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Regulations of Beijing Municipality on Patent Protection and Promotion

May 20, 2005 Standing Committee of the Twelfth Beijing Municipal People's Congress

Adopted at the twentieth meeting)

Chapter I General Provisions

Article 1 In order to protect the patent right of invention-creation, encourage invention-creation, promote the popularization and application of invention-creation, promote scientific and technological progress and innovation, and maintain the order of socialist market economy, 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 administrative regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the administrative handling and mediation of patent disputes, the investigation of patent violations, the protection and promotion of patent application and implementation within the administrative area of this Municipality.

Article 3 The municipal, district and county people's governments shall incorporate patent work into the national economic and social development plan, formulate an outline for patent protection and development, encourage and support the development and application of patents, and ensure the funds for the development of patent undertakings.

Article 4 The municipal patent administrative department shall follow the principles of encouraging innovation, protecting and improving services according to law, and do a good job in patent protection and promotion. The departments in charge of patent affairs at the county level shall carry out relevant patent protection and promotion work under the guidance of the municipal departments in charge of patent affairs. The relevant administrative departments in charge of development and reform, science and technology, industrial promotion, education and agriculture shall, according to their respective functions and duties, do a good job in patent protection and promotion.

Article 5 The municipal, district and county people's governments and their relevant departments shall carry out patent publicity and education, and create a good environment for patent protection and promotion. News, publishing, radio, television and other units should strengthen the publicity of patent knowledge and raise the patent awareness of the whole society. This Municipality encourages schools to carry out patent knowledge education; Encourage institutions of higher learning to create conditions and offer patent knowledge courses.

Chapter II Patent Protection

Article 6 The municipal patent administration department shall establish a coordination mechanism for patent protection; Investigate and deal with patent violations according to law, handle patent infringement disputes and protect the legitimate rights and interests of patentees.

Article 7 No unit or individual may infringe upon the patent rights of others, pass off the patents of others, pass off non-patented products as patented products, or pass off non-patented methods as patented methods. No unit or individual may provide funds, places, means of transport, production equipment and other convenient conditions for production and operation for the acts prohibited in the preceding paragraph.

Article 8 Any patent infringement dispute arising from the exploitation of a patent without the permission of the patentee shall be settled by the parties concerned through consultation. Unwilling to negotiate or if negotiation fails, the patentee or interested party may bring a lawsuit to the people's court according to law, or request the municipal patent administration department to handle it.

Article 9 If the following conditions are met, the parties may request the municipal patent administration department to handle the patent infringement dispute:

(1) The claimant is the patentee or interested party;

(2) Having a clear respondent;

(three) there are clear requests and specific facts and reasons;

(4) The domicile of the respondent or the place of infringement is within the administrative area of this Municipality;

(5) The parties concerned have not brought a lawsuit to the people's court on the patent infringement dispute.

Article 10 Where a party requests to handle a patent infringement dispute, it shall submit a written request, the patent certificate of the patent right involved and a copy thereof, and provide a copy of the written request according to the number of respondents. Where a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method; Where a patent for utility model is involved, the municipal patent administration department may require the patentee to issue a search report made by the patent administration department of the State Council.

Article 11 The municipal administrative department for patent affairs shall, within five working days from the date of receiving the request for handling patent infringement disputes and relevant evidence, make a review according to law, make a decision on whether to accept it or not, and notify the requester in writing; If the submitted materials are incomplete, the applicant may be required to complete the materials within the specified time.

Article 12 Where the municipal patent administrative department determines that patent infringement is established and makes a decision on handling it, it shall take measures to stop the infringement in accordance with the following provisions:

(1) Where the infringer manufactures patented products, he shall be ordered to immediately stop manufacturing and destroy the special equipment or molds for manufacturing the infringing products, and shall not sell or use the infringing products that have not been sold or put on the market in other forms;

(2) Where the infringer uses the patented method, he shall be ordered to immediately stop using it, destroy the special equipment or molds for implementing the patented method, and shall not sell or use the infringing products directly obtained by the patented method that have not been sold or put on the market in other forms;

(3) Where the infringer sells patented products or products directly obtained according to patented methods, he shall be ordered to stop selling immediately, and shall not use the infringing products that have not been sold or put the infringing products on the market in other forms;

(4) If the infringer promises to sell the patented product or the product directly obtained according to the patented method, he shall be ordered to immediately stop promising to sell the infringing product and eliminate the influence, and shall not engage in any actual sales behavior;

(5) If the infringer imports patented products or products directly obtained by patented methods into this Municipality, he shall be ordered not to sell, use or put the infringing products on the market in other forms;

(6) If the infringer uses the infringing patented product for production and business purposes, he shall be ordered to stop using it immediately. If the measures specified in Items (1), (2), (3), (5) and (6) of the preceding paragraph cannot stop the infringing act, or the infringing product is difficult to preserve, the municipal patent administration department may order the infringer to destroy or disassemble the infringing product.

