National intellectual property Council decided on patent administrative law enforcement approach (December 29, 2010 national intellectual property Council makes 60th, released) be modified, modified Hou of content for: a, and first article to "for in-depth advance law administrative, specification patent administrative law enforcement behavior, protection patent people and social public of lawful rights and interests of, maintenance socialist market order, according to People's Republic of China patent law, and People's Republic of China patent law implementation rules and other about legal regulations, developed this approach.

"Second, fourth, the words" administrative authorities for patent Affairs should strengthen the construction of administrative enforcement powers for patent, strict administrative law enforcement personnel qualification management, implementation of the responsibility system for administrative law enforcement, standard patent administrative law enforcement. Patent administrative law enforcement personnel (hereinafter ' law enforcement ') shall hold the State intellectual property office or provincial, autonomous regional and municipal people's Government issued the certificate of administrative law enforcement. Law enforcement officer in the execution of their duties should be taken seriously. "Third, an article shall be added as the eighth:" administrative authorities for patent Affairs exhibition and e-commerce Executive in the field of law enforcement should be strengthened, rapid mediation, handling patent infringement disputes and during the exhibition on e-commerce platform, investigating acts of counterfeiting a patent in a timely manner. "Four, an article shall be added as article Nineth:" patent administrative departments should strengthen the construction of administrative law enforcement information and information sharing. "Five, 19th to 21st, and change the first paragraph to" the administrative authority for patent Affairs handling of patent infringement, shall, within 3 months from the date of filing the case. Case is particularly complex needs extension, it should be approved by the head of the administrative authority for patent Affairs. Approved extension period, up to 1 month. "Six, 22nd to 24th, and change the first paragraph to" requested submitted statement of views and agree to mediation, administrative authorities for patent Affairs should be received within 5 working days from the date of filing of the statement and notify the requesting and the requested person the time and place of mediation. "Seven, 26th to 28th, and the words" administrative authorities for patent Affairs found or received reports, complaints found suspected of passing off the Patent Act, since the discovery of 5 working days from the date or received reports, complaints within 10 working days from the date of filing, and specify two or more law enforcement officers to investigate. "Eight, and 41st article to 43rd article, and increased a items as subsection (six) items:" (six) ordered infringement of exhibition party take from exhibition Shang withdrawal infringement exhibits, and destroyed or sealed corresponding of publicity material, and replaced or cover corresponding of exhibition Board, withdrawal exhibition measures; "increased a paragraph, as second paragraph:" management patent work of sector finds e-commerce platform Shang of patent infringement behavior established, made processing decided of, Shall notify the e-commerce platform provider for patent infringement in a timely manner or the infringing products directly obtained by patented method related pages deleted, blocked or broken links and other measures. "Nine, and 43rd article to 45th article, and increased a items as subsection (five) items:" (five) ordered fake patent of exhibition party take from exhibition Shang withdrawal fake patent exhibits, and destroyed or sealed corresponding of publicity material, and replaced or cover corresponding of exhibition Board, withdrawal exhibition measures; "increased a paragraph, as second paragraph:" management patent work of sector finds e-commerce platform Shang of fake patent behavior established of, should notification e-commerce platform provides who timely on fake patent products related page take delete, and Measures such as shielding or broken links. "Ten, 44th to 46th, and the words" administrative authorities for patent Affairs to identify patent infringement is established and the decision to order the infringer to stop the infringing act immediately, or certified patent counterfeiting was established and made the decision, shall, within 20 working days from the date of the decision to publish timely releases, including law enforcement information through Government Web sites. "Third, other articles adjusted accordingly.

Modified article seventh, 13th, 17th and 30th, 38th, 39th, and 40th in terms such as "cases of employees" to "enforcement officers".

This decision shall take effect on July 1, 2015. Annex patent administrative law enforcement approach (December 29, 2010 national intellectual property Council makes 60th, released according to May 29, 2015 released of national intellectual property Council makes 71st, national intellectual property Council on modified straddling patent administrative law enforcement approach of decided Amendment) first chapter General first article for in-depth advance law administrative, specification patent administrative law enforcement behavior, protection patent people and social public of lawful rights and interests of, maintenance socialist market order, according to People's Republic of China patent law

And the People's Republic of China implementation rules of the patent law and other relevant laws and regulations, these measures are formulated.

