an infringement of patent rights.

If the above conditions are not met, it constitutes patent infringement. Accordingly, the formulation of subparagraph d constitutes patent infringement. Non-Commercial Exploitation Principles.

The use of the patent specifically for the purpose of scientific research and experimentation is not considered an infringement of the patent right, as it is not a commercial act. Accordingly, the expression in item A does not constitute patent infringement. To sum up, the two items of CD are in line with the topic.