Where the administrative department for patent affairs violates the provisions of the preceding paragraph, it shall be ordered by its superior organ or supervisory organ to make corrections, eliminate the influence and confiscate the illegal income; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Interpretation of this article is about prohibiting the patent administration department from participating in business activities such as recommending patented products to the society, and the legal responsibility that it should bear in violation of this provision.
1. The department in charge of patent work, as a state organ that carries out administrative management of patent work according to law, should perform its duties of patent work management fairly according to law, investigate and deal with violations of the patent law according to law, and protect the legitimate rights and interests of patentees and social interests. The quality of patented products should be judged by the market and consumers, and should not be decided or recommended by a state organ, otherwise fair competition in the market may be affected. As for the patent management department's participation in the business activities of patented products in other ways, it is even more inconsistent with the nature of the patent management department, damaging the image of state organs, affecting the objectivity and fairness of patent management, and may also lead to corruption. To this end, the first paragraph of this article clearly stipulates that the department in charge of patent work is prohibited from participating in business activities such as recommending patented products to the society. Violators will be investigated for legal responsibility according to law. What needs to be explained here is that this provision does not affect the departments in charge of patent work to publicize and recommend outstanding patent technology achievements to the society free of charge by holding exhibitions of patent technology achievements or other means. This is what the patent administration department can and should do.
Two, according to the provisions of the second paragraph of this article, the department in charge of patent work shall bear the following legal responsibilities when participating in business activities such as recommending patented products to the society:
1. Order correction, eliminate the influence and confiscate the illegal income. That is, the superior organ or supervisory organ of the department in charge of patent work requires the illegal unit and its relevant personnel to stop their behavior, withdraw the recommended documents or oral requests made, and eliminate the adverse effects. Where the department in charge of patent work and its relevant personnel have illegal income, the higher authorities or supervisory organs shall confiscate the illegal income, and the confiscated illegal income shall be turned over to the finance according to regulations.
2. Administrative sanctions. Where the administrative department for patent affairs illegally participates in business activities such as recommending patented products, and the circumstances are serious, resulting in adverse effects, in accordance with the provisions of the Administrative Supervision Law, the Provisional Regulations on State Civil Servants and other laws and administrative regulations, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of warning, demerit recording, gross demerit recording, demotion, dismissal or expulsion according to the circumstances.