The patent administrative department of the municipal people's government with districts shall be responsible for the patent management and protection within their respective administrative areas.
The patent administrative department of the county (city, district) people's government shall be responsible for the relevant patent management and protection in accordance with the duties stipulated in these regulations.
The relevant administrative departments of science and technology, industry and commerce, public security, customs, economy and trade shall, according to their respective duties, do a good job in patent management and protection. Article 4 The patent administrative department of the people's government at or above the county level shall be equipped with a certain number of full-time personnel according to the needs to engage in the specific work of patent management and protection. Chapter II Patent Management and Protection Article 5 The people's governments at or above the county level shall set up special funds for patents for the following purposes:
(a) Providing financial subsidies for applications for patents such as inventions;
(2) the cultivation of patent talents;
(3) Pilot demonstration of patent work;
(four) to promote the implementation and industrialization of patented technology;
(five) to reward inventors or designers who have made significant contributions;
(six) to support the acquisition of foreign patents and international patent exchanges and cooperation;
(7) Other matters. Article 6 The patent administrative department of the people's government at or above the county level shall strengthen the guidance on the patent work of enterprises, promote technological innovation of enterprises, and form independent intellectual property rights. Article 7 People's governments at or above the county level shall encourage units and individuals to apply for foreign patents for their qualified inventions and creations according to their needs, and the patent administration department shall give necessary guidance. When applying for a foreign patent, no state secrets shall be disclosed.
The people's governments at or above the county level shall organize international patent exchanges and cooperation, and introduce and introduce foreign patented technologies that meet the needs of economic and social development in our province. Article 8 Patents obtained by inventors and designers of inventions and creations can be used as achievements and performance items such as qualification evaluation of their related professional skills. Article 9 No unit or individual may illegally exploit the patents of others, pass off the patents of others, or pass off non-patented products or methods as patented products or methods.
No unit or individual may provide funds, places, means of transportation, production equipment and other convenient conditions for counterfeiting other people's patents or counterfeit patented products and methods.
Any unit or individual has the right to report patent violations to the department in charge of patent work. Those who report meritorious service shall be rewarded by the department in charge of patent work. Article 10 If the owner of state-owned assets, as a legal person, needs to price the patent assets before transferring the patent application right or patent right, or before changing, terminating, reorganizing assets or changing property rights, he shall evaluate the patent assets in accordance with the relevant provisions of the state. Article 11 Enterprises, institutions and individuals are encouraged to conduct patent search when developing technology, import and export trade or setting up enterprises with patent rights.
Where a government-funded research and development, achievement transformation or technological transformation project, technology import and export trade initiated by the government, and the government science and technology progress award is declared by patented technology, the applicant or the applicant shall submit a patent search report or relevant certificates. Article 12 The patentee who publicizes patented products and patented methods through advertisements and the units and individuals licensed to exploit patents shall provide effective patent certification documents to advertising agents and publishers; Units and individuals licensed to exploit patents shall also provide copies of relevant patent exploitation license contracts.
Advertising agents and publishers shall examine relevant supporting documents according to law, and shall not design, produce or publish advertisements without valid documents. Thirteenth intermediary agencies engaged in patent services such as patent agency, patent technology trade, patent assets evaluation, patent information retrieval, patent consultation, etc., shall go through the registration formalities according to law before engaging in patent intermediary services.
Patent intermediary service institutions and their staff shall carry out patent intermediary services according to law, and shall not issue false reports such as patent retrieval, patent asset evaluation and patent information consultation. , shall not collude with others to harm the interests of the state, the collective or the third party, and shall not deceive or coerce the parties to conclude a patent-related contract.
The department in charge of patent work shall strengthen the guidance and supervision of patent intermediary service institutions and their staff. Article 14 Where the patentee and its interested parties find that the inbound and outbound goods are suspected of infringing their patent rights, they may request the customs to implement protective measures in accordance with the Regulations of People's Republic of China (PRC) on Customs Protection of Intellectual Property Rights. Article 15 Organizers of exhibitions, exhibitions, promotion meetings and trade fairs. The patent certificate or patent licensing contract of the products or technologies exhibited with the patent mark and patent number shall be examined. Those who cannot provide valid certificates may not participate in the exhibition in the name of patented products or patented technologies.
The patent administrative department is responsible for the supervision and management of patented products or patented technologies involved in the exhibition. If the patent administration department has evidence to prove that the exhibitors have patent infringement, counterfeiting other people's patents, impersonating patents, etc. , can be ordered to withdraw the exhibition and dealt with according to law; If the exhibitor has any objection and provides a guarantee, he may not withdraw the exhibition for the time being. After the exhibition, the patent administration department will investigate and deal with it according to law.
The organizers and exhibitors of the exhibition shall assist and cooperate with the departments in charge of patent work to investigate and deal with patent violations, and shall not refuse or hinder them.