The district (county) patent administrative department shall, under the leadership of the people's government at the same level and the guidance of the municipal patent administrative department, do a good job in patent protection and promotion within its jurisdiction, and handle patent infringement disputes as entrusted by the municipal patent administrative department.
Development and reform, education, science and technology, industry and information technology, public security, human resources and social security, agriculture and rural areas, commerce, copyright, culture, radio, film and television, tourism and sports, health and wellness, state-owned assets management, taxation, customs and other departments shall do a good job in patent protection and promotion according to their respective duties.
Radio and television, press and publication, medical and health, scientific research and other enterprises and institutions and relevant social organizations should carry out patent knowledge publicity and education to raise the patent awareness of the whole society. Chapter II Patent Protection Article 7 The Municipal People's Government and its relevant departments shall establish a mechanism for patent protection and rights protection, and support patent protection agencies, legal service agencies, patent service agencies and trade associations to carry out patent protection and rights protection services according to law in various ways.
Encourage enterprises and industry associations to establish regional and industrial patent protection alliances and cooperation mechanisms, and support enterprises to carry out collective rights protection in domestic and foreign trade and investment. Article 8 No unit or individual may infringe upon the patent rights of others or counterfeit patents.
No unit or individual may provide convenient conditions such as manufacturing, selling, using, displaying, advertising, warehousing, transportation, mailing and hiding. For acts of infringing others' patents or counterfeiting patents. Article 9 If the municipal patent administrative department entrusts the district (county) patent administrative department to handle patent infringement disputes, it shall specify the authorization authority and make it public; The district (county) administrative department for patent affairs shall be entrusted to guide and supervise the entrusted matters, and shall bear legal responsibility for such acts. The entrusted district (county) administrative department for patent work may not entrust other administrative organs or organizations to handle patent infringement disputes. Article 10 Where the respondent of an administrative case of patent infringement disputes requests the administrative department for patent affairs to suspend the handling of the case, it shall submit a copy of relevant evidence within the defense period. Where the suspension is requested due to the request for invalidation of the patent right, it shall be submitted to the patent administration department of the State Council within 3 days from the date of receiving the acceptance document for the request for invalidation of the patent right; Do not meet the above requirements, the administrative department for patent work may not accept it. Article 11 In the process of handling patent infringement disputes, the administrative department for patent affairs may, according to the application of the parties or the needs of the case, entrust a patent technology appraisal institution to appraise the patented technology. If the parties apply for appraisal, the appraisal fee shall be paid in advance by the applicant; Where the patent administration department entrusts an appraisal, the appraisal fee shall be shared according to the responsibilities of the parties after the case is closed. Article 12 If a party considers that his behavior does not constitute infringement of patent rights, he may request the administrative department for patent affairs to confirm it. A request for determination that does not constitute patent infringement must meet the following conditions:
(1) The respondent must be the patentee or a person who has an interest in the patent right;
(2) The act of requesting confirmation occurred within the administrative area of this Municipality;
(3) Providing the respondent with evidence related to the patent dispute and relevant technical carriers, articles and materials;
(4) The parties concerned have not brought a lawsuit to the people's court on this dispute, nor have they requested the administrative department for patent affairs to handle it.
The administrative department for patent affairs shall, within five days from the date of receiving the materials requested by the requester, decide whether to accept or not, and notify the requester in writing; If it decides to accept the application, it shall send a copy of the requested materials to the respondent within five days from the date of acceptance, and require it to make a written statement within fifteen days from the date of receipt. If the respondent fails to submit a written statement within the time limit, it will not affect the department in charge of patent work for handling. Article 13 In the process of handling disputes that do not constitute patent infringement, if a party requests the administrative department for patent affairs to handle patent infringement, the administrative departments for patent affairs may merge them and handle them in accordance with the provisions of laws and regulations dealing with patent infringement disputes; Where a party brings a suit in a people's court for patent infringement and is accepted, the administrative department for patent affairs shall terminate the handling.