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Exhibition, Guangdong Province Patent Protection Exhibition, Guangdong Province Patent Protection Approaches

Original Language Title: 广东省展会专利保护办法广东省展会专利保护办法

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Pattern protection schemes of the Wide East Province

(For the consideration of the 103th ordinary meeting of the People's Government of the Province of the Sudan on 10 September 2012 of the publication of the Government Order No. 173 of 12 September 2012, effective 15 October 2012.

Chapter I General

Article 1, in order to strengthen the patent protection of the exhibition, maintain the order of the exhibition and promote economic and social development, develop this approach in line with the Patents Act of the People's Republic of China, the Central Oriental Patent Regulation and relevant laws, regulations and regulations.

Article 2 protects patents in the event of exhibitions organized within the territorial administration.

The exhibitions referred to in this approach refer to activities such as exhibitions, exhibitions, exhibitions, fairs, trade fairs, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions, exhibitions and exhibitions, etc., organized by the proponents of the exhibitions in fixed and scheduled periods.

The proponents of the scheme (hosting units or sub-offices) referred to in this approach refer to the signing of an exhibition contract or other forms of agreement with the proponents (hereinafter referred to as an extension contract), which is responsible for the development of the rules for the implementation of the programme, planning and exhibition of patent protection, the integration, organization and organization of the activities of the exhibition and the assumption of responsibility for the activities of the exhibition.

The exhibition referred to in this approach to the patent complaint treatment body, which is established by the proponent of the exhibition, is responsible for the mediation of the work agency responsible for the handling of the patent infringement dispute during the exhibition.

Article 3. The patent protection of the exhibition should be guided by the principles governing the host, government regulation and social public oversight.

The proponents of the exhibition should enter into an exhibition contract with the participant, agree on the relevant provisions of the patent protection, strengthen the patent review and protection work of the exhibition.

The bidder shall be lawfully represented and shall not be subject to a violation of the right to patent and to a licence.

Article IV provides guidance, supervision and management of the patent protection work in the present administration.

The relevant sectors of the population at the district level are able to exhibit the patents in accordance with their respective responsibilities and maintain the normal order of the exhibition.

Article 5 Violations of a patent during the exhibition may request an extension of the patent complaint treatment body or the conciliation of the patent administration, or may request the government patent administration at the seat of the exhibition or direct prosecution to the People's Court.

Article 6 Industry associations should strengthen the sense of patent protection of members, including through the development of industrial self-regulation, and assist the patent administration and the hosts in carrying out exhibitions on patent protection.

Article 7. Applicants, patents or proponents should comply with the patent protection rules developed by the host party.

Article 8. The host and the participant shall be guided, monitored and administered by the patent administration, in conjunction with the law enforcement activities of the patent administration.

Chapter II

The proponents of the exhibition should establish the patent protection rules and communicate the request to the Government's patent administration, including e-mail, facsimile.

The main elements of the patent protection rules should include:

(i) The exhibition established by the host party to deal with patent complaints, the composition, responsibility;

(ii) Exhibits involving patents, an exhibiter should prepare relevant rights certificates and conduct self-review of the patents of the exhibit;

(iii) The proponents of the exhibition should preserve the legitimate rights and interests of the patent owner in accordance with the law, conduct the test of the exhibit and cooperate with it.

Exhibits, including exhibits, exhibitions, exhibits, products and photographs, catalogues, visual information and other relevant information.

Article 10

(i) The publication of information such as the publication of the patent complaints treatment body or the place of the patent administration, the means of communication, the means of complaints and the patent protection rules at the exhibition;

(ii) The establishment of an exhibition of a patent complaints treatment body, the acceptance of a complaint by a patentor or an aggrieved person, and mediation of a patent infringement dispute arising in the exhibition;

(iii) The legal treatment of the patent administration in a timely manner, where the exhibit is suspected of taking patents or repeating violations;

(iv) The patent protection information and archival information of the full depository, which is not less than two years from the date of the opening of the exhibition and shall be communicated to the information, including e-mail or facsimile, as required by the patent administration, within 30 days of the closure of the exhibition.