Second administrative authorities for patent Affairs administrative law enforcement, dealing with patent infringement disputes, mediate patent disputes and investigate acts of counterfeiting a patent, these measures shall apply.

Article III administrative authorities for patent Affairs handling of patent infringement should be based on the facts, and take law as the criterion, and follow the principles of fair and timely.

Administrative authorities for patent Affairs to mediate patent disputes shall follow the principle of voluntary, legal, in ascertaining the facts and distinguish on the basis of mutual understanding prompted the parties, mediation agreement is reached.

Administrative authorities for patent Affairs to investigate acts of counterfeiting a patent shall take facts as the basis and law as the criterion, and follow the principles of fairness, openness, and given administrative penalties should violations of truth, character, plot, and harm.

Fourth administrative authorities for patent Affairs should strengthen the construction of administrative enforcement powers for patent, strict administrative law enforcement personnel qualification management, implementation of the responsibility system for administrative law enforcement, standard patent administrative law enforcement. Patent administrative law enforcement personnel (hereinafter "law enforcement officers") shall hold the State intellectual property office or provincial, autonomous regional and municipal people's Government issued the certificate of administrative law enforcement.

Law enforcement officer in the execution of their duties should be taken seriously.

Article fifth to have a major impact on the patent infringement case, fake patent cases, State intellectual property office in may, when necessary, relevant administrative authorities for patent Affairs handling, investigation.

For acts involving two or more provinces, autonomous regions and municipalities directly under the major cases, the relevant provinces, autonomous regions and municipalities directly under the administrative authority for patent Affairs may report to the State intellectual property office to coordinate treatment or investigation.

Administrative authorities for patent Affairs administrative law enforcement problems encountered, and the State intellectual property Office should be given the necessary guidance and support.

Sixth administrative authorities for patent Affairs can be based on local conditions, Entrust has a practical capacity of municipal and County a patent Management Department to investigate counterfeiting Patent Act patent disputes, mediation.

Clients should be entrusted to investigate counterfeiting a patent and conduct supervision and guidance of the mediate patent disputes, and legal responsibilities. Article seventh assigned by the administrative authority for patent Affairs law enforcement personnel and parties directly interested in, should be avoided, the parties have the right to apply for his withdrawal.

Challenged by the parties, it shall explain the reasons. Avoidance of law enforcement personnel, decided by the head of the patent department.

Evasive before a decision was requested to withdraw personnel should be suspended in the case work.

Article eighth administrative authorities for patent Affairs shall strengthen the exhibition and e-commerce Executive in the field of law enforcement, mediation, fast handling patent infringement disputes and during the exhibition on e-commerce platform, investigating acts of counterfeiting a patent in a timely manner.

Nineth administrative authorities for patent Affairs should strengthen administrative law-enforcement information and information-sharing.

Second chapter patent infringement disputes of processing tenth article requests management patent work of sector processing patent infringement disputes of, should meet following conditions: (a) requests people is patent people or interest relationship people; (ii) has clear of was requests people; (three) has clear of requests matters and specific facts, and reason; (four) belongs to by case management patent work of sector of by case and jurisdiction range; (five) party no on the patent infringement disputes to court prosecution. First referred to an interested person, including a patent license contract of licensee and the patentee's legal successor.

Licensee of the patent licensing contracts and exclusive licensing contract to the licensee may claim by itself; an exclusive licensing contract of the licensee in the case of the patentee does not request, requests can be submitted separately unless otherwise specified in the contract, general licensing contracts licensee cannot claim by itself.

11th article requests management patent work of sector processing patent infringement disputes of, should submitted requests book and the following proved material: (a) subject qualification proved, that personal should submitted identity card or other effective identity documents, units should submitted effective of license or other subject qualification proved file copy and the statutory representative people or main head of identity proved; (ii) patent effective of proved, that patent registration book copy, or patent certificate and when paid patent years fee of receipt.

Patent infringement dispute relates to utility models or design patents, issued by the administrative authority for patent Affairs may require the requesting person franchise evaluation reports made by the State intellectual property Office (patent search report).

Requests shall be provided in accordance with the requested number of requests for copies and related evidence.

