Regulation of Patent Protection of Chengdu City

Chapter 2 Patent Protection and Management

    5. Patent management department and other concerned administrative branches shall make good arrangement in patent management. Patent assessment system shall be established for the judgment of technology renovation capability of enterprise and industry. The patent management department shall provide guidance to enterprises and government-sponsored institutions to implement patent protection, meanwhile it shall help the enterprises to establish and perfect patent management system.

    6. The people’s government above county level shall increase investment on patent project. Special fund shall be established for patent financial support. The special fund shall be used in the assistance of patent application, patent project support, training and award etc. for citizen, juridical person and other agents in its administrative area.

     7. Encourage the enterprise and individuals to apply patent right at national or international level for the inventions and creations which is suitable for patent application. The patent management department shall provide necessary guidance for patent right application. Before applying for patent right, the persons involved in creation and invention shall be responsible for secrecy. Any assignment without permission is forbidden under any circumstance.
The enterprise which is granted patent right shall give awards to the creator or designer involved according to regulations of law and code. If the patent is transformed to productivity, reward shall be provided to the creator or designer accordingly.
Bonus or reward can be cash, stock, stock ownership or other payment as agreed to the interested party. The payment amount, awarding time and means will be discussed and agreed with the party concerned.

    8. The patent management department of Chengdu city, according to party’s requirement or application, may organize or entrust relevant department to implement patent technology appraisement. The interested party is also allowed to entrust patent technology appraisal agency established legally to carry out technical appraisal.

    9. The interested party shall submit patent search report or valid support information of patent to the relevant department under situations as stipulated below:
      1) Significant scientific research project and development of new technology and new product;
      2) Import and export trade of technology and equipment;
      3) Science and technology project needs support and invest from the state;
      4) Foreign party applies for establishing sino-foreign joint venture and cooperation enterprise with patent and equipment as investment;
      5) Applying for property assessment to the patent assets;
      6) Other significant economic trade activities concerned with patent right;

    10. The enterprise which holds state property shall carry out patent property assessment in such cases as stipulated below:
      1) Assign right to apply for a patent or assign patent right;
      2) Consolidation, division or account settlement of state-owned enterprises and establishments;
      3) Provide state-owned patent assets for joint venture and cooperation with company, enterprise, other economic organization or individuals now matter at home or abroad. Or allow the aforesaid party to implement joint venture or cooperation.
      4) Evaluate patent assets as financial contribution to establish company of limited liability or incorporated company;
      5) Introduce patent technology of foreign countries with every variety of form;
      6) Other cases need patent assets appraisal;
The patent assets assessment shall be carried out by qualified assets assessment agency.
Unit with no state property is also allowed to apply for patent assets assessment according to law.

    11. The patentee and his licensee have the right to label patent mark on the patent product or package. The label form of patent mark shall be in accordance with relative regulations.

    12. If taking advantage of conference exhibition, broadcasting, television, newspaper and advertisement for propaganda and promotion of patent products or patent method, the interested party shall submit valid certificates such as patent license or patent licensing contract to the department concerned for approval.

    13. The conductor who calls for exhibition, product show, product promotion and trade fair and units in field of commercial distribution shall strengthen management of products or technology concerned with patent. For the products or technology shown in exhibition, if concerned with patent, the parties shall provide valid certificates such as patent license and patent licensing contract etc.. Without qualified certificate, the product or technology shall not be allowed for exhibition or sale in name of patent product or patent technology.

    14. No unit or individuals are allowed to provide facility or convenience for fabrication, sale promise, marketing, utilization, advertisement, storage, transportation and concealment in patent infringement or activities such as pass off the patent of another person or patent imitation.

    15. Patent management department, while handling patent dispute and investigating and handling activities such as pass off the patent of another person or patent imitation, has the right to question a party and witness and check articles related to patent case. It also has the right to register, preserve, look up and copy contract document and account books associated with patent case. Departments and individuals concerned shall provide assistance without rejection or holdback.

    16. Patent management department, at request of applicant, may register and preserve articles which is possible for loss or destroyed or transferred while handling case of patent dispute. Departments and individuals concerned shall provide assistance without rejection or holdback.
The suitor who applies for article registration and preservation shall present a guarantee for the review and decision of patent management department. If the defendant presents a guarantee, the preservation may be released after patent management department has reviewed such guarantee.

    17. Units or individuals have right to report to the patent management department on the illegal activities such as pass off the patent of another person or patent imitation. The patent management department has the obligation to keep secrete of the reporter and details concerned.