Key Benefits:
(Adopted by the 13th ordinary meeting of the Government of the Metropolitan People on 4 March 2004 No. 104 of the Decree No. 104 of 19 March 2004 No. 104 of the Metropolitan People's Government of 1 May 2004) Chapter I General Article 1, in order to protect the creation of patent rights invention, to preserve the legitimate rights of patent applicants, patents and the public, to promote scientific and technological progress and innovation, to develop this approach in line with relevant legal provisions such as the People's Republic of China patent law, the People's Republic of China patent law enforcement rules, the Sichuan Province patent protection regulations. Article 2 governs patent management, administrative handling and conciliation of patent disputes, voucher patents against others and patents and other patent-related activities. The law, legislation and regulations provide otherwise, from their provisions. Article 3. The Industrial Intellectual Property Authority is the executive branch for the management of patents in this city, responsible for the management of patents in the present city's administration and the organization of this approach. The executive branch, such as economic trade, science and technology, public safety, business administration, quality technical supervision, copyrights and broad-based electricity, has a patent protection within their respective responsibilities. Sectors in which the Governments of the various districts (markets) administer patents, under the guidance of the IGO, work on patent protection in the present administrative area. The peoples' governments in Article IV (markets) should clearly regulate the sectors in which patents work are to be coordinated to deal with important issues in patent management. Chapter II Patent protection and management Sections that manage patent work and other relevant administrations should be able to manage patents and establish a patent evaluation system to measure regional, industrial and technological innovation capacities. Emphasis is placed on the work of the enterprise, business units in patent protection, leading to the establishment and improvement of the patent management system. More than 6 people at the district level should increase inputs to the patent cause and establish specific funds for patent-environmental finance. Funding specifically for patent-environmental finance is used to finance patent applications for citizens, legal persons or other organizations in the present administration, support for patent projects and advocacy for training, incentives, etc. Article 7 encourages units and individuals to make timely requests for domestic, international patents, and the sectors that manage patent work should provide the necessary guidance. Prior to applying for patents, persons associated with the inventive creation of technical programmes have a confidential responsibility for the invention and cannot be transferred privately. The units granted patent rights should be given incentives to inventors or designers created by job invention, in accordance with the provisions of laws, regulations. After the transfer of patents, payments should be made to invented inventors or designers. An incentive or compensation may be paid in cash, shares, dividends or other form of agreement by the parties. Article 8 may be organized or commissioned by the relevant units for the identification of patent technology based on the request of the parties. The parties may also entrust the patent technical accreditation body established by law. Article 9. In one of the following cases, the parties shall submit to the relevant authorities an effective certificate of the patent retrieval report or the patent rights: (i) Major scientific research and new technologies, new products development; (ii) Export and import trade of technology, equipment; (iii) Applications for national enabling and investment science and technology projects; (iv) Insolvency with patent technology, equipment as a joint venture and a cooperative venture within the IGO; (v) An asset assessment of patent assets; (vi) Other important economic trade activities involve patents. Article 10. The State's asset possession unit is one of the following cases and should be assessed on the patent assets: (i) The transfer of patent applications and patent rights; (ii) Integration, separation or liquidation of State-owned enterprises and utilities units; (iii) Jointly with companies, enterprises, other economic organizations or individuals, both domestic and foreign, or licensed companies, businesses, other economic organizations or individuals, both domestic and foreign, to cooperate; (iv) The establishment of a limited liability company or equity company at a patent asset price; (v) The introduction of patent technology from abroad in all its forms; (vi) Other cases requiring a patent asset assessment. The assessment of patent assets is carried out by an asset assessment body with legal qualifications. Non-State asset possession units may also apply for the assessment of their patent assets in accordance with the law. Article 11. The patent owner and the patent implementing the licensee shall be entitled to mark the patent mark in the packaging of their patent products or patent products, and the mark of the patent mark shall be consistent with the relevant provisions. Article 12 uses advocacy, such as exhibitions, radio, television, press advertisements, marketing of patent products and patent methods, and the parties should submit valid documents such as patent certificates or patent licence contracts to the relevant sectors. Article 13 Exhibits, exhibits, extensions, traders and business circulation units should strengthen the management of products or technologies involved in patents, engage in exhibitions or sell products or technologies related to patents, and valid documents such as patent certificates or patent licence contracts should be identified. A certificate such as failure to provide a patent certificate or a patent licence contract should be denied access or sale in the name of a patent product, a patent technology. No