Article 11 of the Patent Law After the patent right for invention and utility model is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, use, promise to sell, sell or import its patented products for production and business purposes, nor may it use its patented methods and use, promise to sell, sell or import products directly obtained according to the patented methods.
Article 60 Where a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, the parties concerned shall settle it through consultation; Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately.
It should be noted that, at the same time, not all intellectual property administrative departments have the administrative enforcement power of patents, and the industrial and commercial and copyright departments are also intellectual property departments, but they have no enforcement power. The patent administrative departments with enforcement power refer to the patent administrative departments (local intellectual property offices) above the municipal level.
Second, for infringement, the administrative power of the Intellectual Property Office is limited to identifying the infringement and ordering it to stop, and there is no power of confiscation and fine. In addition, the administrative decision of local intellectual property rights does not take effect immediately, nor is it final. If a party refuses to accept the administrative decision of the Intellectual Property Office, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling, and the judgment of the court is final.
Other provisions on the handling of local intellectual property infringement: If the infringer fails to prosecute and stop the infringement upon expiration, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement; If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC). (Article 60 of the Patent Law)