The equivalent technical features mentioned in the preceding paragraph refer to the features that basically achieve the same functions and effects as the recorded technical features by basically the same means and can be associated by ordinary technicians in this field without creative labor.
Article 24 After the patent right for design is granted, unless otherwise provided by laws and regulations, no unit or individual may, without the permission of the patentee, use the same or similar patent for design for production and business purposes.
The approximation mentioned in the preceding paragraph means that there is no substantial difference in overall visual effect between infringing design and authorized design.
Article 25 No unit or individual may provide convenient conditions such as manufacturing, offering for sale, selling, importing, transporting and warehousing for the infringing acts listed in Articles 23 and 24.
Article 26. If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or failing to negotiate, the patentee or interested party may bring a suit in a people's court or request the patent administration department to handle it.
Article 27 To request the patent administrative department to handle patent infringement disputes, the following conditions shall be met:
(a) to submit the patent infringement dispute handling request, evidence, identity certificate, business license and other materials;
(2) The claimant is the patentee or interested party;
(3) Having a clear respondent;
(4) There are clear requests, facts and reasons;
(five) the parties have no arbitration agreement, nor to the people's court;
(6) It is within the jurisdiction and scope of accepting cases of the patent administration department.
Article 28 The patent administrative department shall, within seven days from the date of receiving the request for handling patent infringement disputes and other relevant materials, make a decision on whether to accept it or not, and notify the requester in writing; If it is not accepted, it shall explain the reasons.
Article 29 When handling cases of patent infringement disputes, the administrative department for patent affairs shall designate more than three single contractors to handle cases of patent infringement disputes.
Article 30 The administrative department for patent affairs may take the following measures when handling patent infringement disputes:
(a) to conduct on-site inspection of the production and business premises of the parties concerned;
(two) ask the parties concerned or relevant personnel to investigate the situation related to the case;
(3) consulting and copying contracts, invoices, account books, computer data and other relevant materials related to this case;
(four) to check the items related to the case and collect evidence by sampling;
(five) in the case that the evidence materials may be lost or transferred, they may be registered and preserved in advance with the approval of the person in charge of the department.
When the patent administration department performs its official duties according to law, the relevant units and individuals shall assist and cooperate, truthfully reflect the situation, and shall not refuse or obstruct it.
Article 31 When handling a patent infringement dispute case for on-site inspection, the patent administrative department shall show its law enforcement certificate and serve an inspection notice to the respondent or relevant personnel. The requested person or relevant personnel shall truthfully answer the inquiry and assist in the investigation or inspection. A record shall be made of the inquiry or inspection. /
Article 32 When handling a patent infringement dispute case, the administrative department for patent affairs thinks that the party concerned has transferred the articles related to the case and caused losses to others, and may take measures to seal up or temporarily detain the articles related to the case according to the applicant's application and guarantee. Where the patent administrative department adopts the measures of sealing up or seizure, it shall obtain the approval of the person in charge of the department, and make a decision and list of sealing up or seizure, and deliver it to the parties on the spot.
Where the respondent provides a guarantee for the sealed or temporarily detained articles, the sealed articles shall be released or returned with the consent of the patent administration department.
Article 33 The patent administration department shall properly keep the articles temporarily detained or registered for preservation, and shall not damage them.
The parties shall not open, transfer, damage or sell the sealed articles without authorization.
Article 34 When the patent administrative department tries a patent infringement dispute case, the parties concerned have the right to make statements and defend themselves. The patent administration department shall fully listen to the opinions of the parties and examine the facts, reasons and evidence put forward by the parties.
Article 35 The administrative department for patent affairs may handle patent infringement disputes in the following ways:
(1) If an agreement is reached through mediation, a conciliation statement shall be made;
(two) constitute patent infringement, make a decision to stop the infringement;
(three) does not constitute an infringement of patent rights, make a decision to reject the request;
(4) If the patent right is declared invalid, or the claimant withdraws his request, the patent administration department shall make a decision to withdraw the case after examination and approval.
Article 36 Where the administrative department for patent fails to mediate a patent infringement dispute case, it shall make a decision within six months from the date of acceptance. If the situation is complicated and it is necessary to extend the time limit, it may be extended for three months with the approval of the person in charge of the department. /
Article 37 Where the patent administrative department finds that the infringement is established when handling a patent infringement dispute, it shall order the infringer to immediately stop the manufacturing, use, sale, promise to sell, import and other infringing acts, and order the destruction of the infringing product or the product directly obtained by using the infringing method, and the destruction of the special parts, tools, molds, equipment and other articles that manufacture the infringing product or use the infringing method. /
If a party refuses to accept the decision, he may bring a lawsuit to the people's court according to law within fifteen days from the date of receiving the decision; If the infringer fails to prosecute and stop the infringement within the time limit, the patent administration department may apply to the people's court for compulsory execution. /
Article 38 In case of patent infringement disputes during the exhibition, mediation, agreement or administrative treatment may be adopted.
If the patent administrative department finds that the infringement is established in administrative processing, it shall order the respondent to immediately withdraw the infringing exhibits from the exhibition and destroy the publicity materials introducing the infringing exhibits. 、
The specific measures for handling patent infringement disputes during the exhibition shall be formulated by the provincial people's government within one year from the date of implementation of these regulations.
Article 39 The patentee and the interested party shall exercise their rights according to law and shall not commit any of the following acts:
(1) After applying for a patent with the existing technology or design and obtaining patent authorization, filing a request for handling patent infringement with the patent administration department;
(2) Forcing the patentee to purchase the right to use other patents;
(3) Patent Enforcement The licensee can only sell back the improved patent based on the patentee's patent to the patentee;
(4) It is forbidden for the licensee of patent exploitation to object to the validity of the patent.
Article 40 The administrative department for patent affairs shall destroy the seized counterfeit patented products and marks.