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Investigation Impersonating, And Guangzhou City, Guangzhou Municipal People's Government On The Revision Of The Patent Counterfeiting Measures For The Implementation Of The Decision

Original Language Title: 广州市人民政府关于修改《广州市查处冒充和假冒他人专利行为实施办法》的决定

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Decision of the Government of the Higong State on the revision of the Modalities for the Carriage and Resistance of Patents in the City of Chiang State

(Summit 15th ordinary meeting of the People's Government of the Grand State of 14 May 2012 to consider the adoption of the Ordinance No. 79 of 30 July 2012 on the People's Government of the State of the Great Britain and Northern

At the 1415th Standing Conference of the Municipal Government, the following amendments were made to the Modalities for the Cassation and Failing of Patents in the City of Chiang State:

Article 10, subparagraph (ii), “Review, seizure or suspension of ... goods” was amended to read “Review, seizure or seizure of ... goods”; and the fourth “access, photocopy or sealing, collection of information, etc.” was amended to “receive, photocopy or seizure, seizure, etc.”.

This decision is implemented since the date of publication.

The Modalities for the use of patents by the Grand State City were released in accordance with this decision.

Annex: Modalities for the use of patents by a wide range of municipalities (published on 10 November 1998 [1998] No. 14 of the People's Government Order No. 6 of 28 May 2002, and in accordance with the first amendment to No. 6 of the Decree No. [2002] of 28 May 2002, the People's Government Order No. 79 of 30 July 2012.

Chapter I General

Article 1 protects the integrity of business activities and the legitimate rights and interests of the public and protects the economic order of the socialist market, in accordance with the Patents Act of the People's Republic of China and its applicable rules and regulations, and develops this approach in conjunction with the practice of this city.

Article II of this approach refers to the use of a patent by a unit or by an individual for the purpose of producing the operation, the use of a non- patent product for a patent or the use of a non- patent method for a patent method, including the following:

(i) The manufacture or sale of non-patent products with a patent mark;

(ii) After the declaration of invalidity of patent rights, patent markers continue to be placed on products manufactured or sold;

(iii) The designation of non- patent technologies in advertising or other publicity materials;

(iv) The designation of non- patent technology in the contract as a patent technology;

(v) Constrainting or changing patent certificates, patent documents or patent application documents.

Article 3 of the present approach refers to the use of patents by another person:

(i) The patent number of other persons in the packaging of products and products produced or sold without permission;

(ii) The use of patents by others in advertisements or other promotional materials without permission, which would involve technical misconceptions as a patent technology for others;

(iii) The use of patents by another person in the contract without the licence, so that the technical error involved in the contract is considered to be a patent technology for others;

(iv) A patent certificate, a patent document or a patent application document that is forged or converted to another person.

Article IV applies this approach to the commissioning of a patent in the administrative area of the wide-ranging State and to the use of a patent against another person.

Article 5 governs the patents sector as the competent organ for the commissioning of a patent act and forfeiture of another patent, and, in accordance with this approach, is responsible for the identification of the impermissible patents in the present city's administrative area and for the use of patents against others.

The relevant sectors such as science and technologyization, business, tax, quality technical supervision, public safety, customs, etc., assist in the management of patents in accordance with their respective responsibilities in the identification of the sectors where the patent work takes the patents into account and for the use of patents by others.

The sectors in which the patent management work can be delegated to the municipal intellectual property inspectorate, district and district-level sectors to manage the patents to take the patents and to take the patent against others.

Any unit or individual has the right to report to the authorities in which patents are administered to the city for the purpose of using patents and forfeitureing other patents, and the sectors in which the patent management work should be rewarded by the relevant provisions and be kept confidential.

Article 7. Sectoral checks governing patents should be based on fact-finding, on the basis of law, and on the identification of facts and responsibilities.

Chapter II

Article 8. Sectors governing patents should be charged with reporting or checking the identification of aggregating a patent or for taking a patent against another person, and two patent law enforcement officers should be charged with the identification.

Article 9. Staff members who perform the case are one of the following cases, should be left to their own hands and the parties have the right to apply for their avoidance:

(i) The present party or the close relatives of the party;

(ii) Relationship with the present case;

(iii) Other relations with the parties in the present case may affect the impartial investigation.

The staff in the case were not evaded and were determined by the municipal authorities to manage patents.

Article 10. The following functions shall be exercised in the management of a patent by a department of the work of a patent:

(i) Inquiring parties and witnesses;

(ii) Examination, seizure or seizure of items relating to the taking of a patent or the taking of a patent by another person;

(iii) To investigate activities related to the taking of patents or the use of patents against others;

(iv) Access, reproduction or seizure, seizure of information relating to contracts, markings, books, etc. relating to the taking of patents or the use of patents against others.

