Chapter 1 General Provisions Article 1 In order to encourage and protect inventions and creations and their promotion and application, promote scientific and technological progress and independent innovation, and cultivate independent intellectual property rights, according to the "Patent Law of the People's Republic of China" , the "Detailed Implementation Rules for the Patent Law of the People's Republic of China" and the "Sichuan Provincial Patent Protection Regulations" and other laws and regulations, combined with the actual situation of Chengdu City, these regulations are formulated. Article 2: These regulations apply to patent protection and promotion within the administrative region of this city. Article 3 The municipal and district (city) and county people's governments shall incorporate patent protection and promotion into national economic and social development plans, establish and improve patent protection and promotion mechanisms, provide necessary safeguards and material conditions, and encourage and support the development of patents. and applications. Article 4 The municipal patent management department is responsible for the protection and promotion of patents within the administrative region of this city and organizes the implementation of these Regulations; the patent management departments of each district (city) and county shall carry out this regulation under the guidance of the municipal patent management department. Patent protection and promotion within administrative regions.
Administrative departments such as development and reform, science and technology, public security, commerce, industry and commerce, quality supervision, and press and publication should assist in the protection and promotion of patents in accordance with their respective responsibilities. Chapter 2 Patent Protection Section 1 General Provisions Article 5 The municipal administrative department for 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 patentees and inventors (designers) and the legitimate rights and interests of other interested parties. Article 6 prohibits any unit or individual from engaging in the following acts:
(1) Infringing on the patent rights of others;
(2) Counterfeiting patents;
Any unit is prohibited from doing so: and individuals provide funds, premises, equipment, transportation, warehousing and other production and operation facilities for the acts listed in the preceding paragraph. Article 7 If a dispute arises due to infringement of the patent rights of others, the parties shall resolve it through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the patentee or interested party may file a civil lawsuit with the People's Court or request the municipal patent administration department to handle the matter. .
If a patent is counterfeited, it will be handled by the municipal patent management department; if it is suspected of constituting a crime, it will be transferred to the public security agency in accordance with the law. Article 8 The municipal administrative department for patent work shall establish files on the illegal acts listed in paragraph 1 of Article 6 of these Regulations, and after the case is processed or concluded, the relevant information shall be reported to the municipal enterprise and personal credit information collection agencies, who shall then be announced to the public. Section 2 Administrative Investigation and Punishment of Patent Violations Article 9 The municipal patent management department shall establish a reporting system to encourage units and individuals to report patent violations and keep the whistleblower confidential.
If the municipal patent management department receives a report or discovers the behavior listed in the second item of paragraph 1 of Article 6 of these Regulations, it shall review and file the case within seven days. Article 10 The municipal patent management department may exercise the following powers in accordance with the law when investigating and handling patent violations: (1) Questioning relevant parties and witnesses; (2) Inquiring , Copy the contracts, invoices, account books and other relevant materials related to the case;
(3) Conduct on-site inspections of the places where the parties are suspected of patent violations;
(4) Sampling evidence collection ;
(5) For those suspected of infringing the patent rights of manufacturing methods, require the person under investigation to conduct on-site demonstrations;
(6) Entrust relevant units or experts to conduct technical testing and appraisal;< /p>
(7) Other powers stipulated in laws and regulations. Article 11 When investigating and collecting evidence, the municipal administrative department for patent affairs may, in accordance with the law, register and preserve items related to the case that may be lost or difficult to obtain in the future.
It is prohibited for any unit or individual to unseal, destroy or transfer the items involved in the case that have been registered and stored in accordance with the law without authorization before the case is processed. Article 12 When the municipal patent management department investigates and handles patent violations, relevant units and individuals shall assist and cooperate, truthfully report the situation, and shall not refuse or obstruct.
Section 3 Administrative Handling and Mediation of Patent Infringement Disputes Article 13 The parties requesting the municipal patent administration department to handle patent infringement disputes shall meet the following conditions:
(1) The petitioner is the patentee or Interested parties;
(2) There is a clear requestee;
(3) 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 city;
(5) The parties have no arbitration agreement and one party has not filed a lawsuit with the People's Court regarding the patent infringement dispute. Article 14 When a party requests the municipal patent management department to handle a patent infringement dispute, it shall submit a letter of request and relevant evidence and supporting materials, and provide copies according to the number of persons being requested.
The municipal patent management department shall make a decision on whether to accept the application within five days from the date of receipt of the request and relevant evidence, and notify the requester in writing.
The municipal patent management department shall serve a copy of the request and a notice of defense to the respondent within five days from the date of deciding to accept the patent infringement dispute.
The respondent shall submit a defense and relevant evidence within fifteen days after receiving a copy of the request. If the respondent fails to submit a statement of defense and relevant evidence, it will not affect the handling of the patent infringement case. Article 15: When handling patent infringement disputes, the municipal patent management department may take the measures listed in Article 10 of these Regulations to verify evidence materials.
Parties may apply to the municipal patent management department in accordance with the law to register and preserve items related to the case that may be lost or transferred.