12th letter of request shall record the following: (a) the claimant's name, address, name of the legal representative or principal responsible person, title, principal-agent, the agent's name and agency name, address, and (ii) the requested name or name and address of the person; (c) the matters of facts and reasons for the request.

The evidence and supporting material can be submitted as an attachment in the request.

Request shall be signed or sealed by the claimant.
13th article requests meet this approach tenth article provides conditions of, management patent work of sector should in received requests book of day up 5 a days within filed and notification requests people, while specified 3 name or 3 name above singular law enforcement personnel processing the patent infringement disputes; requests not meet this approach tenth article provides conditions of, management patent work of sector should in received requests book of day up 5 a days within notification requests people not accepted, and description reason.

14th administrative authorities for patent Affairs shall, within 5 working days from the date of filing the request and serve a copy of the attachment to the requested person, requires the respondent in the 15th date of receipt and according to the number of requests has provided his written copy.

Party who fails to submit the statement of Defense, without prejudice to the administrative authority for patent Affairs for processing.

Of the person filing the request, administrative authorities for patent Affairs shall, within 5 working days from receipt of the statement of Defense, serve a copy of the applicant. 15th administrative authorities for patent Affairs when dealing with patent infringement cases, according to the wishes of the parties to mediate. The parties agree, by the administrative authority for patent Affairs conciliation agreement, stamp its seal and signed or sealed by the parties.

In case of a dispute, it shall make a decision. 16th administrative authorities for patent Affairs to deal with patent infringement disputes, on the facts you need to decide whether to hold oral hearings. Administrative authorities for patent Affairs decided to conduct an oral hearing shall be at least 3 business days prior to the oral proceedings oral proceedings, time, place, notify the parties.

Parties without any justified reason, refuses to attend or drop out without permission, according to the request to withdraw the request processing, the requested person, in the absence of treatment.

17th administrative authorities for patent Affairs to hold oral proceedings, participants in the oral proceedings, and proceedings should be recorded, after they have been checked, signed or sealed by the law enforcement and participant. 18th 59th of the patent law mentioned in the first paragraph of "invention or utility model patent protection for its claim as the norm" refers to the scope of patent protection shall be determined by its technical features of claim records prevail, including records and technical features phase as determined by the range.

Equivalent characteristic refers to the technical characteristics and recorded with essentially the same means to achieve essentially the same function, achieve the same effect, and field technician without creative work will be able to think of the feature. 19th article except reached mediation agreement or requests people withdrawn requests zhiwai, management patent work of sector processing patent infringement disputes should making processing decided book, stated following content: (a) party of name or name, and address; (ii) party statement of facts and reason; (three) finds infringement behavior whether established of reason and according to; (four) processing decided finds infringement behavior established and need ordered infringement people immediately stop infringement behavior of, should clear stated ordered was requests people immediately stop of infringement behavior of type

, Object and scope of infringement acts are not established should be dismissed the claimant's request; (v) ways to appeal against the decision in administrative proceedings and deadlines.

The written decision shall bear the seal of the administrative authority for patent Affairs.

20th the patent or the existence of a people's Court for infringement and order the infringer to stop the infringing act immediately decided, or after the verdict, was renewed by claimant in respect of the same patent infringement of the same type, the patentee or interested party request processing, administrative authorities for patent Affairs may direct shall be ordered to immediately cease the infringement decision. Article 21st administrative authorities for patent Affairs handling of patent infringement, shall, within 3 months from the date of filing the case. Case is particularly complex needs extension, it should be approved by the head of the administrative authority for patent Affairs.

Approved extension period, up to 1 month.

Post in case handling, identification, suspend time is not included in the cases referred to in the preceding paragraph, such as processing time limit.

Chapter III patent dispute mediation 22nd request of the administrative authority for patent Affairs to mediate patent disputes shall be filed.

The request shall record the following: (a) the claimant's name, address, name of the legal representative or principal responsible person, title, principal-agent, name and agency name and address of that representative; (b) the claimant's name, address, and (iii) specific items and reasons to request mediation.

Separate requests for mediation of patent infringement damages, shall be submitted to the relevant acts of infringement of the administrative authority for patent Affairs set up a copy of the written decision.

