Regulations of Hunan Province on Patent Protection?

Article 1 In order to strengthen patent protection, safeguard the legitimate rights and interests of patentees and citizens, and promote scientific and technological progress and innovation, these Regulations are formulated in accordance with the Patent Law of People's Republic of China (PRC), the Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to all activities related to patent protection within the administrative area of this province. Article 3 The patent administrative departments of the people's governments of provinces, cities divided into districts and autonomous prefectures shall be responsible for patent protection within their respective administrative areas, and the relevant departments of science and technology, education, industry and commerce administration, public security, radio and television, press and publication, and quality and technical supervision shall do a good job in patent protection within their respective functions and duties. Fourth people's governments at or above the county level and their relevant departments shall, in accordance with the relevant provisions of the state and this province, give support to high-tech patent projects and reward patent inventors or designers who have made significant contributions. Article 5 After a service invention-creation is granted a patent right, the patentee shall give the inventor or designer a bonus. The minimum bonus for invention patents is not less than 2,000 yuan, and the minimum bonus for utility model patents or design patents is not less than that of 500 yuan. Within the validity period of the patent right, the patentee of a service invention-creation shall, after implementing his invention-creation patent, extract a proportion of not less than 0.5% from the sales revenue of the invention patent or utility model patent, or extract a proportion of not less than 0.05% from the sales revenue of the design patent as a reward to the inventor or designer; Or refer to the above ratio, give the inventor or designer a one-time reward. Where the patentee of a service invention-creation licenses another entity or individual to exploit its patent, he shall, after paying taxes, extract not less than 20% of the royalties collected from licensing the exploitation of the patent as remuneration and pay it to the inventor or designer. An enterprise in the form of shares may convert its shares into shares or reward or reward the inventor or designer in proportion to its capital contribution. Where the patentee and the inventor or designer have other written agreements on awards and remuneration according to law, such agreements shall prevail. Article 6 Units or individuals are encouraged to apply for patents at home and abroad in a timely manner according to law for inventions and creations that meet the requirements for applying for patents. Before the patent application is published or announced, the personnel related to the technical scheme of the invention and creation shall bear the responsibility of confidentiality for the invention and creation. Article 7 No unit or individual may prevent an inventor or designer of a non-service invention-creation from applying for a patent. A service invention-creation that belongs to a unit according to law may not apply for a patent in the name of an individual unless the unit and the inventor or designer have otherwise agreed in writing according to law. Article 8 Where newspapers, radio, television, books, internet and other media are used to publicize and sell patented products and patented technologies, a certificate issued by the patent administration department of the State Council or the patent administration department of the provincial people's government must be provided. The relevant media communication units shall verify the certification documents in accordance with the provisions. Article 9 No unit or individual may illegally exploit another person's patent, impersonate another person's patent or impersonate a patent, print a patent mark for another person's patent infringement, impersonate another person's patent or impersonate a patent, or provide convenient conditions such as manufacturing, selling, promising to sell, using, storing, transporting and hiding. Article 10 In any of the following circumstances, a patent document search shall be conducted and a search report shall be submitted to the relevant competent department: (1) Research and development of new technologies and products; (2) Import and export trade of patented technologies and equipment; (3) Joint ventures and cooperative enterprises applying for investment in patented technology and equipment; (4) Domestic technology trade involving patents; (five) other patent documents that should be searched according to the provisions of the state. Article 11 In case of any of the following circumstances, the possessor of state-owned assets shall be appraised by an asset appraisal institution established according to law in accordance with the relevant provisions of the state: (1) The right to apply for a patent or the patent right is transferred; (two) the state-owned enterprises and institutions with legal personality need to price their patent assets before the change or termination; (3) The state-owned patent assets are jointly invested or cooperated with companies, enterprises and other economic organizations and individuals from overseas or Hong Kong, Macao and Taiwan regions, or are licensed by companies, enterprises and other economic organizations and individuals from overseas or Hong Kong, Macao and Taiwan regions; (4) Establishing a limited liability company or a joint stock limited company with patented assets as capital contribution; (five) the introduction of patented technology from abroad; (six) other patent assets that should be evaluated according to the provisions of the state. Non-state-owned assets units and individuals applying for evaluation of their patented assets shall be implemented with reference to the provisions of the preceding paragraph. Article 12 A patent agency shall sign a written entrustment contract with the client and exercise the agency right according to the contract. Patent agencies shall not use their agents to infringe upon the legitimate rights and interests of clients. Patent agencies shall announce the fees that can be deferred in a prominent position in accordance