The following acts are also considered as patent impersonation:
(1) Declaring or marking a product or method for which a patent has been applied but not yet granted as a patented product or method;
(2) Declaring or marking the product or method whose patent application has been withdrawn, deemed to have been withdrawn or rejected as a patented product or method;
(3) Declaring or marking a product or method whose patent right has been revoked, declared invalid or terminated as a patented product or method. Article 3 No unit or individual may advertise with patented products or methods, sell with patented products, or transfer patented technology through intermediaries. Article 4 The patent administration authorities at or above the city (prefecture) level shall be responsible for investigating and dealing with patent counterfeiting.
Entrusted by the patent administrative organ at a higher level, the patent administrative organ at the county level may investigate and deal with patent counterfeiting.
All relevant departments and units shall assist the patent administration authorities to investigate and deal with patent counterfeiting. Article 5 Units and individuals have the right to report acts of counterfeiting patents to the patent administration authorities.
The patent administration organ shall keep confidential the informants and reward those who report meritorious service. Article 6. The patent administration authorities have the right to consult and copy the information related to the case, to seal up the marks and products of counterfeit patents, and to manufacture molds, printing plates and other special tools with counterfeit patent marks when investigating and handling counterfeit patents.
The patent administration authorities shall keep confidential the business secrets involved when investigating and dealing with counterfeiting of patents. Article 7 Where a patent is counterfeited, the patent administration authority shall order it to stop counterfeiting, publicly correct it, confiscate the marks of the counterfeit patent, confiscate the molds, printing plates and other special tools for manufacturing the counterfeit patent marks, and may, according to the seriousness of the case, impose a fine of less than 50,000 yuan (including this figure, the same below) or less than three times the illegal income. Eighth advertising products and methods that pass off as patents shall be dealt with by the administrative department for industry and commerce in accordance with the relevant provisions of the Advertising Law of People's Republic of China (PRC). Article 9 Whoever sells counterfeit patented products or transfers counterfeit patented technologies through intermediaries shall be ordered by the patent administration authorities to make corrections; Those who refuse to make corrections shall be fined less than twice the illegal income. Article 10 When imposing administrative punishment on a party concerned, the patent administration organ shall issue a written decision on punishment. Confiscated property shall be confiscated bills uniformly printed by the financial department.
Confiscation income shall be turned over to the finance at the same level. Article 11 If a party refuses to accept the administrative punishment decision of the patent administration organ, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for reconsideration, bring a lawsuit or perform the punishment decision within the time limit, the patent administration organ that made the punishment decision may apply to the people's court for compulsory execution according to law. Article 12 Whoever refuses or obstructs the staff of the patent administration organ from performing their official duties according to law shall be punished by the public security organ in accordance with the relevant provisions of the Regulations of the People's Republic of China on Administrative Penalties for Public Security. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law. Article 13 Any staff member of the patent administration organ who abuses his power, engages in malpractices for selfish ends, or asks for bribes shall be given administrative sanctions by his unit, the competent authority at a higher level or the administrative supervision department. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law. Article 14 The Patent Administration of Hebei Province shall be responsible for the interpretation of these Provisions. Fifteenth the provisions shall come into force as of the date of promulgation.