Article 13 The municipal patent administrative department shall handle patent infringement disputes, investigate and deal with patent counterfeiting or patent impersonation, and exercise the following functions and powers when investigating and collecting evidence:

Questioning the parties and witnesses;

(2) consulting and copying contracts, drawings, account books and other materials related to the case;

(three) to conduct on-site inspection by means of measurement, photography and video recording;

(4) Sampling for evidence collection;

(5) registration and preservation;

(six) for the alleged infringement of the patent right of the manufacturing method, the respondent is required to make a live demonstration. Patent administrative law enforcement personnel in the investigation and collection of evidence, the relevant units and individuals shall assist and cooperate, truthfully reflect the situation, and shall not refuse or obstruct.

Fourteenth parties may request the municipal administrative department for patent affairs to mediate the following patent disputes:

(1) Disputes over the amount of compensation for patent infringement;

(two) the right to apply for a patent and patent ownership disputes;

(3) Disputes over the qualifications of inventors and designers;

(4) Disputes over rewards and remuneration of inventors and designers of service inventions;

(5) 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. For the disputes listed in Item (5) of the preceding paragraph, if the patentee requests the municipal administrative department for patent affairs to mediate, it shall do so after the patent right is granted.

Fifteenth mediation of patent disputes should adhere to the principle of voluntariness and legality. If an agreement is reached through mediation, the municipal administrative department for patent affairs shall make a mediation agreement; If the mediation fails, the municipal administrative department for patent affairs may terminate the mediation and inform both parties that they can bring a lawsuit to the people's court according to law.

Article 16 Organizers of exhibitions, promotion meetings, trade fairs and other exhibitions may consult the patent certificates or patent licensing contracts of products or technologies marked with patents; If a patent certificate or patent license contract cannot be provided, it may be refused to participate in the exhibition in the name of patented products or patented technologies.

Seventeenth in the patent technology transaction, the transferor shall not violate the provisions of laws and regulations, damage the legitimate rights and interests of the transferee, and shall not restrict the technical competition and development.

Eighteenth units and individuals have the right to report the acts of counterfeiting other people's patents or impersonating patents to the municipal, district and county departments in charge of patent work. The municipal, district and county departments in charge of patent work shall establish a reporting system, announce the reporting methods, and keep confidential the informants.

Article 19 The municipal administrative department for patent affairs shall establish the archives of counterfeiting other people's patents, impersonating patents and intentionally carrying out patent infringement; Incorporate it into the enterprise credit information system of this Municipality and announce it to the public.

Chapter III Patent Promotion

Twentieth this Municipality encourages enterprises, research and development institutions and institutions of higher learning to formulate patent strategies and technical standards strategies, and strengthen scientific and technological research and development and patent implementation; Encourage individuals to make inventions and apply for patents. The city has established a patent research, development, implementation and trading service platform to provide services for units and individuals.

Article 21 A patent award shall be established in this Municipality to reward patentees who have made outstanding contributions to the economic and social development of this Municipality by implementing inventions and creations in this Municipality.

Article 22 This Municipality encourages enterprises and other organizations to increase investment in patent research and development, and the patent research and development expenses are included in the cost according to the provisions of the State and this Municipality on promoting technological progress, and enjoy corresponding preferential tax policies. The expenses incurred by an enterprise in purchasing a patent may be included in the cost according to regulations.

Twenty-third patent transfer contract, patent application right transfer contract, patent licensing contract after legally recognized and registered, the parties enjoy the preferential tax policies of the state and the city on technology transactions.

Twenty-fourth units and individuals in the invention, patent application, patent implementation and other aspects of special difficulties need help, you can apply for government financial support. The specific measures for funding shall be formulated by the municipal patent administration department and the municipal finance department in conjunction with the municipal administrative departments of science and technology, development and reform, and industrial promotion.

Article 25 A unit that has been granted a patent right shall, in accordance with the provisions of laws and regulations, give the inventor or designer of a service invention-creation a bonus or remuneration. Where the patent right is transferred, the remuneration of the inventor or designer of the service invention-creation shall be paid with reference to the provisions on licensing others to exploit the patent. Bonuses and remuneration can be paid in cash, shares, equity income or other forms agreed by both parties. The quantity, time and method of payment shall be agreed upon by the parties according to law.

