if the department in charge of patent work violates the provisions of the preceding paragraph, it shall be ordered by its superior organ or supervisory organ to correct and eliminate the influence, and the illegal income shall be confiscated; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.
Interpretation This article is about prohibiting the patent administration department from participating in business activities such as recommending patented products to the society, as well as the legal responsibilities that should be borne in violation of this provision.
1. As a state organ that carries out administrative management on patent work according to law, the department in charge of patent work should perform its administrative duties on patent work fairly according to law, investigate and deal with violations of the patent law according to law, and protect the legitimate rights and interests of patentees and social public interests. The quality of patented products should be judged by the market and consumers, and should not be determined or recommended by a state organ, otherwise, fair competition in the market may be affected. As for the patent administrative department participating in the business activities of patented products in other ways, it is even more inconsistent with the nature of the patent administrative department, damaging the image of state organs, affecting the objectivity and impartiality of patent administrative work, and may also lead to corruption. To this end, the first paragraph of this article clearly stipulates that the department in charge of patent work is prohibited from participating in business activities such as recommending patented products to the society. Violators will be investigated for legal responsibility according to law. What needs to be explained here is that the provisions of this article do not affect the departments in charge of patent work to publicize and recommend outstanding patent technology achievements to the society free of charge by holding exhibitions of patent technology achievements or other means. This is what the patent administration department can and should do.
2. According to the provisions of the second paragraph of this article, the department in charge of patent work shall bear the following legal responsibilities when it participates in business activities such as recommending patented products to the society:
1. It shall be ordered to make corrections, eliminate the influence and confiscate the illegal income. That is, the superior organ or supervisory organ of the department in charge of patent work requires the illegal unit and its relevant personnel to stop their actions, withdraw the recommendation documents or oral requests they have made, and eliminate the adverse effects. If the department in charge of patent work and its related personnel have illegal income, the illegal income shall be confiscated by the higher authorities or supervisory organs, and the confiscated illegal income shall be turned over to the finance according to regulations.
2. Administrative sanctions. If the administrative department for patent affairs illegally participates in business activities such as recommending patented products, and the circumstances are serious, resulting in adverse effects, it shall, in accordance with the provisions of the Administrative Supervision Law, the Provisional Regulations on State Civil Servants and other laws and administrative regulations, give administrative sanctions such as warning, demerit recording, gross demerit recording, demotion, dismissal or expulsion to the directly responsible person in charge and other directly responsible personnel according to the circumstances.