Patent administrative law enforcement personnel (hereinafter referred to as law enforcement personnel) shall hold administrative law enforcement certificates issued by China National Intellectual Property Administration or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Law enforcement officers should dress seriously when performing official duties. 3. One article is added as Article 8: "The department in charge of patent work shall strengthen administrative law enforcement in the fields of exhibitions and e-commerce, quickly mediate and handle patent infringement disputes during exhibitions and on e-commerce platforms, and promptly investigate and deal with patent counterfeiting." 4. One article is added as Article 9: "The department in charge of patent work shall strengthen the informatization construction of administrative law enforcement and information sharing." Five, nineteenth to twenty-first, and the first paragraph is amended as "the department for the administration of patent work to deal with patent infringement disputes, should be closed within 3 months from the date of filing. If the case is particularly complicated and needs to be postponed, it shall be approved by the person in charge of the patent administration department. The maximum approved extension period shall not exceed 1 month. " 6. Article 22 is renumbered as Article 24, and the first paragraph is amended as "If the respondent submits an opinion statement and agrees to mediation, the patent administration department shall file a case within 5 working days from the date of receiving the opinion statement, and notify the applicant and the respondent of the time and place of mediation." 7. Article 26 is renumbered as Article 28, which is amended as: "Where the administrative department for patent affairs discovers or accepts reports or complaints about suspected counterfeit patents, it shall file a case within 5 working days from the date of discovery or within 10 working days from the date of receiving the reports or complaints, and appoint two or more law enforcement officers to investigate." Eight, forty-first to forty-third, and one item is added as item (six):
(6) ordering the infringing exhibitors to take measures such as withdrawing the exhibition, destroying or sealing up the corresponding publicity materials, replacing or covering the corresponding exhibition boards, etc.
One paragraph is added as the second paragraph:
"If the department in charge of patent affairs finds that the patent infringement of the e-commerce platform is established and makes a decision, it shall notify the e-commerce platform provider to take timely measures such as deleting, shielding or disconnecting the related webpage of the patented infringing product or the infringing product directly obtained according to the patent method." Nine, forty-third to forty-fifth, and one item is added as item (five):
(five) to order the exhibitors with counterfeit patents to take measures such as withdrawing the counterfeit patent exhibits from the exhibition, destroying or sealing up the corresponding publicity materials, replacing or covering the corresponding exhibition boards, etc.
One paragraph is added as the second paragraph:
"If the department in charge of patent work finds that the act of counterfeiting patents on the e-commerce platform is established, it shall notify the e-commerce platform provider to take timely measures such as deleting, blocking or disconnecting the relevant webpages of counterfeit patented products." 10. Article 44 is changed to Article 46 and amended as: "Where the administrative department for patent affairs makes a decision that patent infringement is established and the infringer is ordered to stop the infringement immediately, or counterfeit patent behavior is established and a penalty decision is made, it shall be announced within 20 working days from the date of making the decision, and law enforcement information shall be released in time through government websites and other means." XI。 The order of other clauses shall be adjusted accordingly. In the revised Articles 7, 13, 17, 30, 38, 39 and 40, "case handlers" are changed to "law enforcement personnel".
This decision shall come into force on July 1 2065438.