Article 23rd administrative authorities for patent Affairs after the mediation request was received, shall promptly request a copy by mail, by personal delivery or by other means being served on the claimant, require the date of its receipt in the 15th to submit statements.

24th article submitted statement of opinion and consent to mediation, administrative authorities for patent Affairs should be received within 5 working days from the date of filing of the statement and notify the requesting and the requested person the time and place of mediation.

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

25th administrative authorities for patent Affairs to mediate patent disputes can invite the relevant units or individuals to assist, units or individuals invited shall assist in mediation.

26th the parties reached an agreement through mediation, by the administrative authority for patent Affairs conciliation agreement, stamp its seal and signed or sealed by the parties; failed to reach agreement, the administrative authorities for patent Affairs to dismiss the case closed, and notify the parties.

27th due to disputes over the ownership of the right of patent application or patent right request for mediation, the parties may accept the notice of administrative authorities for patent Affairs request the State intellectual property office to suspend the patent application or of the patent right of the procedure. Reached an agreement through mediation, the Parties shall take the mediation agreement the State intellectual property Office for the recovery procedures; no agreement is reached, the parties concerned shall take notice of a dismissal of the case issued by the administrative authority for patent Affairs to the State intellectual property Office for the recovery procedures.

Requests requests for suspension of 1 year after the date of the extension of the suspension, State intellectual property office resume the relevant procedure.

Chapter fourth patent counterfeiting investigation article 28th of administrative authorities for patent Affairs found found suspected of passing off the Patent Act or acceptance of reports, complaints, since the discovery of 5 working days from the date or received reports, complaints within 10 working days from the date of filing, and specify two or more law enforcement officers to investigate.

Article 29th investigating patent counterfeiting by the acts of administrative authorities for patent work have jurisdiction.

Administrative authorities for patent Affairs to the jurisdiction dispute, common higher level people's Government by the administrative authority for patent Affairs under no common superior administrative authority for patent Affairs, designated by the State intellectual property Office's jurisdiction. Article 30th administrative authorities for patent Affairs attachment, arrest of suspected fake patented products shall be approved by the Director.

When sealing up, distraining, parties should be issued the notice. Administrative authorities for patent Affairs attachment, arrest suspected fake patented products, should be counted on the spot, make notes and lists, signed or sealed by the parties and law enforcement personnel. The party refuses to sign or seal, by law enforcement officers indicate on the transcript.

Shall give the parties a copy of the list.

31st article case survey end, by management patent work of sector head approved, according to case situation respectively for following processing: (a) fake patent behavior established should be punishment of, law give administrative punishment; (ii) fake patent behavior minor and has timely corrected of, from punishment; (three) fake patent behavior not established of, law revoked case; (four) suspected crime of, law transferred police organ.

Article 32nd before the administrative authorities for patent Affairs made decision on administrative penalty, shall inform the party making the decision the facts, grounds, and basis, and inform the Parties shall enjoy the rights. Administrative authorities for patent Affairs before taking a large amount of fine decision, it shall inform the parties have the right to request hearings.

Hearing requests made by the parties, it shall organize the hearing.

33rd parties the right to State and defend administrative authorities for patent Affairs may not plead aggravated by the parties to administrative penalties. Administrative authorities for patent Affairs of parties the facts, reason, and evidence should be verified.

Established facts are true, the reasons given by the parties, administrative authorities for patent Affairs should be adopted.

Article 34th on the intricate plot or grave violations of administrative punishment should be decided collectively by the head of the administrative authority for patent Affairs.

35th article by survey, fake patent behavior established should be punishment of, management patent work of sector should making punishment decided book, stated following content: (a) party of name or name, and address; (ii) finds fake patent behavior established of evidence, and reason and according to; (three) punishment of content and perform way; (four) refuses to punishment decided application administrative reconsideration and filed administrative litigation of way and term.

The written decision shall bear the seal of the administrative authority for patent Affairs. Article 36th administrative authorities for patent Affairs to investigate cases of passing off the patent shall, within 1 month from the date of filing the case. Case is particularly complex needs extension, it should be approved by the head of the administrative authority for patent Affairs.

Approved extension period, up to 15th.