The proponents of the exhibition should establish a patent disclosure system and make the patents covered in the exhibitions available in the database, directory or other form of publication, except for commercial secrets.

Article 12 The proponent of the exhibition shall enter into an exhibition contract with the proponent, which shall include the following main patent protection provisions:

(i) The bidder should comply with the patent protection rules of the exhibition;

(ii) The proponents should accept the mediation of the patent complaint by the exhibition and refuse to cooperate with the mediation, and the proponents of the exhibition could remove the offer in accordance with the agreement to remove the contract;

(iii) The author of the exhibition may, in accordance with the agreement, remove the offer by the proponent of the exhibition in the light of the dismissal of the contract;

(iv) Accreditor's complaint of a patent owner or a stakeholder against the alleged infringement of a patent should be treated with a summary procedure of the patent administration;

(v) In the case of the patented administration or the People's Court's determination to be a violation of the patent rights, the proponent may cancel the exhibition in accordance with the agreement to remove the contract;

(vi) Other elements relating to the patent protection of the exhibition.

Article 13 deals with a model contract for entry of patents, developed by the Patent Administration of the Government of the Provincial People, published on its portal and made available for free download.

Article 14. The proponent of a patent infringer dispute shall be submitted to the author's signature or to the author's letter of authorization, which must be entrusted with the purpose and competence. In order to recognize, renounce and change requests for complaints, reconciliation must be given special authorization to the commissioner.

Foreigners, foreign enterprises or other foreign organizations should be entrusted with the establishment of a Chinese patenting agency or a lawyer's affairs in accordance with the law.

Article 15. The patent administration should strengthen the protection of the patents and, during the exhibitions, the duty to protect the patents should be exercised by the host and the fairer in a manner such as the conduct of the exhibitions, drawing on the exhibits with a patent mark and processing the exhibits suspected to be in possession of the patent.

Article 16 The patent administration should guide, monitor the host party to the exhibition by requesting the establishment of an exhibition of a patent complaints treatment body, and request the host party to make public information on the location, contact modalities and the patent protection rules of the patent-response body at the place of the exhibition or on the exhibition manual.

Chapter III Conciliation of patent infringement disputes

Article 17 Complaints to the patenting mechanism shall be submitted to the following material:

(i) The applicant's application, including the basic situation of the complainant and the applicant's investigator (hereinafter referred to as the complainant), the request for the complaint and the facts and grounds on which it is based;

(ii) Legal and effective rights certificates, including patent certificates, patent notices, identification of patentees, legal status certificates;

(iii) Other relevant evidentiary material.

The patent administration should establish a patent protection expert pool to service the exhibition. The pool of experts consists of experts in intellectual property, law and related fields.

The exhibition of the host party established a patent complaint treatment body, which relied on a patent infringement dispute during the patent protection clause of the contract. Its constituents may not be less than three persons, may be selected from the pool of experts from the patent administration or may request the patent administration to assign or hire experts in the relevant areas.

Article 19 Relations between the author of the patent complaint and the mediator of the patent infringers should be avoided.

In accordance with articles 9 and 12 of the present methodology, the patent complaints treatment body performs the following duties:

(i) The acceptance of the complaint of a patent infringement dispute;

(ii) To investigate complaints;

(iii) Organizing conciliation between the complainant and the complainant;

(iv) To present to the host party the views of the exhibition on whether to continue to carry out the contract on the basis of the survey identification or conciliation.

Article 21, upon the acceptance of the complaint by the patenting complaints processing body, should be made available to the complainant to conduct an on-site investigation, send the relevant instrument, listen to the parties, identify the facts, responsibilities and organize mediation between the parties.

Mediation agreements should be negotiated, and should be made effective when a letter of mediation agreement has been developed and signed by the parties; if mediation is not accepted or mediation cannot reach agreement, the proponents should be treated in accordance with the agreement on the contract.

Article 22 provides the host party with an indication of the alleged violation and shall require the complainant to take immediate measures of withdrawal in accordance with the contract agreement.

