Patent rights have the following protection measures: civil protection, administrative protection, and criminal protection.
Article 65 of the Patent Law that came into effect on June 1, 2021: Implementing the patent without the permission of the patentee will infringe the patent rights and cause disputes, which shall be resolved by negotiation between the parties. . If they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent administration department to handle the matter.
If the patent management department determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within fifteen days from the date of receipt of the handling notice, comply with the provisions of the People's Republic of China *** The administrative procedure law of the People's Republic of China shall be used to file a lawsuit in the People's Court. If the infringer does not sue or stop the infringement upon expiration of the time limit, the patent management department may apply to the People's Court for compulsory enforcement.
The law stipulates
At the request of the parties, the patent management department that handles the matter may mediate on the amount of compensation for infringement of patent rights. If mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. When the patent management department investigates suspected patent counterfeiting based on the evidence it has obtained, it may question the relevant parties and investigate the circumstances related to the suspected illegal act.
Conduct on-site inspections of the premises where parties are suspected of illegal activities, and review and copy contracts, invoices, account books and other relevant materials related to suspected illegal activities. Inspect products related to suspected illegal activities and seal or detain products with evidence proving they are counterfeit patented products. When the patent management department exercises its powers as specified in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.