Article 63 Anyone who counterfeits another person's patent shall be dealt with in accordance with the provisions of Article 60 of this Law; If the circumstances are serious, the criminal responsibility of the person directly responsible shall be investigated by applying mutatis mutandis the provisions of Article 127 of the Criminal Law. Second, the relevant provisions of the criminal law
Article 127 Where an industrial and commercial enterprise, in violation of the provisions on trademark management, imitates another person's registered trademark, the person directly responsible shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine. Three. Relevant provisions of the patent law
Article 60 The patentee or interested party may, without the permission of the patentee, request the patent administration organ to handle the patent infringement, or directly bring a suit in a people's court. When dealing with it, the patent administration authorities have the right to order the infringer to stop the infringement and compensate for the losses; ……
Provisions on criminal responsibility
Article 4 The state shall, according to the needs of scientific and technological progress and socialist market economy, reform and improve the scientific and technological system and establish a mechanism for effectively combining science and technology with the economy. Article 5 The State encourages scientific research and technological development, popularizes the application of scientific and technological achievements, transforms traditional industries, develops high-tech industries, and uses science and technology to serve economic construction and social development. Article 6 The State shall popularize scientific and technological knowledge and raise the scientific and cultural level of all citizens.
The state encourages state organs, enterprises and institutions, social organizations and citizens to participate in and support scientific and technological progress activities. Article 7 the State Council shall formulate plans for the development of science and technology, identify major scientific and technological projects and major projects closely related to science and technology, and ensure the coordination of scientific and technological progress with economic construction and social development.
When formulating scientific and technological development plans and major policies, and determining major scientific and technological projects and major projects closely related to science and technology, we should fully listen to the opinions of scientific and technological workers and implement the principle of scientific decision-making. Article 8 The administrative department of science and technology of the State Council is responsible for the macro-management and comprehensive coordination of scientific and technological work throughout the country. Other relevant administrative departments of the State Council shall be responsible for the scientific and technological progress in accordance with the scope of duties stipulated by the State Council.
Local people's governments at all levels should take effective measures to promote scientific and technological progress.
The state helps ethnic minority areas and remote and poor areas to speed up the development of science and technology. Article 9 People's Republic of China (PRC) actively develops scientific and technological cooperation and exchanges with foreign governments and international organizations, and encourages research and development institutions, institutions of higher learning, social organizations and scientific and technological workers to establish various forms of cooperative relations with foreign scientific and technological circles. Chapter II Science and Technology and Economic Construction and Social Development Article 10 The State encourages research and development of new technologies, new products, new materials and new processes, and carries out rationalization proposals, technical improvement and technical cooperation activities to continuously improve product quality, raise labor productivity and economic benefits, and develop social productivity. Article 11 The state selects projects of great significance to economic construction, organizes scientific research and technological development, and accelerates the popularization and application of scientific and technological achievements in the production field. Article 12 The State establishes and develops the technology market and promotes the commercialization of scientific and technological achievements. Technology trading activities should follow the principles of voluntariness, equality, mutual benefit and compensation, honesty and credibility. Article 13 The state relies on scientific and technological progress to promote economic construction and social development, control population growth, improve the quality of the population, rationally develop and utilize resources, defend against natural disasters and protect the living environment and ecological environment. Article 14 The state relies on scientific and technological progress to revitalize the rural economy, promote the popularization and application of agricultural scientific and technological achievements, and develop high-yield, high-quality and efficient modern agriculture. Article 15 Local people's governments at or above the county level shall take measures to ensure that agricultural scientific and technological research and development institutions and demonstration and popularization institutions have the right to independently manage and use experimental bases and means of production, and conduct research, development, testing and popularization of new agricultural varieties and technologies.
The application and popularization of agricultural scientific and technological achievements shall be provided with paid services or free services in accordance with relevant laws and regulations. Article 16 Local people's governments at all levels shall encourage and support the development of mass scientific and technological organizations in rural areas, and provide socialized comprehensive scientific and technological services for industries such as planting, forestry, animal husbandry and fishery. Article 17 The state relies on scientific and technological progress to develop industries such as industry, transportation, post and telecommunications, geological exploration, construction and installation, and commerce, so as to improve economic and social benefits. Article 18 The state encourages enterprises to establish and improve technology development institutions, encourage enterprises to unite and cooperate with research and development institutions and institutions of higher learning, and improve their capabilities in research and development, intermediate experiments and industrial experiments. Article 19 Enterprises shall, according to the needs of the international and domestic markets, carry out technological transformation and equipment renewal, improve the level of scientific management, absorb and develop new technologies, and enhance market competitiveness.
Enterprises should carry out technological transformation, introduce foreign advanced technology and equipment, and implement national industrial and technological policies through consultation and demonstration.
Enterprises that adopt new technologies to develop and produce new products can enjoy preferential treatment in accordance with state regulations. Article 20 The state relies on scientific and technological progress to develop national defense science and technology, promote national defense modernization and enhance national defense strength.