In the course of mediation, the patent-response body found that the proponents were in breach of article 12 of the scheme, which could be dismissed by agreement.

After the dismissal of the contract, the complainant should immediately withdraw the exhibition.

Article 23, after the implementation of the conciliation agreement, the complainant shall make a written opinion to the host party through the exhibition of the patent complaint processing body within 24 hours and submit the corresponding evidence.

The objection of the complainant was established as null and void of the mediation agreement reached by the original parties, and the patent complaint-processing body should inform the complainant of the recovery of the evidence within 24 hours and inform the complainant in writing.

The objection of the complainant was not established and the mediation agreement reached between the parties was effective.

Article 24 allows the opening of a patent complaint-processing body to terminate mediation and to inform the complainant in writing of the conciliation process in relation to large mechanical equipment, the internal structure of sophisticated instruments, methods of product manufacture and other patents difficult to determine.

The patent-response body shall be required to make the relevant evidence or facilitate access to and reproduction-related materials at the request of the patent owner or the stakeholder.

Article 25

The patent administration conducts mediation and reach an agreement that should be effective when a letter of mediation agreement is produced and after the parties have signed.

The patent administration should be governed by the law without agreement or by the letter of mediation agreement.

Chapter IV

Article 26 The patent administration handles the patent infringements in the exhibitions may apply to the simple process or the ordinary process.

Article 27 provides for more than 3 days, and the patent administration of the Government of the above-mentioned population at the district level considers it necessary to be represented at the Chamber of Deputies and to establish a temporary patent infringed dispute admissibility point, acceptance of a patentee or an owner's request for treatment of patent infringements, which is admissible under the law applicable to the conditions of admissibility.

The host party should cooperate with the provision of the necessary premises and office conditions.

Article 28, the patent owner or the stakeholder's request for the treatment of a patent infringement dispute to the patent administration should be in accordance with the following conditions:

(i) Submission of requests, evidence, and information such as identification, business licence;

(ii) The applicant is a patentee or an owner;

(iii) A clear requester;

(iv) Clear requests and facts, reasons;

(v) The parties have not been prosecuted before the People's Court;

(vi) Scope and scope of the patent administration;

(vii) Repetitive violations, and the applicant shall also submit administrative decisions, civil decisions or arbitral instruments that have entered into force.

The right to patent is in the process of nullifying the declaration of the request and is clearly established for reasons of invalidity, and the patent administration can be inadmissible.

The evidence submitted by the parties in article 29 should be authentic and legitimate.

The evidence submitted by the parties was created outside the area of the People's Republic of China, which should be certified by the State's public accreditation body and certified by the National People's Republic of China in that country, or by the procedures established by the People's Republic of China with the relevant treaties of that country.

The evidence submitted by the parties was developed in Hong Kong, Macao and Taiwan and should be carried out.

The parties are outside the country and the material of their main qualifications is carried out in accordance with the provisions of paragraphs 2 and 3.

The parties should submit the information on the documents of the outside instrument or the explanatory note, which should be accompanied by the Chinese translation.

Article 33 deals with cases of infringement of patents by the patent administration, which can be inspected on-site by the applicant's exhibit, access to, replication of documents relating to the case, and enquired about the parties' photographs, intake, sampling, etc.

Article 31 General procedures for dealing with cases of infringements of patents during the exhibition were carried out in accordance with the provisions of the Patents Regulations of the Province of Grace and the relevant legal regulations.

The implementation of the relevant provisions of article 32, article 33, of the Hiroshima Patent Regulations, resulting in costs such as transport, warehousing, etc. are borne by the requesting person, covering the practical new types of patents or externally designed patents, and the requester shall submit a useful new retrieval report or a patent rights evaluation report to the patent administration of the State.

Article 32 refers to cases of patent infringements by the patent administration that are clear, substantiated, controversial and in accordance with one of the following conditions:

(i) The patent owner or the stakeholder only requires the complainant to cease violations in the current exhibition;

(ii) Legal instruments that have entered into force identify infringements of patents;

(iii) The technical programme for the presentation of the complaints or the external perception of the design of patent rights as invention, new and practical or externally designed;

(iv) Other cases where a simple procedure is applicable.

