Address Guangzhou City, Guangzhou Municipal People's Government On The Revision Of The Patent Dispute Decision Approach

Original Language Title: 广州市人民政府关于修改《广州市处理专利纠纷办法》的决定

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Address Guangzhou City, Guangzhou Municipal People's Government on the revision of the patent dispute decision approach

    (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, 81st) 14th of 15 meeting of the Municipal Government decided to the Guangzhou handles patent disputes procedures as follows:

    Section one of the 14th and 15th in the "hold or suspend" amended to "attachment or arrest." Second, delete the 17th article ", intellectual property, administrative authorities for patent Affairs may entrust inspection team investigation, inspection, storage or suspended in connection with the case of goods, materials, books, equipment and other items.

    ”

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

    Guangzhou handles patent disputes procedures modified republished according to this decision.

    Report: Guangzhou handles patent disputes approach 2012 (revised) (May 28, 2002, people's Government of Guangzhou City (2002) 5th release, July 30, 2012, Guangzhou City people's Government, the 81st Amendment)

    Chapter I General provisions

    First in order to deal effectively with patent disputes and mediation, protection of the inventor and patentee and interested people's legitimate rights and interests, maintaining social and economic order, in accordance with the People's Republic of China patent law and its implementing rules and the Guangdong Province patent protection regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article in handling patent disputes and mediation in the administrative area, Guangzhou City, these measures shall apply.

    Article III administrative authorities for patent Affairs, responsible for handling patent disputes and mediation in the administrative area of the city.

    Municipal administrative authorities for patent Affairs may appoint a district, county administrative authorities for patent Affairs handling patent disputes and mediation within their respective administrative areas.

    Fourth, administrative authorities for patent Affairs to deal with patent disputes, should be based on the facts and take law as the criterion, and follow the principles of fair and timely.

    Departments to resolve patent disputes, patent, shall, in accordance with the law, in ascertaining the facts, based on responsibility.

    Article fifth patent disputes and mediation, following a case of non bis in idem principle.

    Chapter II jurisdiction for patent disputes and acceptance

    Sixth of municipal administrative authority for patent Affairs handling the infringement fell within the administrative area of the city of patent infringement disputes; conciliation of the following patent disputes:

    (A) the right of patent application and patent ownership disputes, the requested falls is located within the administrative area of the city;

    (B) qualification of the inventor, design disputes, requested falls is located within the administrative area of the city;

    (C) the invention inventor, designer of reward and compensation disputes, was awarded the franchise units falling within the administrative area of the city;

    (D) after publication of the patent application before the grant of patent right use the invention without paying the proper fee disputes, use of an invention falling within the administrative area of the city;

    (V) other administrative authorities for patent Affairs, mediation of patent disputes.

    Seventh request to deal with patent infringement for 2 years, from the patentee or interested party obtains or should have learned that date on which the infringement.

    Eighth request, administrative authorities for patent Affairs handling patent disputes and mediation, shall comply with the following conditions:

    (A) the claimant has a direct interest in the case is the relationship between entities or individuals;

    (B) clear by the requested person, there are specific matters and factual basis of the request;

    (C) the parties in respect of the patent disputes to the courts;

    (D) belong to the scope of administrative authorities for patent Affairs, and jurisdiction;

    (E) in line with the relevant provisions of these measures.

    Patent infringement dispute relates to utility model patents, issued by the administrative authority for patent Affairs may require the requesting person search report made by the patent Administration Department under the State Council.

    Nineth request, administrative authorities for patent Affairs handling or mediation of patent disputes shall be filed, and according to the requested number of copies for submission of requests.

    Requests shall include the following:

    (A) the claimant and the claimant's name or the name, address, legal representative or principal responsible person's name and position;

    (B) request handling or mediation, fact and reason, evidence of the matters;

    (C) patent valid certification.

    Request shall be signed or sealed by the claimant.

    Tenth of municipal administrative authorities for patent Affairs after receiving the patent dispute request, upon examination, shall accept or do not accept the notice issued on 7th. 11th of municipal administrative authorities for patent Affairs should accept a case from the date of the request, serve a copy of the requested person in the 7th.

    The requested person shall receive requests for copies within 15th of the respondent and relevant evidence.

    Party who fails to submit the statement of Defense, without affecting the work of handling patent disputes.

    Chapter III patent disputes and mediation

    12th municipal administrative authorities for patent Affairs accepted to deal with patent disputes after the request, shall designate the undertaker, in complex cases through a collegial group of experts according to the needs of collegial.

    13th, investigators with one of the following circumstances should shy away from, the parties have the right to ask his withdrawal:

    (A) is a relative of the party to the dispute;

    (B) have a stake in this dispute;

    (C) other relationships with the party to the dispute may affect the impartial handling of the dispute.

