Chapter 1 General Provisions Article 1 In order to protect invention and creation patent rights, promote independent innovation and the promotion and application of patented technologies, and maintain market order, in accordance with the "Patent Law of the People's Republic of China" and other relevant These regulations are formulated in accordance with laws and administrative regulations and in light of the actual conditions of the province. Article 2 These Regulations apply to patent protection, patent promotion, handling and mediation of patent disputes, investigation and punishment of patent violations, etc. within the administrative region of this province. Article 3 Local people's governments at or above the county level shall strengthen leadership over patent protection and promotion, encourage and support the development and utilization of patents, and provide necessary conditions and guarantees for patent protection and promotion. Article 4 The patent management department of the Provincial People's Government is responsible for the protection and promotion of patents within the administrative region of the province. The patent management departments of the municipal and county people's governments shall, in accordance with the provisions of these Regulations and under the guidance of the patent management departments of the provincial people's governments, carry out relevant patent protection and promotion work.
Development and reform, commerce, industrial and commercial administration, public security, quality and technical supervision, taxation, education, agriculture, customs and other departments shall do a good job in relevant patent protection and promotion work in accordance with their respective responsibilities.
News, publishing, radio, television and other units should strengthen the publicity of patent knowledge and improve the patent awareness of the whole society. Chapter 2 Patent Protection Article 5 The department managing patent work shall establish a coordination mechanism for patent protection work; investigate and handle patent violations in accordance with the law, handle patent infringement disputes, and protect the legitimate rights and interests of patentees. Article 6: No unit or individual may infringe the patent rights of others or pass off the patents of others; they may not pass off non-patented products as patented products or use non-patented methods to pass off patented methods (hereinafter referred to as counterfeiting patents).
No unit or individual may provide funds, premises, production equipment, transportation, advertising, printing and other convenient conditions for production and operation to infringe the patent rights of others, counterfeit the patents of others, or pass off patents.
When the patent management department is investigating patent infringement, counterfeiting of other people's patents or passing off patents, the relevant units or individuals shall not refuse to provide or conceal, transfer or destroy the information related to the case, and shall not transfer or process it without authorization , Destroy registered and saved items.
If the behavior listed in paragraphs 1 and 2 of this article is dealt with by the patent management department and the party concerned does not initiate administrative review or administrative litigation, the patent management department shall report the relevant situation to the enterprise. Notified to the personal credit information collection agency, and the credit information collection agency will announce it to the public. Article 7 Patented products or the packaging of the products may be marked with patent marks and patent numbers. The form of marking of patent marks and patent numbers shall comply with the relevant regulations of the patent administration department of the State Council. Article 8 Organizers of exhibitions, trade fairs, exhibitions, promotion fairs and other exhibitions shall inspect the patent certificates or other supporting documents for exhibiting products or technologies marked with patent marks. For those who fail to provide patent certificates or other supporting documents, the organizer shall refuse to participate in the exhibition in the name of patented products or patented technologies.
During the exhibition, if the patent management department of the people's government of the districted municipality where the event is held receives a report of counterfeiting of other people's patents or counterfeiting of patents, it shall immediately conduct an on-site investigation and, if necessary, may collect sampling evidence or evidence in accordance with the law. Registration and preservation measures shall be taken in advance; if the patent violation can be determined to be established, the exhibitor shall be ordered to withdraw its exhibited products or technologies. Article 9: When using radio, television, newspapers and other media to promote patented products or patented methods, advertisers shall provide the advertising review agency and advertising operators and publishers with certification documents that prove the authenticity, legality and validity of the patent. For those who do not provide patent certification documents, relevant units are not allowed to design, produce or publish advertisements. Article 10 Intermediaries engaged in patent agency and other patent services shall have the qualifications prescribed by the state and handle registration procedures in accordance with the law.
Intermediaries and their practitioners engaged in patent services shall carry out patent intermediary services in accordance with the law, and shall not issue false reports, leak or plagiarize the inventions and creations of their clients, or collude with parties to seek illegitimate interests. Damage to the legitimate rights and interests of the patentee and other parties shall not damage the interests of the public. Article 11 Patent appraisal institutions established in accordance with the law may accept entrustment from relevant departments and parties and organize relevant experts to independently conduct appraisal activities related to patent protection. Article 12 The department managing patent work shall establish a reporting system for patent violations and publish the reporting methods. Chapter 3 Patent Promotion Article 13 Encourage enterprises, institutions and individuals to make inventions and apply for patents.
The people's governments of provinces, districted cities and qualified counties (cities) should establish special funds to fund units and individuals in patent applications and patent implementation. The specific funding methods shall be jointly formulated by the patent management department and the financial department. Article 14 The Provincial People's Government shall reward patentees who make inventions, obtain patents and implement them, and make outstanding contributions to promoting the economic and social development of the province. Article 15 Enterprises and institutions are encouraged to increase investment in research and development of patents. Their patent research and development funds shall be included in costs and expenses in accordance with relevant national and provincial regulations, and they shall enjoy corresponding preferential policies. Article 16: If a patent license contract is filed in accordance with the law, both parties shall enjoy the preferential policies of the state and the province regarding technology transactions.