In the course of the case hearings, notice time is not included in the cases referred to in the preceding paragraph, such as processing time limit. Fifth chapter investigation 37th in the course of patent infringement disputes, because of objective reasons can not be collected some evidence by the parties, may request in writing the administrative authority for patent Affairs investigation and evidence collection.

Administrative authorities for patent Affairs decides whether to investigate and collect evidence.

In dealing with patent infringement disputes, investigating patent counterfeiting process, administrative authorities for patent work needed to investigate and collect evidence ex officio. While law enforcement officers investigate and collect relevant evidence, shall provide the party or the relevant administrative law enforcement personnel to show their documents.

Parties and associated personnel shall assist and cooperate, reflect, and may not refuse or obstruct. Article 38th administrative authorities for patent Affairs to investigate and collect evidence can read and copy and contracts, account books and other relevant documents relating to the case; ask parties and witnesses; measure, photograph, camera, such as on-site inspection.
Suspected violations of manufacturing method patent, administrative authorities for patent Affairs may require that the person be a live demo.

Administrative authorities for patent Affairs to investigate and collect evidence should make a written record. Record shall be by law enforcement officers, units or individuals being investigated signature or seal.

Units or individuals being investigated refuses to sign or seal, by law enforcement officers indicate on the transcript.

39th administrative authorities for patent Affairs to investigate and collect evidence can take the form of sampling and evidence. Product patent, part can be drawn from the allegedly infringing products as samples involving patents, products can be obtained directly from the connection in accordance with the methods to extract a part as a sample.

Is the number of samples shall be limited to to prove that fact. Sample administrative authorities for patent Affairs to evidence a record shall be kept and the list, giving samples save the number of the names, characters, and locations, by law enforcement officers, units or individuals under investigation have signed or sealed. Units or individuals being investigated refuses to sign or seal, by law enforcement officers indicate on the transcript.

Those surveyed list should be one.

40th after that evidence may be destroyed or lost or difficult to obtain, and can't sample evidence cases, administrative authorities for patent Affairs may register save and decided at the 7th.

The registration and preservation of evidence, survey units or individuals shall not be destroyed or transferred. Administrative authorities for patent Affairs to register record shall be kept and the list, clearly state the name of the registration and preservation of evidence, characteristics, quantity, and save location, units or individuals investigated by the law enforcement personnel, were signed or sealed. Units or individuals being investigated refuses to sign or seal, by law enforcement officers indicate on the transcript.

Those surveyed list should be one. 41st administrative authorities for patent Affairs need to entrust other administrative authorities for patent Affairs to help investigate and collect evidence, should put forward a clear requirement.

Entrusted to the departments should promptly and seriously to help investigate and collect evidence, and reply as soon as possible.

42nd suspected infringing goods detained by the Customs to investigate and request the administrative authority for patent Affairs to provide assistance, and administrative authorities for patent Affairs shall give assistance.

Administrative authorities for patent Affairs handling patent cases involving import and export goods, you can request assistance from the customs. Sixth chapter legal responsibility 43rd article management patent work of sector finds patent infringement behavior established, made processing decided, ordered infringement people immediately stop infringement behavior of, should take following stop infringement behavior of measures: (a) infringement people manufacturing patent infringement products of, ordered its immediately stop manufacturing behavior, destroyed manufacturing infringement products of dedicated equipment, and mold, and shall not sales, and using yet sold of infringement products or to any other form will its put market; infringement products to save of, Ordered infringement people destroyed the products; (ii) infringement people without patent people license using patent method of, ordered infringement people immediately stop using behavior, destroyed implementation patent method of dedicated equipment, and mold, and shall not sales, and using yet sold of in accordance with patent method by directly get of infringement products or to any other form will its put market; infringement products to save of, ordered infringement people destroyed the products; (three) infringement people sales patent infringement products or in accordance with patent method directly get of infringement products of,

Ordered its immediately stop sales behavior, and shall not using yet sold of infringement products or to any other form will its put market; yet sold of infringement products to save of, ordered infringement people destroyed the products; (four) infringement people promised sales patent infringement products or in accordance with patent method directly get of infringement products of, ordered its immediately stop promised sales behavior, elimination effect, and shall not for any actual sales behavior; (Five) infringement people imports patent infringement products or in accordance with patent method directly get of infringement products of, ordered infringement people immediately stop imports behavior; infringement products has entry of, shall not sales, and using the infringement products or to any other form will its put market; infringement products to save of, ordered infringement people destroyed the products; infringement products yet entry of, can will processing decided notification about customs; (six) ordered infringement of exhibition party take from exhibition Shang withdrawal infringement exhibits, and

Destroyed or sealed the corresponding promotional materials, changing or dismantling measures such as covering the appropriate panels and (VII) other necessary measures to stop the infringing act.

