Key Benefits:
(Adopted by the 58th Standing Committee of the People's Government of Oxford, 31 October 2005) Article 1, in order to protect the creation of patent rights invention, preserve the legitimate rights and interests of the patent owner, encourage invention to create and technological innovation, preserve the economic order of the socialist market and promote economic development, and develop this approach in line with the People's Republic of China Patent Act and the People's Republic of China Patent Act and the relevant laws, regulations and regulations. Article 2 governs patent management, patent protection and related activities in the present municipal administration. Article 3. The municipalities and territories, and the people of the counties should strengthen the leadership of patents, integrate patent protection and promotion into national economic and social development planning, develop a patent protection and development framework, encourage and support the development and application of patents, enforce strictly the laws, regulations and regulations of patent protection and guarantee the requirements for the development of patents. Article IV regulates the work of patents by the competent authorities of the patents in this city, which is responsible for the management of patents within the city's administration, the handling, mediation of patent disputes, the identification of patents against others, the use of patents and the implementation of the scheme. The sectors that regulate patent work in the district, district and district are guided by sectoral guidance in the management of patent work in the city and are responsible for patent management in the present administration, conciliation of patent disputes, inspection of voucher patents against others and for the use of patents. The executive authorities, such as development reform, science and technology, economic trade, education and agriculture, should be given the relevant patent protection in accordance with their respective responsibilities. Article 5 Article 6. Enterprise units should establish and refine patent management systems that specifically implement the creation, implementation, management and protection of patents. Business enterprises should establish a patented commodity entry recognition system to prevent the sale of goods that take the patents of others and take the patent. Article 7. The Government of the commune set up a patent award that grants incentives to units and individuals that generate good patents that yield better economic benefits and social benefits. Article 8. Industry associations should encourage members to apply for and enforce patents, support members in the maintenance of autonomous patent rights, promote members' respect for the patent rights of others and provide patent advice to members. Article 9 projects relating to the development of scientific research, technological transformation and industrialization, supported by government financial funds, should make ownership of intellectual property such as patent rights an important indicator for approval, appraisal, inspection. Article 10. The relevant sectors of the Government should have the number, quality, the status of the development of the patent management system as important indicators for identifying and conducting the examination of the patent rights, such as the city's high-technical enterprise and municipal enterprise technology centres. Article 11 The costs incurred by companies to purchase patents may be included in the cost in accordance with the relevant provisions. Article 12. The city has established patents for funding earmarked funds to encourage and support business units and individuals to apply for patents. Specific approaches are developed by the municipal authorities to manage patents. Article 13 requires projects such as scientific research development, technology adaptation, technology introduction, and industrialization of high-technical technologies, which are supported by government financial funds, the applicant shall submit to the relevant administrative authorities a report on the patent literature of the relevant technology. Article 14. The transfer of State assets shall be carried out in accordance with the relevant provisions of the State. In one of the following cases, the parties should provide effective proof of the patent right: (i) The publication of patent advertisements; (ii) A patent asset assessment; (iii) To request customs to protect the import and export of patent products; (iv) Procedural detention of patents; (v) Other cases where patent rights are validly certified. Article 16 units that are granted patent rights should be rewarded and paid to inventors or designers created in the job. The number, time and manner of awards or payments are agreed by the parties. In the absence of prior agreement, incentives and compensation should be given to inventors or designers created in job inventation, in accordance with the following provisions: (i) To grant inventors or designers awards within three months of the date of the creation of the patent granted, the award shall not be less than the minimum standards set by the law, legislation and regulations. (ii) After the application of patents to obtain economic benefits, a less than 5 per cent or less than 1 per cent of the profit from the application of the invention of patents or new types of patents shall be drawn from the profit of the application of the tax that is designed for the outside value of the patent, either as the paying inventor or the designr or, in the light of the above-mentioned ratio, a lump sum of compensation to the inventor or designr. (iii) The transfer of patents or the licence of others shall be carried out from less than 30 per cent of the proceeds after the receipt of transfers, the licence proceeds shall be paid to inventors or designers as compensation. Article 17 Intermediation, patent asset assessment, patent retrieval services and their staff shall be subject to the provisions of the law, regulations and shall not conduct the following acts: (i) Not to solicit operations without undue means; (ii) No false report; (iii) No legitimate interest shall be taken with respect to the part of the parties; (iv) The legitimate rights and public interest of the patent owner, other parties shall not be compromised. Article 18 organizers such as exhibitions, extensions and trade fairs may test their patent rights to valid evidence or a patent licence contract. The organizer may refuse to speak in the name of a patent product, patent technology for failure to provide a valid certificate or a patent licence contract. Any unit of article 19 or individual may not unlawfully enforce the patents of another person, take the patents of another person and take the patent, and shall not provide the conditions for the manufacture, sale, use, transport, demonstration, advertising, printing, concealment. Article 20, without a patent owner's licence, imposes its patent, triggers a patent infringement dispute and the parties are not willing to consult or consult, and the patent owner or the stakeholder may request a sectoral treatment of the work of the