unit or person in Article 14 shall deliberately provide conditions for the manufacture, sale, use, demonstration, warehousing, transport, concealment, etc. of a violation by another person of patent rights, of a patent against another person, of a patent against another person, of aggrieved, of a patent. In dealing with patent disputes, the sectors that manage patent work have the right to ask the parties and witnesses to check the items relating to the patent case and to register, in accordance with the law, a contract text, a book, etc., relating to the patent case, the unit or individual concerned shall be assisted and shall not be denied or obstructed. Article 16 governs cases of patents in the sectors in which patents work may be processed and may be registered on the basis of the applicant's application for possible loss of the case or for the destruction and transfer of the goods, and the relevant units or individuals shall not be denied or obstructed. The requester is required to apply for the registration of the encumbered measures and must provide security and be subject to sectoral review decisions in the management of patents. The requested person provides security and the sectoral review of the management of patents may determine the lifting of the seal. Any unit of article 17 or person has the right to report to the department responsible for the management of patents on the risk of taking the patent of another person or taking a patent offence. The sectors that manage patent work have a confidential obligation to reporters and related content. Chapter III Administrative handling of patent disputes Article 18, a patent owner or a licensor's violation of their patents without the licence of a patent owner, may request a sectoral approach to the management of patents, or may bring proceedings directly to the People's Court in accordance with the law. Article 19, the parties may request sectoral mediation in the management of patents at the district level or in accordance with the arbitration agreement, or in accordance with the law, to the People's Court of Justice: (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, designers' eligibility disputes; (iv) Inventors, designers and pay disputes; (v) Disputes that do not pay appropriate expenses after the patent application is made public and the patent rights are granted before the use of the invention. In relation to the dispute referred to in paragraph (v), the patent owner shall request mediation or prosecution after the patent is granted. Article 20 requires sectoral mediation and treatment of patent disputes requesting the management of patents, in accordance with the following conditions: (i) The applicant has a direct stake in the patent dispute; (ii) There is a clear request and factual basis for the requested person and specific requests; (iii) The parties have no arbitration agreement and the parties have not brought proceedings before the People's Court; (iv) The jurisdiction of sectoral cases in which patents are managed. Article 21 requires sectoral mediation in the management of patents, the handling of patent disputes, and the author should submit requests and relevant evidence. Upon receipt of the request by the department responsible for the management of patents, a review decision on admissibility should be taken within 10 days and a written notification to the requesting person. The submissions were incomplete and the management of the patented work sector could require that the requesting person be added to the required time. Article 2 governs sectoral mediation and dealing with patent disputes, and shall communicate copies of requests and letters of defence to the requested person within 5 days of the date of the submission. A copy of the request and a letter of reply shall be submitted within 15 days. The author's refusal to obtain copies of the request and the letter of reply or to submit the letter of reply, without prejudice to the treatment of the patent dispute case. The author's submission to the respondent and the management of the work of the patent shall send a copy of the letter of reply to the requesting person within 5 days of receipt. Article 23 deals with patent disputes in sectors that manage patent work and shall be communicated to the parties on time. The author's written notification does not give grounds for refusing to participate or, without consent, is the requesting person, disposed of the request by automatic withdrawal; it is the requested person and may, in absentia, take a decision. Article 24 governs sectoral mediation, dealing with patent disputes and follows the principle of validity of patent rights. After a patent dispute case, the applicant requested the patent review committee to request that the patent right of the requesting person be declared invalid and that, within 10 days of the date of receipt of the notice of the patent review commission, a written application for suspension of conciliation, processing procedures should be made to the sector that administers the case. The sector responsible for managing patents should make a review decision and inform the parties in writing. Article 25, when dealing with patent infringement disputes by sectors in which patents work, determines that violations are established, can be held accountable for the immediate cessation of violations by infringers: (i) End the manufacture, use, promise of sale, sale, export and import of abuse products; (ii) The destruction or dismantling of modelling and specialized tools for the manufacture of abuse products. The parties may initiate administrative proceedings in accordance with the law within 15 days of the date of receipt of the decision to deal with the above-mentioned decision; the failure of the parties to prosecute and cease violations, and the management of patents may apply to the enforcement of the People's Court. Article 26 Departments that manage patent work deal with cases of infringement of patents should produce a decision-making paper containing the following: (i) The name or name of the party; (ii) The facts and reasons presented by the