Article 33 addresses the application of a simple procedure, in addition to the fact that it should be in line with article 28 of this approach, the requesting person should also provide security and provide practical and new reports or patent-right evaluation reports that fall within the scope of the protection of patent rights, as well as related documentation.

The time distance of the patent owner or the stakeholder to submit a patent infringed dispute resolution request ended by less than 48 hours and does not apply a simple process.

In cases where a simple procedure is admissible, the patent administration should communicate the material of the relevant instruments such as the letter of notification of the case to the parties in a timely manner.

The requested person shall carry out a reply and testimony within 24 hours of the receipt of the relevant instruments, such as the notice of the case, which are overdue and the evidence without prejudice to the treatment of the patent administration.

Article 33, article XV, in cases of patent infringements processed under a simple procedure, shall be tried by the patent administration within 24 hours after the applicant's plea has expired, and the decision is not taken to deal with it.

Article XVI, in accordance with the case of a summary procedure, is complicated by the complexity of the case, such as the failure to determine the extent to which the patent rights fall into the scope of the protection, without the application of a simple procedure, to be processed in accordance with article 31 of this approach, and the patent administration should communicate the parties in a timely manner and justify the reasons.

Article 37 of the patent administration is suspected of taking a patent against a patent, which is carried out in accordance with the provisions of the relevant laws and regulations such as the People's Republic of China Patent Act.

The patent administration censorship takes a patent act, and the host and the lender should cooperate actively and assist.

Chapter V Excellence of patents and the management of archives

Article 338 The patent administration should establish an exhibition of the patented integrity file and include the following in the archives:

(i) Violations of article 12 of this approach;

(ii) Be identified as a patent infringe, a patent or a repetition of a violation;

(iii) The patent owner and the owner, after the existing technology or existing design of patent authorizations, lodge a request for treatment to the host party or the patent administration.

Article 39 The patent administration should incorporate in accordance with the provisions provisions the information on the authenticity of the archives into the enterprise credit information system of the executive branch, achieve the sharing of corporate credit information resources between the sector, effectively monitor and prevent patent infringements and false patents.

Article 40. The patent administration should be made public to society for infringements of patents and forfeitures during the exhibition.

Article 40. The patent administration conducts an exhibition on the incorporation of the patented authentication files, with a focus on the examination of the relevant patent rights certificate material during the exhibition.

Chapter VI Legal responsibility

Article 42, article 10, articles 11, 12 and 21 of this approach is in breach of articles 10, 11, 12 and 21 of this scheme, by the patent administration to be responsibly corrected, warnings and criticisms.

In violation of the relevant provisions of this approach by the proponents of article 43, there are one of the following cases in which the patent executive order is to be changed; the refusal to reproduce, could be fined by more than 100,000 dollars:

(i) No opening of a patented complaints treatment body;

(ii) A refusal to accept a complaint by a patent owner or an stakeholder, and no measures have been taken in accordance with a provision or contract agreement to prohibit an exhibition project;

(iii) If a patent owner or a stakeholder lodges a complaint, rejects the relevant evidence or refuses to cooperate with the public evidence body to obtain evidence;

(iv) The refusal of the executive and the judiciary to access the complaints file and to refuse the parties' access to and reprint the complaints file.

Article 44, in violation of article 8 of this approach, impedes the enforcement of the patent administration in accordance with the law and imposes penalties on the security authorities.

Article 445 The patent administration and its staff are in violation of the relevant provisions of this approach, with one of the following cases being disposed of by the superior patent administration or by the inspection department by law:

(i) There is no publication of the model contract on the website;

(ii) There is no guidance and oversight for the hosting of the exhibition;

(iii) No work on the patent protection of the exhibition to the management function;

(iv) Toys negligence, abuse of authority and favour private fraud.

Chapter VII

Article 46 offers hosted by central and national authorities in Canton may be implemented in the light of this approach; their competent authorities may make provision for the protection of patents.

Article 47