The intellectual property department of Pudong New Area is responsible for the overall coordination, organization and implementation of intellectual property protection, carrying out comprehensive acceptance of relevant businesses of the state intellectual property department in Pudong New Area, comprehensively exercising the administrative law enforcement power of relevant departments in the field of intellectual property according to their functions and powers or accepting entrustment, and cooperating with the state intellectual property department to carry out administrative law enforcement of integrated circuit layout design.
Pudong New Area Intellectual Property Protection Center shall establish and improve a "one-stop" protection mechanism for intellectual property affairs, connect with the national intellectual property protection platform, promote the "one-network-run" of national intellectual property affairs in Pudong New Area, and assist in carrying out relevant administrative law enforcement work as stipulated in the preceding paragraph by relying on the "one-network-run" platform. Article 3 The intellectual property department of Pudong New Area shall, in accordance with the provisions of the state intellectual property department, provide pre-trial services for patent applications submitted for accelerated examination in the fields of biomedicine, high-end equipment manufacturing and new-generation information technology.
The intellectual property department of Pudong New Area shall cooperate with the national intellectual property department to carry out quick confirmation services such as priority review of invalid patent reexamination cases and remote video trial of invalid patent cases, and promote the joint trial of patent confirmation cases and administrative adjudication cases. Article 4 Where a unit or individual entrusts a professional institution to investigate whether a product or technology infringes another person's patent right at the patent implementation stage before entering a foreign market or listing, and obtains a patent implementation investigation report, it can be used as a reference for judging whether there is intentional infringement. Article 5 In the administrative law enforcement procedure of copyright infringement involving public interests, if the respondent claims not to bear the tort liability, it shall provide evidence to prove that it has obtained the permission of the obligee, or the law stipulates that it can be used without the permission of the obligee. If the respondent is unable to provide or the evidence provided is insufficient to overturn the evidence of infringement provided by the complainant, it may be determined that the respondent's behavior constitutes copyright infringement. Article 6 Where a unit or individual maliciously applies for trademark registration, it shall give a warning to the applicant. If there is illegal income, a fine of less than 5 times and not more than 50 thousand yuan may be imposed. If there is no illegal income, a fine of less than 30 thousand yuan may be imposed. Article 7 Any unit or individual is prohibited from committing the following acts in violation of the provisions on the protection of geographical indications:
(1) Using the product name or product description of geographical indications to mislead the public into thinking that the product comes from protected geographical indications;
(2) using protected geographical indication product names or their free translation, transliteration and literal translation, or using expressions such as "class", "type", "shape" and "imitation" on the same or similar goods outside the scope of origin;
(three) unauthorized use of special signs for geographical indications on products;
(four) the use of signs similar to the special signs for geographical indications on products, which makes the public mistakenly think that they are special signs for geographical indications;
(5) selling the above products.
In violation of the provisions of the preceding paragraph, it shall be ordered to stop the illegal act immediately, and the products illegally produced and sold and the tools for forging special geographical indications shall be confiscated and destroyed; If the illegal business amount is more than 50 thousand yuan, a fine of less than five times the illegal business amount may be imposed; If there is no illegal business amount, the illegal business amount is difficult to calculate or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed. Whoever, in violation of the provisions of the preceding paragraph, sells a product he doesn't know, can prove that the product was legally obtained by himself and explain it to the supplier, shall be ordered to stop selling. Article 8 In the administrative law enforcement procedure of trade secrets, if the holder of trade secrets provides preliminary evidence to prove that he has taken confidentiality measures for the claimed trade secrets and reasonably proves that the trade secrets have been infringed, the infringement suspect shall prove that the rights holder claims that they are not trade secrets or that there is no infringement of trade secrets.
Except under the circumstances stipulated in the Anti-Unfair Competition Law of People's Republic of China (PRC), the infringer shall be ordered to return or destroy the drawings, software or other relevant carriers containing trade secrets, and shall not continue to disclose, use or allow others to use trade secrets. Where the products produced by the infringer using the trade secrets of the obligee have not been sold, the infringer shall be supervised to destroy them, unless the obligee agrees to buy them or the infringer agrees to continue selling them.
If the obligee requests the people's court to return or destroy the drawings, software or other relevant carriers containing trade secrets, and to remove the trade secret information held by it, the people's court shall support it. Article 9 Organizers of exhibition activities shall not allow exhibitors who have not submitted their intellectual property performance commitments or relevant intellectual property ownership certificates to participate in the exhibition.
If the obligee complains about the infringement of the participating projects, the exhibition organizer shall immediately require the exhibitors to provide proof of non-infringement within a limited time; If the exhibitor cannot provide it, the organizer of the exhibition shall immediately take measures such as covering up, withdrawing the exhibition or canceling the participation qualification.
If the exhibition organizer violates the provisions of the first and second paragraphs of this article, he shall be given a warning and may be fined more than 30,000 yuan100,000 yuan.