with the regulations. Patent agencies shall accept the supervision and inspection of the departments in charge of patent work. Thirteenth patent disputes under any of the following circumstances, the parties may request the administrative department of patent work of the people's government of a province, a city divided into districts or an autonomous prefecture to mediate, or they may directly bring a suit in a people's court with jurisdiction; Those who meet the conditions for arbitration may apply for arbitration according to law: (1) patent infringement disputes; (two) the right to apply for a patent and patent ownership disputes; (3) Disputes over the qualifications of inventors and designers; (4) Disputes over the use of an invention without paying an appropriate fee after the publication of the application for a patent for invention and before the patent right is granted; (5) patent contract disputes; (6) Disputes over rewards and remuneration of inventors and designers of service inventions; (7) Other patent disputes. Article 14 To request the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture to mediate a patent dispute, the following conditions shall be met: (1) The claimant has a direct interest in the patent dispute; (2) Having a clear respondent and specific requests, facts and reasons; (three) there is no arbitration agreement or no lawsuit to the people's court; (four) under the jurisdiction of the administrative department of patent work of the people's government of a province, a city divided into districts or an autonomous prefecture. Requests for mediation and handling of patent disputes by the patent administrative departments of the people's governments of provinces, cities divided into districts and autonomous prefectures shall be submitted. Fifteenth provinces, cities divided into districts, autonomous prefecture people's government departments in charge of patent work after receiving the request for mediation of patent disputes, it shall make a decision on whether to accept or not within ten days, and notify the requester in writing. After accepting the filing of a patent dispute, the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture shall deliver a copy of the request to the respondent within seven days from the date of filing the case, and the respondent shall make a written reply within fifteen days from the date of receiving the copy of the request. If the respondent does not reply, it will not affect the trial of the case. Article 16 In the process of handling patent infringement disputes, if the respondent requests invalidation and the Patent Reexamination Board accepts the suspension of the trial, it shall submit a copy of the request for invalidation of the patent right and the acceptance certificate of the Patent Reexamination Board to the patent administration department of the people's government of a province, a city divided into districts or an autonomous prefecture. The patent administrative department of the people's government of a province, a city divided into districts and an autonomous prefecture shall make a decision on whether to suspend the trial within 15 days from the date of receiving the application for suspension of the trial and relevant materials, and notify the parties in writing. Seventeenth provinces, municipalities and autonomous prefectures people's government departments in charge of patent work to deal with patent disputes, should make a decision within three months from the date of filing. If it is necessary to extend the time limit due to special circumstances, the extension period shall not exceed two months at the longest. Where the administrative department for patent work of the municipal people's government divided into districts needs to extend the time limit due to special circumstances, it shall be submitted to the administrative department for patent work of the provincial people's government for approval. Article 18 When handling patent disputes, the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture may entrust relevant units or experts to conduct technical inspection and appraisal according to the application of the parties or the needs of trial. Article 19. The following acts are acts of counterfeiting other people's patents: (1) without permission, marking the patent number of others on the products or packages of products manufactured or sold by them; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others; (3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; (4) Forging or altering other people's patent certificates, patent documents or patent application documents. Article 20 The following acts belong to the acts of passing off non-patented products as patented products and passing off non-patented methods as patented methods: (1) manufacturing or selling non-patented products marked with patent marks; (two) after the patent right is declared invalid, the patent mark continues to be marked on the products manufactured or sold by it; (3) Calling non-patented technology as patented technology in advertisements or other promotional materials; (4) The non-patented technology is called patented technology in the contract; (5) Forging or altering patent certificates, patent documents or patent application documents. Twenty-first provinces, cities divided into districts and autonomous prefectures people's government departments in charge of patent work shall investigate and deal with acts of counterfeiting patents of others and impersonating patents according to law. Where the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture accepts the report of counterfeiting another person's patent or finds the act of counterfeiting another person's patent, it shall make a decision on whether to file a case for investigation within seven days. The departments in charge of patent work of the people's governments of provinces, cities divided into districts and autonomous prefectures shall keep confidential the informants; If the report is true, it will be rewarded. Article 22 The patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture shall make a decision on the investigation and punishment of counterfeiting other people's patents or impersonating patents within three months from the date of filing the case. Article 23 The patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture may exercise the following functions and powers when handling