(1) manufacturing or selling non-patented products marked with patent marks;
(two) after the patent right is declared invalid, the patent mark continues to be marked on the products manufactured or sold by it;
(3) Calling non-patented technology as patented technology in advertisements or other promotional materials;
(4) The non-patented technology is called patented technology in the contract;
(5) Forging or altering patent certificates, patent documents or patent application documents. Article 3 The act of counterfeiting other people's patents as mentioned in these Measures includes the following contents:
(a) without permission, mark the patent number of others on the products or product packages manufactured or sold by it;
(two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others;
(3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others;
(4) Forging or altering other people's patent certificates, patent documents or patent application documents. Article 4 These Measures shall apply to the investigation and punishment of patent counterfeiting and patent counterfeiting within the administrative area of Guangzhou. Article 5 The municipal administrative department for patent affairs is the competent authority to investigate and deal with counterfeiting patents and other people's patents, and is responsible for investigating and dealing with counterfeiting patents and other people's patents within the administrative area of this Municipality in accordance with these Measures.
Science and technology and information technology, industry and commerce, taxation, quality and technical supervision, public security, customs and other relevant departments shall, in accordance with their respective functions and duties, assist the departments in charge of patent work to investigate and deal with counterfeiting other people's patents and impersonating patents.
The municipal administrative department for patent work may entrust the municipal intellectual property inspection team and the district and county administrative departments for patent work to investigate and deal with acts of counterfeiting patents and counterfeiting patents of others. Article 6. Any unit or individual has the right to report acts of passing off patents and counterfeiting other people's patents to the municipal administrative department for patent affairs, which shall reward those who report meritorious service in accordance with relevant regulations and keep confidential the informants. Article 7 The municipal administrative department for patent affairs shall investigate and deal with the counterfeiting of other people's patents on the basis of facts and the law, and deal with it in time on the basis of finding out the facts and distinguishing the responsibilities. Chapter II Filing and Investigating Article 8 If the municipal administrative department for patent affairs receives a report or finds the act of impersonating a patent or another person's patent through inspection, it shall file a case within 7 days and assign two or more patent law enforcement officers to investigate and deal with it. Article 9 Under any of the following circumstances, the case-handling personnel shall voluntarily withdraw, and the parties have the right to apply for withdrawal:
(1) Being a party to the case or a close relative of the party;
(2) Having an interest in the case;
(3) Having other relations with the parties to the case, which may affect the impartial investigation.
Whether the staff who undertake the case should withdraw or not shall be decided by the municipal patent administration department. Article 10 The municipal administrative department for patent affairs may exercise the following functions and powers when investigating and dealing with patent counterfeiting and patent counterfeiting:
Questioning the parties and witnesses;
(two) to inspect, seal up or detain articles related to counterfeiting other people's patents or impersonating patents;
(three) to investigate and deal with acts of counterfeiting patents or counterfeiting other people's patents;
(4) consulting, copying, sealing up or detaining contracts, marks, account books and other materials related to patent counterfeiting or patent counterfeiting.
When the municipal patent administration department exercises the above functions and powers, the relevant units or individuals shall provide assistance and may not refuse. Article 11 The case-handling personnel shall make a written record when questioning the parties and witnesses, and submit it to the parties and witnesses for verification. If there are errors or omissions, the parties or witnesses are allowed to correct or supplement them. After verification, the parties or witnesses shall sign or seal the record page by page.
If a party or witness refuses to sign or seal, it shall be noted in the record. Article 12 If the municipal administrative department for patent affairs needs to consult the files, materials and original documents related to the case when investigating and verifying the evidence materials, the relevant units or individuals shall truthfully provide the materials and issue certificates when necessary. Thirteenth after investigation, the facts are clear and the evidence is conclusive, and the municipal administrative department for patent affairs shall make a decision on punishment within 6 months.
If the act of impersonating a patent or another person's patent is not established, the municipal patent administration department shall end the original case within 6 months and inform the parties concerned.