Regulations of Liaoning Province on Intellectual Property Protection

Chapter I General Provisions Article 1 In order to strengthen the protection of intellectual property rights, create a business environment that respects intellectual value and fair competition, stimulate innovation vitality and promote high-quality development, these Regulations are formulated in accordance with relevant laws and regulations and in light of the actual situation of this province. Article 2 These Regulations shall apply to activities related to intellectual property protection within the administrative region of this province. Article 3 The term "intellectual property rights" as mentioned in these Regulations refers to the exclusive rights enjoyed by the obligee to works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, layout-designs of integrated circuits, new varieties of plants and other objects prescribed by law. Article 4 Intellectual property protection shall follow the principles of comprehensive protection, strict protection, equal protection and legal protection, adhere to the combination of administrative protection, judicial protection and social protection, and safeguard the legitimate rights and interests of intellectual property rights holders and related rights holders. Article 5 The people's governments of provinces, cities and counties (including county-level cities and districts, the same below) shall strengthen their leadership over intellectual property protection, establish a coordination mechanism for intellectual property protection, incorporate intellectual property protection into the national economic and social development plan, and include intellectual property protection funds in the fiscal budget at the corresponding level. Article 6 The competent intellectual property department of the people's governments of provinces, cities and counties (hereinafter referred to as the competent intellectual property department) shall be responsible for organizing and promoting intellectual property protection.

Market supervision and management, forestry and grassland, agriculture and rural areas, culture and tourism, copyright and other departments (hereinafter referred to as intellectual property management departments) shall perform their duties of intellectual property protection according to law within their respective functions and powers.

Development and reform, science and technology, industry and information technology, public security, judicial administration, finance, commerce, customs and other departments shall, in accordance with their respective responsibilities, do a good job in intellectual property protection. Article 7 The competent department and the intellectual property administrative department shall strengthen the publicity work of intellectual property protection.

Encourage radio, television, newspapers, internet and other media to carry out public welfare publicity on intellectual property protection. Eighth provincial, municipal and county people's governments shall, in accordance with the relevant provisions of the state and the province, commend the collectives and individuals who have made outstanding contributions to the protection of intellectual property rights. Chapter II Administrative Protection Article 9 The competent intellectual property departments at the provincial, city and county levels shall focus on key industrial chains, promote the effective connection between standard setting and patent layout, and promote the creation and storage of intellectual property rights in key areas.

The provincial intellectual property department shall, in accordance with the relevant provisions of the state, provide patent priority examination channels for key development industries and strategic emerging industries.

The provincial intellectual property department shall promote the establishment of intellectual property protection centers, carry out rapid review, rapid confirmation and rapid rights protection, and reduce the cost of rights protection for intellectual property rights holders and related rights holders. Tenth provincial intellectual property departments and administrative departments shall guide employees in software, agricultural products, traditional Chinese medicine, time-honored brands and other industries and fields. And use the rules for the protection of intellectual property objects in accordance with the law to safeguard the legitimate rights and interests of intellectual property rights holders and related rights holders.

Provincial intellectual property authorities and administrative departments shall provide necessary training and guidance for the protection of intellectual property rights in new formats and new fields. Article 11 Before examining and approving government investment projects and other major economic activities involving high-tech fields, relevant administrative departments shall analyze and evaluate the technology-related intellectual property rights involved in the projects to prevent intellectual property risks. Article 12 The Provincial Department of Commerce shall, jointly with the competent departments of intellectual property, industry and information technology, science and technology, formulate and improve the detailed rules for the review of intellectual property transfer involved in technology export in accordance with relevant state regulations, so as to safeguard national security and major public interests. Thirteenth intellectual property departments and administrative departments shall, at the request of the parties, make an administrative ruling on intellectual property disputes according to law.

Before making an administrative ruling on an intellectual property dispute, the competent intellectual property department and the administrative department may mediate first according to the principle of voluntariness of the parties. If mediation fails, an administrative ruling shall be made in time. Fourteenth provincial, municipal and county intellectual property departments should strengthen the quality orientation of intellectual property rights and guide applicants and agencies to apply for trademark registration and patent applications according to law.

The competent intellectual property department and the administrative department with the power of punishment shall investigate and deal with malicious trademark registration applications and abnormal patent applications that are not for the purpose of use according to law. Article 15 Provincial intellectual property authorities and administrative departments shall establish and improve a unified information sharing platform for administrative law enforcement and judicial decisions with the people's courts, establish and improve the case guidance mechanism for administrative law enforcement of intellectual property protection, and promote the consistency of the handling standards of administrative law enforcement organs such as investigation and evidence collection, evidence review, infringement determination, and responsibility commitment with the standards of judicial decisions. Sixteenth intellectual property departments and administrative departments to carry out administrative law enforcement, shall exercise the following functions and powers:

(a) to conduct on-site inspection of suspected illegal places by means of measurement, photographing and video recording;

(2) consulting and copying the business records, documents, account books, contracts and other materials related to the suspected illegal acts of the parties, and asking the parties to provide other materials related to the acts under investigation;

(three) ask the relevant parties and investigate the situation related to the suspected illegal act;

(four) to seal up and detain products and articles that are proved to be counterfeit and infringing according to law;

(5) If it is suspected of infringing intellectual property rights such as manufacturing method patents, the parties concerned shall be required to give a live demonstration, but protective measures shall be taken to prevent leakage and relevant evidence shall be fixed;

(six) other functions and powers as prescribed by laws and regulations.