Regulations of Chengdu Municipality on Patent Protection and Promotion

Chapter I General Provisions Article 1 In order to encourage and protect inventions and their popularization and application, promote scientific and technological progress and independent innovation, and cultivate independent intellectual property rights, these Regulations are formulated in accordance with the Patent Law of People's Republic of China (PRC), the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC), and the Regulations on Patent Protection of Sichuan Province, taking into account the actual situation in Chengdu. Article 2 These Regulations shall apply to the protection and promotion of patents within the administrative area of this Municipality. Article 3 The municipal and district (city) and county people's governments shall incorporate patent protection and promotion into the national economic and social development plan, establish and improve the patent protection and promotion mechanism, provide necessary safeguard measures and material conditions, and encourage and support the development and application of patents. Article 4 The municipal patent administration department shall be responsible for patent protection and promotion within the administrative area of this Municipality, and organize the implementation of these Regulations. The departments in charge of patent work in all districts (cities) and counties shall, under the guidance of the municipal departments in charge of patent work, carry out patent protection and promotion within their respective administrative areas.

The administrative departments of development and reform, science and technology, public security, commerce, industry and commerce, quality supervision, press and publication shall, according to their respective functions and duties, assist in patent protection and promotion. Chapter II Patent Protection Section 1 General Provisions Article 5 The municipal patent administrative department shall establish a coordination mechanism for patent protection; Investigate and deal with patent violations according to law, handle patent infringement disputes, and protect the legitimate rights and interests of patentees, inventors (designers) and other interested parties. Article 6 Any unit or individual is prohibited from engaging in the following acts:

(1) Infringing the patent right of others;

(two) counterfeiting the patent of others;

(3) passing off non-patented products as patented products and passing off non-patented methods as patented methods.

It is forbidden for any unit or individual to provide funds, places, equipment, transportation, storage and other convenient conditions for production and operation for the acts listed in the preceding paragraph. Seventh infringement of the patent right of others, causing disputes, by the parties through consultation; Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a civil lawsuit to the people's court or request the municipal patent administration department to handle it.

Counterfeiting other people's patents shall be handled by the municipal patent administration department; Suspected of constituting a crime, it shall be transferred to the public security organ according to law.

Those who pass off non-patented products as patented products or pass off non-patented methods as patented methods shall be investigated and dealt with by the municipal administrative department for patent affairs. Article 8 The municipal administrative department for patent affairs shall establish a file on the illegal acts listed in the first paragraph of Article 6 of these Regulations, and after the case is handled or closed, inform the relevant information to the credit information collection agencies of enterprises and individuals in this Municipality, which will announce it to the public. Section 2 Administrative investigation and punishment of patent violations Article 9 The municipal administrative department for patent affairs shall establish a reporting system, encourage units and individuals to report patent violations, and keep confidential the informants.

The municipal administrative department for patent affairs shall, within 7 days, review and file a case if it receives a report or finds one of the acts listed in Item (2) and Item (3) of Paragraph 1 of Article 6 of this Ordinance. Article 10 The municipal administrative department for patent affairs may exercise the following functions and powers according to law when investigating patent violations:

Ask the relevant parties and witnesses;

(2) consulting and copying contracts, invoices, account books and other relevant materials related to this case;

(three) to conduct on-site inspection of the places where the parties are suspected of patent infringement;

(4) Sampling for evidence collection;

(five) for the alleged infringement of the patent right of the manufacturing method, the respondent is required to make a live demonstration;

(six) entrust the relevant units or experts to carry out technical inspection and appraisal;

(seven) other functions and powers as prescribed by laws and regulations. Article 11 When investigating and collecting evidence, the municipal administrative department for patent affairs may register and seal up the articles related to the case that may be lost, damaged or transferred according to law.

Before the case is handled, no unit or individual is allowed to unseal, destroy or transfer the articles involved. Article 12 When the municipal administrative department for patent affairs investigates and deals with patent violations, the relevant units and individuals shall provide assistance and cooperation, truthfully reflect the situation, and shall not refuse or obstruct. Section 3 Administrative Handling and Mediation of Patent Infringement Disputes Article 13 A party requesting the municipal administrative department for patent affairs to handle a patent infringement dispute shall meet the following conditions:

(1) The claimant is the patentee or interested party;

(2) Having a clear respondent;

(three) there are clear requests and specific facts and reasons;

(4) The domicile of the respondent or the place of infringement is within the administrative area of this Municipality;

(5) One party to the patent infringement dispute has not brought a lawsuit to the people's court. Article 14 When a party requests the municipal administrative department for patent affairs to handle a patent infringement dispute, it shall submit a written request, relevant evidence and supporting materials, and provide copies according to the number of respondents.

The municipal administrative department for patent affairs shall, within 10 days from the date of receiving the request and relevant evidence, make a decision on whether to accept it, and notify the requester in writing.

The municipal administrative department for patent affairs shall, within 5 days from the date of deciding to accept the patent infringement dispute, serve a copy of the request and the notice of defense on the respondent.

The respondent shall submit the defense and relevant evidence within 05 days after receiving the copy of the request. If the respondent fails to submit the defense and relevant evidence, it will not affect the handling of patent infringement cases.