The relevant administrative departments shall, in accordance with their respective responsibilities, do a good job in patent work.
The municipal patent administrative department may entrust the patent administrative department of a county (autonomous county) to implement patent administrative law enforcement. Article 5 Administrative organs, news media and social organizations shall strengthen the publicity of patent work, improve the patent application ability of the whole society and enhance the patent protection consciousness of the whole society. Sixth, advocate the basic education of intellectual property rights such as patents in primary and secondary schools; Encourage institutions of higher learning to offer intellectual property courses, and support qualified institutions of higher learning to offer intellectual property majors. Chapter II Patent Promotion Article 7 The Municipal People's Government shall set up special funds for patents, support applications for invention patents, promote the transformation of patent achievements and reward outstanding patent projects.
The people's governments of counties (autonomous counties) shall set up special funds for patents for the development of patent undertakings. Article 8 The municipal patent administration department shall establish a public information platform for intellectual property rights, set up relevant patent search service institutions and provide intellectual property information services such as patents. Article 9 The municipal patent administration department shall guide the patent work of enterprises and institutions, and help enterprises and institutions to train and train patent administrators.
The municipal personnel department shall, jointly with the municipal patent administration department, evaluate the professional titles of the personnel engaged in patent administration in enterprises and institutions. Article 10 When evaluating professional titles, patents obtained by inventors and designers shall be regarded as an important condition for evaluating professional titles. Eleventh encourage enterprises, scientific research institutions and institutions of higher learning to formulate patent strategies, establish a patent management system, and equip full-time patent management personnel. Article 12 Under the same conditions, government procurement gives priority to products with independent intellectual property rights. Article 13 The municipal patent administration department shall promote the development of patent intermediary service institutions. Article 14 Enterprises, institutions and individuals are encouraged to promote the implementation of patents by means of share purchase, pledge, transfer and licensing of patents according to law.
New products formed by enterprises in the process of patent technology implementation and industrialization enjoy preferential tax policies to support new product development. Fifteenth units that have been granted patent rights shall reward the inventors or designers of service inventions and creations; After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained.
A unit that has been granted a patent right may agree with the inventor or designer on the way and amount of rewards and remuneration. The agreed amount of rewards and remuneration shall not be lower than the minimum standards stipulated by laws and administrative regulations. Chapter III Patent Protection Article 16 No unit or individual may infringe upon the patent rights of others or counterfeit patents.
No unit or individual may knowingly provide convenient conditions such as manufacturing, selling, using, displaying and advertising. Article 17 Abuse of patent rights is prohibited.
Citizens, legal persons or other organizations that have not infringed the patent rights of others may request the municipal patent administration department for confirmation. The municipal patent administration department shall, within thirty days after receiving the request, inform the requester in writing of the confirmation result; Foreign-related requests can be extended for 30 days. Eighteenth enterprises and institutions of foreign-related patent disputes, shall report to the municipal patent administration department, the municipal patent administration department shall promptly handle and coordinate. Article 19 The municipal patent administrative department shall exercise the following functions and powers when handling patent infringement disputes:
(a) ask the relevant parties and investigate the situation related to the alleged infringement of the patent right of others;
(2) consulting and copying contracts, invoices, account books and other relevant materials related to the alleged infringement of patent rights of others;
(three) on-site inspection of the places where the parties are suspected of infringing the patent rights of others;
(4) Products or infringing special equipment that have been proved to have infringed the patent rights of others may be sealed up or detained. Twentieth any of the following acts shall be investigated and dealt with by the municipal patent administration department according to law:
(1) Counterfeiting patents;
(2) The same infringer infringes the same patent right again;
(three) other acts in violation of the patent management order.
The municipal patent administrative department may exercise its functions and powers as stipulated in Article 19 of these regulations when investigating and handling patent violation cases. Article 21 The patent administrative department shall make a decision on handling patent infringement disputes within four months from the date of acceptance. Due to special circumstances need to be extended, the extension period shall not exceed two months. Chapter IV Patent Management