1. Article 17 of the Patent Law stipulates that the patentee has the right to indicate the patent mark and patent number on his patented product or the packaging of the product.
2. It should be pointed out that according to the provisions of this article, after filing a patent application and before authorization, the applicant shall not mark the application number as the patent number on his product or packaging because he has not obtained the patent right.
3. At the same time, Article 12 of China's Advertising Law stipulates that if an advertisement involves a patented product or patented method, it shall indicate the patent number and patent type. Those who have not obtained the patent right shall not lie in advertisements that they have obtained the patent right. It is forbidden to use patent applications that have not been granted patent rights and patents that have been terminated, revoked or invalid for advertising.
Article 6 stipulates that the administrative department for industry and commerce of the people's government at or above the county level is the advertising supervision and management organ.
Article 55 stipulates that advertisers who publish false advertisements in violation of the provisions of this law, deceive and mislead consumers, and damage the legitimate rights and interests of consumers in purchasing goods or receiving services shall bear civil liability according to law; Advertising agents and publishers who design, produce and publish advertisements knowing or should know that advertisements are false shall bear joint liability according to law.
I. Patents
1, patent, literally means exclusive rights. The word "patent" comes from Latin "Litterae patentes", which means open letters or open documents. It is a certificate used by medieval monarchs to issue certain privileges, and later refers to the exclusive right certificate signed by the British king himself.
2. In modern times, patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others under normal circumstances with the permission of the patentee. In China, there are three kinds of patents: inventions, utility models and designs.
Second, China National Intellectual Property Administration.
1. China National Intellectual Property Administration, the People's Republic of China, is the directly affiliated institution in charge of national patent work and overall coordination of foreign-related intellectual property affairs in the State Council.
2. China National Intellectual Property Administration ("China National Intellectual Property Administration, China" or "China National Intellectual Property Administration"). Officially referred to as "CNIPA"), its predecessor was People's Republic of China (PRC) and China Patent Office (hereinafter referred to as China Patent Office). 1980 the State Council approved the establishment, 1998 the State Council reform. China Patent Office changed its name to China National Intellectual Property Administration, and became an institution directly under the State Council, in charge of patent work and coordination of foreign-related intellectual property affairs. Among them, China National Intellectual Property Administration has China National Intellectual Property Administration Patent Office, which accepts and examines patent applications in a unified way and grants patent rights according to law. 20 18 deepen the institutional reform in the State Council, integrate the responsibilities of China National Intellectual Property Administration, the trademark administration of the State Administration for Industry and Commerce and the geographical indications of origin of the State Administration of Quality Supervision, Inspection and Quarantine, and re-establish China National Intellectual Property Administration, which will be managed by the State Administration of Market Supervision. The main duties are to protect intellectual property rights, promote the construction of intellectual property protection system, be responsible for the registration and administrative adjudication of trademarks, patents and geographical indications of origin, and guide the law enforcement of trademarks and patents. Trademark and patent law enforcement duties are entrusted to the market supervision comprehensive law enforcement team _M, to protect the victims, kiss the victims and talk about them. The official brothers, the official brothers and the surname of the company were all detained.