patent infringement disputes and investigating patent counterfeiting: (1) Ask the parties and witnesses; (2) consulting, copying, registering and preserving original documents, drawings, contracts, marks, account books and other documents related to patent infringement, counterfeiting of patents of others and counterfeiting of patents of others; (3) to make an inquest into and inspect articles and places related to patent infringement, counterfeiting other people's patents and acts of counterfeiting patents. The patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture may seal up or temporarily detain goods, materials, special tools, equipment and other articles related to patent infringement, patent counterfeiting or patent impersonation if it is found that the parties have obviously transferred, concealed or destroyed the property involved, which makes it difficult to investigate or execute the case. After examination, it is proved that there is no patent infringement, counterfeiting other people's patents or impersonating patents, and compensation shall be paid for the losses caused by the seizure or seizure to the legitimate interests of the parties. Twenty-fourth provinces, municipalities and autonomous prefectures people's government departments in charge of patent work and relevant personnel shall keep the evidence confidential when investigating and collecting evidence. Personnel engaged in patent management shall produce law enforcement certificates when investigating and collecting evidence. Article 25 Where the right to apply for a patent is infringed, it shall be returned by the infringer, and the infringer shall assist in handling the procedures for changing the description items; If losses are caused to the infringed, compensation shall be made. Where an inventor or designer is deprived of the right to apply for a patent for a non-service invention-creation, the unit to which the infringer belongs or the competent department at a higher level shall give administrative sanctions to the person directly responsible according to law, and the infringer shall bear civil liability according to law. Article 26 Where a service invention-creation applies for a patent as a non-service invention-creation, the unit to which it belongs or the relevant competent department shall order it to make corrections, and the directly responsible personnel of state-owned enterprises and institutions shall be given administrative sanctions according to law; If losses are caused, compensation shall be made according to law. Article 27 Whoever, in violation of the provisions of Article 9 of these regulations, knowingly prints the patent marks of others, or provides convenient conditions such as manufacturing, selling, promising to sell, using, storing, transporting, hiding, etc., shall be ordered by the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture to make corrections, and his illegal income shall be confiscated, and he may also be fined less than one time of his illegal income; If there is no illegal income, a fine of less than 30 thousand yuan may be imposed. Article 28. If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation; Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a suit in a people's court, or request the administrative department for patent work of the people's government of a province, a city divided into districts or an autonomous prefecture to handle it. When the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture handles a patent infringement dispute, if the infringement is established, it may mediate the amount of patent infringement compensation. The amount of compensation can be determined according to the actual economic loss suffered by the obligee due to infringement or the total profit obtained by the infringer due to infringement, or it can be determined according to one to three times the normal license fee. Article 29 Anyone who counterfeits another person's patent shall compensate the actual economic losses according to law, and the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture shall order him to stop counterfeiting, confiscate his illegal income and impose a fine of one to three times his illegal income; No illegal income, a fine of ten thousand yuan to fifty thousand yuan. If it is difficult to calculate the losses caused by counterfeit patents to others, the amount of compensation can be determined within the following scope: the amount of compensation for losses caused by counterfeit invention patents is 5,000 yuan to 300,000 yuan, with a maximum of 500,000 yuan; The amount of compensation for the loss of counterfeit design and utility model patents is 5,000 to150,000 yuan. Article 30 Where a non-patented product is passed off as a patented product or a non-patented method is passed off as a patented method, the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture shall order it to stop passing off and impose a fine of 1 10,000 yuan to 50,000 yuan. Article 31 For illegal acts of patent infringement, patent counterfeiting or patent impersonation, the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture shall publish the names, addresses, victim information and patent numbers of the infringer, counterfeiter and impersonator in the news media of the place where the illegal act occurred, so as to publicize the infringement facts and eliminate the influence, and the expenses required shall be borne by the infringer, counterfeiter and impersonator. Article 32 If patent infringement is discovered and continues to be implemented after being dealt with according to law, the patent administrative department of the people's government of a province, a city divided into districts or an autonomous prefecture shall order the infringer to immediately stop the production and sale of the infringing products, and confiscate the infringing products and tools, molds and equipment directly used for patent infringement. Article 33 Any person engaged in patent management and other relevant staff members who neglect their duties, engage in malpractices for selfish ends or abuse their powers shall be given administrative sanctions by their units or relevant competent departments according to law; If damage is caused to the legitimate rights and interests of the parties concerned, compensation shall be made according to law. Article 34 These Regulations shall come into force as of 200 1, 1 and 1.