patent in accordance with the law or may su directly to the People's Court. Article 21 requires that the sectors requesting the administration of patents deal with the infringement of the patent should be in compliance with the following conditions: (i) The applicant is a patent owner or an owner; (ii) A clear requester; (iii) Clear requests and specific facts, reasons; (iv) The scope and jurisdiction of sectors that fall under the administration of patents in the city; (v) The parties did not sue the People's Court for the violation of the patent. The authorities requesting the administration of patents deal with the infringement of patents should submit requests and relevant evidence. Article 2 deals with cases of infringements of patents by sectors in which patents are administered, which may be entrusted with technical identification based on the application or merits of the parties. Article 23. The parties may request mediation of the sectors or sectors in which the patent is administered by the municipality, as well as the sectors in which the patent is administered: (i) The amount of compensation that violates the patent rights; (ii) The right to apply for patents and the right to belong to the patent; (iii) Inventors or designers' incentives and compensation disputes; (iv) Invention of a patent application for publication of a dispute that does not pay due expenses before the use of inventions; (v) Inventors, designers' eligibility disputes. Request for mediation of patent disputes should be submitted to the request and the relevant evidence. The parties have agreed upon by mediation and should produce conciliation agreements, signed by the parties or chapters, and sent within 10 days to the sector for the management of patents; mediation is not in place, and the parties can bring proceedings before the People's Court by law. Any unit or individual has the right to report to the municipal and district sectors for the management of patents against another person's patent or to use patent offences. Sectors that regulate patents in both urban and district areas should establish a reporting system, make the reporting form public, and provide incentives for the reporting, denouncing the patents of another person, taking the patent and assisting in the identification of a patent offence. Article 25 Sectors regulating patents may exercise the following functions: (i) Inquired the parties, the stakeholders and witnesses; (ii) Access, replication of information relating to case-related archives, contracts, paper, books and books; (iii) Conduct on-site surveys, such as inspections, photographs, cameras and measurements; (iv) A sample of evidence, registration of items related to the case; (v) Investigation of other cases related to the case. The units or individuals subject to registration shall not be destroyed or transferred. Article 26, in violation of article 13, article 14, article 15 of this approach, causes loss, is administratively disposed of by the unit of the institution or by the superior authorities of a person directly responsible or by an industrial self-regulation body; constitutes an offence punishable by law by the judiciary. Article 27, in violation of article 17 of this approach, imposes a fine of more than 3,000 dollars on the part of the municipal administration of patents in accordance with the circumstances; imposes liability under the law for the loss of the parties; constitutes a crime and is criminalized by law. Article 28 departments that regulate patent work determine the existence of a violation and make decisions to deal with it should take measures to combat violations in accordance with the following provisions: (i) A infringer manufactures a patent product that is responsible for the immediate cessation of manufacture, the destruction of specialized equipment or model equipment for the manufacture of infringed products, and for the sale, use of unsold infringed products or other forms of marketing them; (ii) The abuser uses the patent method to compel it to immediately cease the use of the act, destroy the specialized equipment or model of the patent method and not to sell, use the products of abuse that have not been sold directly or otherwise deport the market; (iii) The sale of patented products by infringers or products directly obtained under the patent method shall be subject to an immediate cessation of the sale and shall not be used to sell the products of abuse that have not been sold or otherwise to the market; (iv) The infringer's promise to sell patent products or products directly obtained under the patent method to immediately cease the promise of the sale of infringed products, eliminate their impact and refrain from any actual sale; (v) The infringers import patent products or products directly obtained under the patent method, and have entered the city, giving them no sale, use of the abuse product or otherwise selling the market; (vi) The abuser's use of patent abuse products for the purpose of producing the operation is responsible for the immediate cessation of the use of the act. Measures under subparagraphs (i), (ii), (iii), (v), (vi) and (vi) of the preceding paragraph cannot put an end to violations, or the difficulty of preserving the products of violations, and the authorities in the management of patents may be responsible for the destruction or dismantling of abuse products. Article 29 imposes a fine of up to 30,000 yen, in addition to the measures set out in article 28 of the scheme, for a number of units or individuals who deliberately commit a patent violation. Article 33 takes the patents of others, with the exception of civil responsibility under the law, the sectoral responsibility for the administration of patents has been changed and declared, forfeiture proceeds of the law, which can be fined up to three times the proceeds of the violation, without the proceeds of the offence, which can be fined up to 50,000 dollars, constituting an offence, and criminal liability by law. The use of patent products by non- patent products to be used in a non-patent method for a patent method is being redirected and declared by a sectoral order in which patents are managed, with a fine of up to $50,000. In order to facilitate the use of patents against others or the use of patents, the sector responsible for the management of patents are correct and may be fined by more than 1,000 yen; in exceptional circumstances, the fine of over 3,000 dollars. Article 31, in violation of article 25 of this approach, stipulates that the refusal, obstruction of the enforcement of the patent administration is lawful and constitutes a violation of the law, punishable by the public security authorities in accordance with the relevant provisions of the sanctions imposed on the administration of justice; and that criminal responsibility is lawful. Article 32 Staff in the municipal and district, district administration of patents, and other national staff play a role in patent work, abuse of authority, provocative fraud, are given administrative disposition by law, which constitutes a crime and are held criminally by law. Article 33 of this approach is implemented effective 1 January 2006. |