In exercising the above-mentioned functions, the authorities or individuals should be assisted and not denied.

Article 11. Staff members who perform the case shall, when questioned the parties or witnesses, make a notice and communicate to the parties or witnesses. If there are errors, omissions, parties or witnesses are permitted to be corrected or supplemented. After checking, the parties or witnesses are either represented on a page or in a chapter.

The party or the witness shall reject the signature or chapter.

Sections in the management of patents are required to access the case-related archives, information and original vouchers when investigating the verification of the material, and the relevant units or individuals should, if they are provided on the ground, make the evidence available.

Article 13, which is investigated, is clear and substantiated by the fact that a patent is committed or that the patent is taken against another person, and the authorities that administer the patent should take a punitive decision within six months.

Where patents are committed or when patents are not established, the sectors in which the patent is administered should end the case within six months and inform the parties.

The sectors governing patent work in the city should inform the parties of the facts, rationales and basis for the administrative sanctions decisions before the imposition of the penalties decision and inform the parties of their rights under the law.

The parties have the right to make statements and raise the defence. Sectors that manage patents should fully listen to the views of the parties and the facts, rationales and evidence presented by the parties should be reviewed.

The sectors that regulate patent work in the city shall not be subject to increased penalties for the defence of the parties.

Article 15. Sectors in which patents are administered shall be subject to administrative penalties for the imposition of a patent act or for the use of a person's patent. The Executive Decisions shall contain the following matters:

(i) The name or name of the party, address, the name of the legal representative or the principal head, the commissioner;

(ii) Facts and evidence of the determination of the use of patents or of the use of patents by others;

(iii) Decisions on penalties;

(iv) The decision on impunity, the manner and duration of application for administrative review or administrative proceedings;

(v) Date of the decision.

The administrative penalties decision shall be taken into account in a copy of the chapter of the sector in which the patent is managed.

Article 16 may be communicated to the reporting person at the request of the reporter to the effect of the commissioning of a patent or the taking of another patent.

Chapter III Legal responsibility

Article 17 imposes an end to the act by a department responsible for the enforcement of a patent act or by an individual, by which the patent is administered by the municipality, by a public correction, by eliminating the impact, destroying the mark of the patent, and by imposing a fine of the following circumstances:

(i) A fine of up to 5,000 dollars in the light of the circumstances;

(ii) A fine of more than 5,000 to 2,000 dollars in the circumstances;

(iii) In the event of a serious and negative impact, a fine of more than 20,000 to 50,000 dollars.

Article 18 defaults on the part of the unit or individual responsible for the commission of a patent against another person, forfeiture of proceeds of an offence and forcible actions by the sectors in which the patent is administered by the city, public corrections, elimination of the impact, destruction of marks that are in possession of the other person's patents, and imposes the following fines, depending on their circumstances:

(i) In the light of the circumstances and in the event of a fine of up to one times the proceeds of the violation, without the proceeds of the violation, fines of up to 5,000 dollars;

(ii) In the light of the gravity of the circumstances and the fine of one to two times the proceeds of the violation, without the proceeds of the violation, which is fined by more than 5,000 to 2,000 dollars;

(iii) The circumstances are grave and devoid of a fine of between two and three times the proceeds of an offence, without the proceeds of an offence, which is fined by more than 20,000 to 50,000 dollars.

Article 19 units or individuals are subject to fines of more than 30,000 dollars and have the right to require hearings.

Article 20, in violation of article 10 of the scheme, the relevant units or individuals refuse to provide or conceal information on contracts, marks, books, documents relating to cases, or unauthorized envelopes, transfers of seized items, and fines imposed on them by the authorities in which the patent is administered.

The denial, obstruction of the administration of patents by law enforcement officials, which are dealt with by public security authorities in accordance with the Law on the Safety and Security of the People's Republic of China, constitutes an offence and criminal responsibility by the judiciary.

Article 21, the seizure or seizure of a patent mark and the aggressor of another person's patents shall be destroyed, and the cost shall be borne by a unit or individual that takes the patent of another person.

It is difficult to separate the patent mark or to take the patent mark of another person from the product, together with its products.

Article 22 of the Penal Procedure Unit or individual decisions on administrative penalties imposed by the municipal administration of patents may apply to the Government of the city within 60 days of the date of receipt of the sanctions decision, or administrative proceedings before the People's Court within three months.

Article 23 does not stop the implementation of the penalties decision during the review or proceedings, except as otherwise provided by the law.

Article 24 punished units or individuals who have failed to implement sanctions decisions, and the sectors governing patents can apply to the People's Court for enforcement.

Article 25 Abuse by patent law enforcement officials, provocative fraud, corruption and corruption are subject to administrative disposition, depending on their circumstances, and constitutes a crime and is criminally committed by the judiciary.

Chapter IV

Article 26