Twenty-sixth of the municipal government financial support for science and technology projects, may produce patents, science and technology and other administrative departments shall agree with the project undertaker patent objectives, and will be included in the acceptance of science and technology projects. The expenses incurred in applying for a patent can be included in the funds of the science and technology plan. The patents generated by the scientific and technological projects supported by the municipal government's financial funds belong to the project undertaker; The project undertaker decides the exploitation of the patent independently, permits others to exploit and transfer it, and shares it at a fixed price to obtain corresponding benefits. However, unless otherwise agreed by the administrative department of science and technology and the project undertaker on the patent right and the rights related to the patent right.

Article 27 Where an application for research and development, technological transformation and technology introduction projects supported by the municipal government's financial funds involves invention patents and utility model patents, the applicant shall submit a patent document retrieval report on relevant technologies to the relevant administrative departments of science and technology, development and reform, and industrial promotion.

If the applicant fails to submit the patent document retrieval report of relevant technology, the relevant administrative department shall not initiate the project.

Article 28 This Municipality encourages patentees to exploit patents according to law. For patents enjoyed by units that have the implementation conditions but fail to implement them in time, this Municipality encourages inventors, designers or other units and individuals to implement them by signing contracts with units that enjoy patent rights.

Twenty-ninth government procurement should be conducive to the realization of national economic and social development policy objectives, giving priority to the procurement of products containing domestic independent research and development patents.

Thirtieth this Municipality encourages the development of patent intermediary service institutions. Patent intermediary service institutions and their practitioners should strengthen self-discipline, constantly improve their professional level, and provide convenient and high-quality services for clients. Patent intermediary service institutions and their practitioners shall practice in accordance with the law, and shall not engage in illegal activities such as soliciting business by improper means, colluding with clients to seek illegitimate interests, and revealing business secrets of clients. The staff of the municipal, district and county patent administration departments shall not engage in patent intermediary services.

Thirty-first relevant industry associations should publicize and train patent knowledge, encourage members to apply for and implement patents, urge members to respect the patents of others, and provide patent consulting services for members.

Chapter IV Legal Liability

Thirty-second acts in violation of the provisions of this Ordinance, laws and administrative regulations have stipulated legal responsibility, shall be investigated for legal responsibility in accordance with its provisions; Where there are no provisions in laws and administrative regulations, legal responsibilities shall be investigated in accordance with the provisions of these regulations.

Article 33 Whoever, in violation of the provisions of the first paragraph of Article 7 of these regulations, impersonates another person's patent, impersonates a patented product with a non-patented product or impersonates a patented method with a non-patented method shall be dealt with by the municipal patent administrative department in accordance with the relevant provisions of the Patent Law of People's Republic of China (PRC). In violation of the provisions of the second paragraph of article seventh of this Ordinance, the municipal patent administration department shall handle it in accordance with the following provisions:

(a) to provide convenient conditions for production and operation for infringement of the patent right of others, and shall be ordered to make corrections.

(two) knowing that it is a counterfeit patent and providing convenient conditions for its production and operation, it shall be ordered to make corrections and make a public announcement, and the illegal income shall be confiscated and a fine of less than three times the illegal income may be imposed; If there is no illegal income, a fine of less than 50 thousand yuan may be imposed.

(three) knowing that others pass off non-patented products as patented products or pass off non-patented methods as patented methods to facilitate their production and operation, they shall be ordered to make corrections and make a public announcement, and may be fined not more than 50,000 yuan.

Article 34 Whoever, in violation of the provisions of the second paragraph of Article 13 of these regulations, refuses or hinders the patent administrative law enforcement personnel from performing their duties according to law, which constitutes a violation of public security administration, shall be punished by the public security organ in accordance with the relevant provisions on administrative penalties for public security; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 35 If the project that fails to submit the relevant technical patent literature retrieval report in violation of the provisions of Article 27 of these regulations causes economic losses to the country, the supervisory organ shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel of the relevant administrative department.

Thirty-sixth patent intermediary service institutions and their practitioners who violate the provisions of the third paragraph of Article 30 of these regulations shall be dealt with by the municipal patent administration department or other departments according to law.

Article 37 Where the staff of the patent administrative departments of cities, districts and counties and other relevant state organs neglect their duties, abuse their powers or engage in malpractices for selfish ends, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions according to law.

Chapter V Supplementary Provisions

Article 38 These Regulations shall come into force as of June 6, 2005.