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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379354.shtml

Investigation impersonating, and Guangzhou City, Guangzhou Municipal People's Government on the revision of the patent counterfeiting measures for the implementation of the decision

    (May 14, 2012 at the 15th Guangzhou people's Government Executive Meeting July 30, 2012, Guangzhou City people's Government announced come into force on the date of promulgation, 79th) 14th 15 meeting of the Municipal Government decided to Guangzhou to investigate fake and patent counterfeiting measures for implementation as follows: Tenth section (ii) "check, hold or temporarily ... ... Article "amended to read" check, attachment or seizure ... ... "The fourth" inspection, copying or storage, collection ... ... Information such as "amended to read" check out, copy or the sealing up, distraining ... ...

    Such information ".

    This decision shall come into force as of the date of.

    Guangzhou investigation impersonating and counterfeiting the Patent Act amended again according to this decision of the measures announced.

    Report: Guangzhou investigation impersonating and patent counterfeiting measures (November 10, 1998, Guangzhou City people's Government (1998) 14th release, the people's Government of Guangzhou City, on May 28, 2002 (2002) 6th amended for the first time, on July 30, 2012, second amendment, people's Government of Guangzhou City, 79th)

    Chapter I General provisions

    First to effectively deal with pretending to be a patent and counterfeited Patent Act protects honest business activities and violations of the legitimate rights and interests of the public, maintaining the order of the Socialist market economy, according to the People's Republic of China patent law and its implementing rules and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article pretending to be a patent mentioned in these measures refers to units or individuals for the purpose of production and operation, non-patented product off as patented product or the generic offence of Patent Act, including the following:

    (A) manufacturing or selling generic products marked with patent marking;

    (B) after the patent has been declared invalid, continue to affix patent marking on the manufacture or sale of products;

    (C) in the advertisement or other propaganda materials to non-patented technology a patented technology;

    (D) non-patented technology a patented technology in a contract;

    (E) forging or altering the patent certificate, patent documents or patent application documents.

    Article III acts of counterfeiting the patent mentioned in these measures include the following:

    (A) without a permit, in its manufacture or sale of the product, the product label on the packaging of the patents of others;

    (B) without permission in advertising or other promotional material using someone else's patent, thus causing people to mistake the technology involved is the other person's patented technology;

    (C) without a permit, use someone else's patent number in the contract, thus causing people to mistake the technology involved in the contract is the other person's patented technology;

    (D) forging or altering another person's patent certificate, patent documents or patent application documents.

    Article fourth in Guangzhou City, in the administrative area of investigation posed as patents and counterfeiting the patent application of this approach.

    Fifth of municipal administrative authorities for patent Affairs is investigating fake patent and counterfeiting the patent of the competent authority, in accordance with these measures is in charge of pretending to be a patent within the administrative area of the city and investigating counterfeiting patents.

    Science and technology and information technology, industry and commerce, taxation, quality and technical supervision, public security and customs authorities, in accordance with their respective responsibilities to assist the administrative authority for patent Affairs investigation posing as patent and counterfeiting the Patent Act.

    Municipal administrative authorities for patent Affairs may authorize the municipal IPR inspection team, district and county administrative authorities for patent Affairs to investigate fake patents and counterfeiting the Patent Act.

    Sixth article of any units or individuals have the right to report to the administrative authorities for patent Affairs, pretending to be a patent acts and acts of counterfeiting the patent, patent administrative departments shall, in accordance with the relevant provisions of the report gives awards to workers, and the informant identity be kept confidential.

    Seventh of municipal administrative authorities for patent Affairs to investigate fake patents and counterfeiting the Patent Act, should be based on facts and take law as the criterion, in ascertaining the facts and responsibility on the basis of timely treatment.

    Chapter II filing and investigating

    Eighth of municipal administrative authorities for patent Affairs to accept reports or check find posing as the Patent Act or acts of counterfeiting the patent, shall be filed in the 7th, and specify 2 or more patent law enforcement officers responsible for the investigation.

    Nineth contractor staff in case one of the following conditions, shall voluntarily withdraw, the party also has the right to apply for his withdrawal:

    (A) is a party to the case or the parties concerned close relatives;

    (B) have a stake in the case;

    (C) other relationships with the parties to the case, may affect the impartiality of investigation.

    In charge of the case who avoided, decided by the municipal administrative authorities for patent Affairs.

    Tenth of municipal administrative authorities for patent Affairs to investigate fake patents and counterfeiting the Patent Act, exercise the following powers:

    (A) asking the parties and witnesses;

    (B) the inspection, seizure or seizure and posing as patent or counterfeiting the Patent Act relating to the goods;

    (C) investigation and pretending to be a patent or of counterfeiting patent-related activities;

    (D) check out, copy or the sealing up, distraining and pretending to be a patent or counterfeiting the patent related to the contract, mark, account and other information.

