When mediating patent disputes, the administrative department for patent affairs shall follow the principles of voluntariness and legality, and urge the parties to understand each other and reach a mediation agreement on the basis of finding out the facts and distinguishing right from wrong.
The department in charge of patent work shall investigate and deal with counterfeiting of patents on the basis of facts, take the law as the criterion, follow the principles of fairness and openness, and give administrative penalties commensurate with the facts, nature, circumstances and social harm of illegal acts. Article 4 The department in charge of patent work shall strengthen the construction of patent administrative law enforcement team, strictly manage the qualifications of administrative law enforcement personnel, implement the administrative law enforcement responsibility system, and standardize patent administrative law enforcement.
Patent administrative law enforcement personnel (hereinafter referred to as "law enforcement personnel") shall hold administrative law enforcement certificates issued by China National Intellectual Property Administration or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Law enforcement officers should dress seriously when performing official duties. Article 5 China National Intellectual Property Administration may, according to needs, organize relevant departments for patent administration to investigate and deal with patent infringement disputes and patent counterfeiting cases with great influence.
For major cases involving more than two provinces, autonomous regions and municipalities directly under the Central Government, the departments in charge of patent affairs of the relevant provinces, autonomous regions and municipalities directly under the Central Government may report to China National Intellectual Property Administration for coordinated handling or investigation.
China National Intellectual Property Administration should give necessary guidance and support to the difficult problems encountered by the patent administration department in patent administrative law enforcement. Article 6 The patent administration department may, according to local conditions, entrust the patent administration department established by the people's government at the city or county level with practical handling capacity to investigate and deal with patent counterfeiting and mediate patent disputes.
The entrusting party shall supervise and guide the entrusted party in investigating and handling counterfeit patents and mediating patent disputes, and bear legal responsibilities. Article 7 If a law enforcement officer designated by the patent administration department has a direct interest with a party concerned, he shall withdraw, and the party concerned has the right to apply for his withdrawal. If a party applies for withdrawal, it shall explain the reasons.
The withdrawal of law enforcement personnel shall be decided by the person in charge of the patent administration department. Before the decision on whether to withdraw is made, the applicant for withdrawal shall suspend his participation in the case. Article 8 The patent administrative department shall strengthen administrative law enforcement in the field of exhibitions and e-commerce, quickly mediate and handle patent infringement disputes during exhibitions and on e-commerce platforms, and promptly investigate and deal with patent counterfeiting. Article 9 The department in charge of patent work shall strengthen the informatization construction of administrative law enforcement and information sharing. Chapter II Handling of Patent Infringement Disputes Article 10 To request the administrative department for patent affairs to handle patent infringement disputes, the following conditions shall be met:
(1) The claimant is the patentee or interested party;
(2) Having a clear respondent;
(three) there are clear requests and specific facts and reasons;
(4) The scope of acceptance and jurisdiction of the patent administrative department;
(5) The parties concerned have not brought a lawsuit to the people's court on the patent infringement dispute.
The interested parties mentioned in the first paragraph include the licensee of the patent licensing contract and the legal heir of the patentee. Among the licensees of a patent licensing contract, the licensee who exclusively implements the licensing contract may make a separate request; The licensee who exclusively implements the licensing contract may make a separate request without the request of the patentee; Unless otherwise agreed in the contract, the licensee who generally implements the license contract cannot make a separate request. Article 11 Where a patent administrative department is requested to handle a patent infringement dispute, a written request and the following supporting materials shall be submitted:
(a) the subject qualification certificate, that is, the individual submits the resident identity card or other valid identity documents, and the unit submits a copy of the valid business license or other subject qualification documents and the identity certificate of the legal representative or principal responsible person;
(2) Proof that the patent right is valid, that is, a copy of the patent register, or the patent certificate of the current year and the receipt for paying the annual patent fee.
Where a patent infringement dispute involves a patent for utility model or design, the administrative department for patent affairs may require the claimant to issue a patent evaluation report (utility model patent search report) made by China National Intellectual Property Administration.
The claimant shall provide a copy of the request and relevant evidence according to the number of the requested persons. Article 12 The written request shall include the following contents:
(a) the name and address of the claimant, the name and position of the legal representative or principal responsible person, and the names and addresses of the agents and agencies if an agent is entrusted;
(2) The name and address of the requested person;
(three) the matters requested to be handled, as well as the facts and reasons.
Relevant evidence and supporting materials can be submitted in the form of attachments to the request.
The request shall be signed or sealed by the requester.