问题 问答题 简答题

简述专利侵权行为的概念及法律责任

答案

参考答案:

专利侵权行为指未经专利权人许可,也没有法律规定的免责事由,以营利为目的的实施专利权人的专利的行为。1、民事责任,专利侵权行为民事责任是指行为人实施了专利侵权行为,依照《专利法》及有关民事法律法规所应当承担的法律责任(1)停止侵权行为,是防止权利人损失过大,依法阻止行为人侵犯专利权或可能侵犯专利权行为进一步延续的措施;(2)赔偿损失,确定侵权损害赔偿数额的计算方法有以下几种:{1}按照被侵权人因被侵权所受到的损失确定{2}按照侵权人侵犯专利权所获得的利益确定{3}参照专利许可费确定权利人的损失或者侵权人获得的利益难以确定的,有专利许可费可以参照的,人民法院可参照专利许可费1-3倍合理确定赔偿数额{4}其他方法(3)其他民事责任方式,除停止道歉、赔偿损失外,侵权人还应承担的其他民事责任有消除影响,赔礼道歉。2、行政责任管理专利行政机关可以对侵权行为人采取停止侵权、罚款等行政处罚措施。

3、刑事责任《刑法》种关于专利之规定了“假冒专利罪”,《刑法》第216条规定,对假冒专利罪处3年以下有期徒刑或者拘役,并出货单处罚金。单位犯罪的,实施双罚制。

阅读理解

阅读理解。

     Motor racing is a very exciting sport, but it is also very dangerous. Racing drivers go at 200 kilometers per

hour and even faster. Sometimes the cars crash (撞车) and the drivers die.

     This is Kirsten Kolby. When she was a little girl, she and her brother learned to drive go-Karts, and she

became good at it. When she was 12, she was the best young driver in her country. Now she drives racing

cars.

      Most racing drivers are men. Is this a problem for Kirsten?

     "Sometimes." is her answer," Some men don't like a woman driver in front of them. They get angry."

     Is she afraid of crashing?

     "I had a bad crash two years ago. The car rolled over. I was under it and I couldn't move. There was a

fire, and I couldn't get out. A man rushed through the fire and pulled me out. He was a very brave man. After

I came out of hospital, I tried to race again, but I was too afraid of fire. So I stopped racing and got a different

job. But I wasn't happy. I really wanted to race again. I wanted it very much. So now I'm racing again. I'm still

afraid, but I'm stronger than my fear."

阅读短文,根据短文内容,完成下列任务. 任务一:回答问题.

1. Are racing drivers safe?

_____________________________________________

2. What happened to Kirsten two years ago?

_____________________________________________

任务二:将文中画线句子译成汉语.

3.___________________________________

任务三:完成句子.(每格一词)

4. Kirsten became the best young driver in her country when she was _____ _____ _____.

5. After Kirsten came out of hospital, she _____.

A. tried to race again

B. gave up racing and changed a new job

C. was unhappy

D. went on racing

单项选择题