    In exercising the above powers, the administrative authority for patent Affairs, units or individuals shall provide assistance shall not be refused. 11th contractor staff member in a case of asking the parties or witnesses, transcripts should be carried out and submitted to parties or witnesses to check. Subject to errors, omissions, and allows the parties or witnesses to correct or supplement.

    After it has been checked by the parties or a witness signature or seal on a page-by-page notes.

    A party or witness refuses to sign or seal shall be indicated on the transcript.

    12th of municipal administrative authorities for patent Affairs evidence investigation to verify the material, consult the archives, information and original documents related to the case, the relevant units or individuals shall provide materials, need to be certified.

    Investigation by the 13th, pretending to be a patent or counterfeiting the patent acts clear facts and evidence, the municipal administrative authorities for patent Affairs shall make a decision within 6 months.

    Pretending to be a patent or counterfeiting the Patent Act does not stand, the municipal administrative authorities for patent Affairs shall, within 6 months of the end original, and shall inform the parties.

    14th of municipal administrative authorities for patent Affairs before making a decision, it shall inform the party making the facts, reasons and basis for administrative penalty decision, and shall inform the Parties shall have the right to. Parties have the right to make statements and to defend themselves.

    Administrative authorities for patent Affairs, should fully heed the views of the parties, on the facts, reasons and evidence submitted by the parties, should be reviewed.

    Municipal administrative authorities for patent Affairs may not plead aggravated punishment of parties. 15th of municipal administrative authorities for patent Affairs to implement posing as the Patent Act or units or individuals to make punishment for counterfeiting the patent, it shall make a written decision of administrative penalty.

    Written decision of administrative penalty shall contain the following particulars:

    (A) the name or names and addresses of the parties, the legal representative or principal responsible person, the agent's name, job title;

    (B) finds posing as patent or counterfeiting the patent of the fact and evidence;

    (C) of the decision;

    (D) appeal against the decision, may apply for administrative reconsideration or bring an administrative suit the ways and terms;

    (E) the date of the decision.

    Written decision of administrative penalty shall be stamped with the seal of the municipal administrative authorities for patent Affairs, and served on the force.

    16th of municipal administrative authorities for patent Affairs may request of the whistleblower investigation posing as patent or counterfeiting the Patent Act informed informant.

    Chapter III liability

    17th on the Act of pretending to be a patent of entities or individuals by the municipal administrative authorities for patent Affairs ordered to stop the personation, public correction, removal, destruction of pretending to be a patent mark, and depending on the seriousness of the following penalties:

    (A) minor, up to 5000 Yuan fines;

    (B) the plot of, imprisonment of more than 5000 Yuan to 20,000 yuan fines;

    (C) serious, bad influence, more than 20,000 yuan to 50,000 yuan fine.

    Article 18th units or individuals to commit acts of counterfeiting the patent, by administrative authorities for patent Affairs, confiscated and ordered to stop counterfeiting, public correction, removal, destruction of counterfeiting the patent marking, and depending on the seriousness of the following penalties:

    (A) minor, and fined not more than 1 time times the illegal income, no illegal income, and fined 5000 Yuan fines;

    (B) the plot of, and 1 time times the illegal income to twice times the amount of a fine, there is no illegal income, imprisonment of more than 5000 Yuan to 20,000 yuan fines;

    (C) serious, bad and illegal income twice 3 times to times of fine, no illegal proceeds, more than 20,000 yuan to 50,000 yuan fine.

    Article 19th units or individuals to be punished by a fine of more than 30,000 yuan, and the right to hold a hearing.

    20th in violation of the provisions of this article tenth, units or individuals refuse to provide or concealment, transfer, destruction and contract, mark, account and other documents relating to the case, or unauthorized opening, transfer of seized items by the municipal administrative authorities for patent Affairs to its imprisonment of more than 1000 Yuan to 50,000 yuan fine.

    Refuse or obstruct the administrative authorities for patent Affairs, law enforcement officers in performing their duties according to law by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security, constitute a crime, shall be investigated for criminal responsibility by judicial organs.

    21st pretending to seal or seize the patent marks and counterfeiting the patent marking should be destroyed, requirements for posing as patent or counterfeiting the patent of the unit or individual.
Pretending to be a patent marking or counterfeiting the patent marks and products it is difficult to separate, with his product to be destroyed.

    22nd penalty units or individuals to administrative authorities for patent Affairs, refuses to accept the decision on administrative penalty made may within 60 days from the date of receipt of the written decision, the municipality may apply for administrative reconsideration or bring administrative proceedings within 3 months.

    During the 23rd for reconsideration or litigation, do not stop execution of the penalty decision, except as otherwise provided by law.

    Article 24th penalty units or individual fails to the execution of the penalty decision, the municipal administrative authorities for patent Affairs may apply to a people's Court for compulsory execution.

    25th patent law enforcement abuses, favoritism, corruption and bribery, by the units depending on the seriousness of sanctions constitutes a crime, criminal responsibility shall be investigated by judicial organs.

    The fourth chapter by-laws

    26th article of the rules take effect on December 1, 1998.