    14th municipal administrative authorities for patent Affairs to deal with patent disputes, the right to conduct on-site inspection to check, attachment or arrest tort-related files, drawings, information, books and other original documents, units or individuals to assist in the investigation and provide relevant materials shall not be refused.

    Investigators at the scene investigation must be presented with certificates and notify the parties and the relevant officers.

    15th of municipal administrative authority for patent Affairs handling patent disputes, according to the claimant's application, sealed up or seized with the case of the goods, materials, tools, equipment and other items. Claimant to apply for attachment or seizure of, must be guaranteed.

    Requested to provide guarantees, reviewed by the administrative authority for patent Affairs agreed that lifting the seizure or the return of seized items.

    16th disobey article 14th, units or individuals refuse to provide or concealing, transferring, destroying books in connection with the case, contracts, drawings, data, or unauthorized opening, transfer of seized items by the municipal administrative authorities for patent Affairs to its more than 1000 Yuan to 50,000 yuan fine.

    17th of municipal administrative authorities for patent Affairs may entrust other administrative authorities for patent Affairs investigation or other administrative authorities for patent Affairs Investigation Commission. 18th of municipal administrative authority for patent Affairs handling of patent infringement, requires an oral hearing on the merits.

    Decision to hold oral hearings, shall be notified in advance 3rd party time and place for an oral hearing, without any justified reason, refuses to attend or drop out without permission, according to the request withdrawn request processing, the requested person, in the absence of treatment.

    Employees should attend the oral proceedings in cases personnel heard and recorded, after they have been checked, signed or sealed by the participants. The 19th end of the investigation, trial and municipal administrative authorities for patent Affairs shall make a decision in a timely manner, and make a decision.

    The written decision shall set out the following:

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

    (B) the findings of fact and application of the laws, regulations or rules;

    (C) the treatment results and cost commitments;

    (D) appeal against the decision, bring an administrative suit the ways and terms;

    (E) make a decision on the date.

    The written decision shall bear the seal of the municipal administrative authorities for patent Affairs. 20th party who is dissatisfied with a decision, shall from the date of receipt of the written decision on 15th people's Court within administrative proceedings.

    Expires non-prosecution, or carry out, the municipal administrative authorities for patent Affairs may request the people's Court for compulsory execution.

    Bibliographic data is required, units or individuals can legally effective written decision and relevant supporting documents to the Administrative Department for patent under the State Council for the bibliographic data.

    21st in the patent or the people's Court for infringement decision, or a conviction after the establishment of the patentee or interested persons to the same requests for patent infringement of the same type, and municipal administrative authorities for patent Affairs to stop the infringing act immediately to the direct handling decisions.

    22nd may, at the request when the administrative authority for patent Affairs handling of patent infringement, or administrative authorities for patent Affairs, found that after the infringement is established, you can request mediation for infringement of a patent damages.

    23rd of municipal administrative authorities for patent Affairs after receiving the patent dispute mediation requests, copies of requests for mediation should be delivered by the requested person, and call it submitted observations within the period specified in the statement.

    24th article was submitted statement of views and agreed to the request for mediation, the municipal administrative authorities for patent Affairs shall accept the mediation request, promptly notify the applicant and the requested person the time and place of mediation, without a legitimate reason not to attend or drop out without permission, for claimants to withdraw his claims, claimants failed to reach agreement.

    Statement by claimant fails to submit comments, said in a statement of opinion or does not accept mediation, administrative authorities for patent Affairs shall notify the requesting person does not accept the mediation request.

    25th of municipal administrative authorities for patent Affairs to mediate patent disputes reached an agreement, the contents of the agreement shall not contravene national laws and policies, shall be without prejudice to the public interest and the interests of others.

    After a conciliation agreement, the 26th, the municipal administrative authorities for patent Affairs should mediation, conciliation statement 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) disputes the main facts and responsibilities;

    (C) the contents of the agreement and commitment fees.

    The conciliation statement shall be signed or sealed by the parties, signed by the sponsor and stamped with the seal of the municipal administrative authorities for patent Affairs.

    27th after mediation failed to reach an agreement, the municipal administrative authorities for patent Affairs to dismiss the case be closed and notify the parties.

    The fourth chapter by-laws

    28th in the processing of patent disputes or mediation, if criminal, shall be transferred to judicial organs for handling.

    29th of municipal administrative authorities for patent Affairs handling or mediation of patent disputes, according to the Guangzhou Municipal price Bureau approved the fees charged the registration fee and the mediation fee.

    Article 30th patent disputes the admissibility of the case and mediation fees should be made by the requesting person paid in advance.

    Patent fee shall be borne by the responsible party to the dispute, both parties are obliged, by size of cost-sharing of responsibility; mediation of patent disputes reached an agreement, the cost should be shared by the parties; and no agreement, costs should be borne by the claimant. 31st article this way come into force on the date of promulgation.

    Guangzhou mediation of patent disputes, published in 1988, this interim measures be repealed simultaneously.