Administrative authorities for patent Affairs found that patent infringement is established on the e-commerce platform, make a decision, it shall notify the e-commerce platform provider for patent infringement in a timely manner or the infringing products directly obtained by patented method related pages deleted, blocked or broken links and other measures.

44th administrative authorities for patent Affairs to identify patent infringement is established and order the infringer to stop the infringing act immediately after the decision, claimant filed a suit before the administrative litigation, in implementation of the decision shall not be suspended during the proceedings.

Infringer for infringement of the administrative authority for patent Affairs established to deal with expiry of the decision not to prosecute was not to stop the infringing act, administrative authorities for patent Affairs may request the people's Court for compulsory execution. 45th article management patent work of sector finds fake patent behavior established of, should ordered behavior people take following corrected measures: (a) in not was grant patent of products or its packaging Shang mark patent identifies, and patent was declared invalid Hou or terminated Hou continues to in products or its packaging Shang mark patent identifies or without license in products or products packaging Shang mark others of patent, of, immediately stop mark behavior, elimination yet sold of products or its packaging Shang of patent identifies ; Products Shang of patent identifies to elimination of, destroyed the products or packaging; (ii) sales subsection (a) items by said products of, immediately stop sales behavior; (three) in products manual, material in the will not was grant patent of technology or design called patent technology or patent design, will patent application called patent, or without license using others of patent,, makes public will by involved of technology or design errors think is others of patent technology or patent design of, immediately stop issued the material,

Destroyed yet issued of material, and elimination effect; (four) forged or variable made patent certificate, and patent file or patent application file of, immediately stop forged or variable made behavior, destroyed forged or variable made of patent certificate, and patent file or patent application file, and elimination effect; (five) ordered fake patent of exhibition party take from exhibition Shang withdrawal fake patent exhibits, and destroyed or sealed corresponding of publicity material, and replaced or cover corresponding of exhibition Board, withdrawal exhibition measures; (six) other necessary of corrected measures.

Administrative authorities for patent Affairs found that e-commerce patent counterfeiting set up on the platform, shall notify the e-commerce platform provider of counterfeiting patent-related pages deleted, blocked or broken links and other measures.

Article 46th administrative authorities for patent Affairs to identify patent infringement is established and the decision to order the infringer to stop the infringing act immediately, or certified patent counterfeiting was established and made the decision, shall, within 20 working days from the date of the decision to publish timely releases, including law enforcement information through Government Web sites.

47th administrative authorities for patent Affairs identified patent counterfeiting set up, can determine the perpetrator of illegal income in the following ways: (a) the sale of fake patented products, the product sale price multiplied by the number of products sold as part of its illegal income; (ii) contract to make counterfeiting a patent to charge fees as part of its illegal income.

48th after the administrative authority for patent Affairs made the decision, the parties may apply for administrative reconsideration or bring administrative proceedings, in the course of administrative reconsideration or litigation does not stop execution of the decision.

49th patent counterfeiting Act shall, from the date of receipt of the written decision in the 15th, to the designated bank to pay penalty decision State fines due is not paid, 3% Add a fine in amount of the daily penalty.

50th refuses or obstructs the administrative authority for patent affairs according to law in performing their duties, by the public security organs in accordance with the People's Republic of China public security management punishment law provides for penalties if the case is serious enough to constitute a crime, they shall be investigated for criminal responsibility by judicial organs.

Seventh chapter supplementary articles article 51st administrative authorities for patent Affairs can be sent, by personal delivery, Lien served, service or other service-related legal instruments and materials.

52nd this approach by the State intellectual property office is responsible for the interpretation. 53rd these measures come into force on February 1, 2011.





19th December 17, 2001 the State intellectual property office patent issued administrative enforcement measures repealed simultaneously.