parties; (iii) Determining whether the grounds and grounds for the violation are established; (iv) To deal with the decision to determine the type, target and scope of the violation to which the person is responsible should be clearly identified; to determine that the violation is not established and the request of the requesting person should be dismissed; (v) None of the means and duration of the decision to initiate administrative proceedings. In article 27, the patent owner and its facilitators may request the necessary measures to protect the patent rights in sectors such as the regulation of the work of the patent, the import and export of goods suspected of violating the patent rights. Article 28 governs cases of patents in the sectors where the patent work is carried out, and with the agreement reached by the parties, mediation letters should be produced to enter into force upon the parties; mediation does not take place by the parties in accordance with the law. Chapter IV Examination of the use of patents by other persons and the use of patents Article 29: The following acts are committed against another patent: (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 33: The following acts are committed by a non-patent product to the manufacture of a patented product and the use of a patent method by non- patent method: (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 31 Departments that manage patent work have found or accepted reports that they take the patents of others and take the patents into account should be examined within 10 days. Sections in which patents are managed are subject to the patents of another person and the use of a patent offence shall be punished within six months from the date of the complaint. Prior to the administrative penalties decisions taken by the sectors responsible for the management of patents, the parties should be informed of the grounds and the basis for the decisions on the penalties and the rights enjoyed by the parties under the law. The parties have the right to make statements and raise the defence that the facts, rationales and evidence presented by the authorities governing patents should be verified. The right of the parties to request a hearing should be informed before the administrative penalties decision for the management of the patented work had been taken by the authorities for more than 20,000 fines. The parties requested hearing and the written hearing request should be made within three days of the notification of the management of the work of the patent, which was not raised late, as a waiver of the hearing. Article 33 fifteenth makes it clear to the fact that a patent is taken against another person and that the evidence is clear that the sector responsible for the management of a patent should produce a penal decision containing the following: (i) The name or name of the party; (ii) Determination of the facts, evidence and applicable laws and regulations established by the offence; (iii) The content of penalties and the manner in which they are carried out; (iv) The manner and duration of the administrative proceedings to be decided without penalty. Article 36 does not determine the administrative penalties imposed by the parties for the management of the patented sector, which may be applied by law for administrative review or administrative proceedings. The authorities responsible for the management of patents may apply to the enforcement of the People's Court by applying for reconsideration, non-execution and punishment decisions. Chapter V Legal responsibility Article 37 creates the right to patent applications for non-functioning inventors or designers, which are subject to administrative disposition by the unit of the institution or the competent authority at the lower level, and assumes the corresponding civil responsibility in accordance with the law. Article 338, in violation of articles 12, 13 and 14, of this approach, is changing the period of time for the management of patents by the Government of the more than veterans at the district level, which is later uncorrected, with a fine of up to 3,000 dollars. In violation of article 15, article 16 of this approach, the parties concerned refused to provide or conceal, transfer, destruction of contracts, books, paper materials or unauthorized envelopes, transfer, processing of the encumbered items, and fines of up to 3,000 dollars for the management of the patented service; constitute offences and are criminalized by the judiciary. Article 49 of this approach provides for a false act of patenting against another person, in accordance with the provisions of the Patent Act of the People's Republic of China, which, in addition to its civil responsibility under the law, has been converted and made public notices by the authorities of more than 1,000 people to administer patents, forfeiture the proceeds of the offence, may be fined more than three times the proceeds of the violation; without the proceeds of an offence, the penalty of more than 50 million dollars could be imposed. Article 40 of this approach provides for the use of patents in accordance with the provisions of the Patents Act of the People's Republic of China, which is converted by sectoral responsibility for the management of patents by more than 1000 people's governments and can be fined up to 50,000 yen. Article 42 denied and obstructed the enforcement of public services by sector staff working in the administration of patents, in violation of the Law on the Safety and Security of the People's Republic of China, which is punishable by law by public security authorities; constitutes an offence punishable by law by the judiciary. Article 43 thirteenth abuses by sector staff who manage the patent work, play negligence, favour private fraud, are administratively disposed of by the unit or the competent organ concerned; reparations shall be made in accordance with the law for the legitimate rights and interests of the parties; and criminal liability shall be held by the judiciary. Annex VI Article 44 is interpreted by the Office of the Rule of Law of the Metropolitan Government. Article 42 |
