Where the patentee marks the patent mark on his patented product or the packaging of the product in accordance with the provisions of Article 17 of the Patent Law, it shall mark it in the manner prescribed by the patent administration department of the State Council.
Where the patent mark does not conform to the provisions of the preceding paragraph, the administrative department for patent affairs shall order it to make corrections. ?
The administrative department for patent work refers to the administrative department for patent work established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and the people's governments of cities divided into districts with heavy workload and strong practical handling capacity.
This provision shows that the patent management authority established by the relevant authorities in the State Council as stipulated in the detailed rules for the implementation of the Patent Law in the past is no longer the competent authority for patent work in the sense of the Patent Law. Only the patent administrative organs established by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and some people's governments that meet the statutory requirements, referred to as local patent administrative organs, are the departments that manage patent work in the sense of patent law, and some are called local intellectual property offices. At present, there are 54 local patent administrations in China. The provisions of the Patent Law and its implementing rules on the functions of the departments in charge of patent work only apply to them.
The Patent Law and the Detailed Rules for the Implementation of the Patent Law clearly stipulate that the department in charge of patent work is the functional department of the local government organ, which is responsible for patent management within its administrative area and should be an integral part of governments at all levels. Judging from the authority stipulated by law, it has the dual functions of patent management and patent law enforcement.
According to the provisions of the Patent Law and its detailed rules for implementation, the following disputes may be settled at the request of the parties concerned or ex officio:
1. Order to stop patent infringement.
2. Punish counterfeiting others' patents.
3. Punish patent counterfeiting.
4. Punishment of patent agencies or patent agents. [Advanced Intellectual Property]