Regulation of Patent Protection of Chengdu City

Chapter 5 Legal Responsibility

    37. The person, who trespass inventor or designer’s patent application right on nonservice invention, shall be given administrative penalty by his company or competent authorities at higher level. He shall also be charged with relevant civil responsibility according to laws.

    38. If any party acts against Clause 12, Clause 13 and Clause 14 of this regulation, the people’s government above county level shall notify to the former for time limit correction. Failure in correction exceeding the time limit, penalty decision may be made at a range from RMB1,000 to RMB30,000.

    39. If the interested party acts against Clause 15 and Clause 16 and refuses to provide or conceal or transfer or destroy contract, account, drawing and papers concerned to cases, or open the envelop or transfer or handle preserved articles without permission, the patent management department may make a penalty decision with amount ranging from RMB1,000 to RMB30,OOO. If the party’s activity forms to crime, the judicial organ shall prosecute for criminal responsibility according to laws.

    40. According to Clause 29 of this regulation, for the activity of patent counterfeit or patent imitation, the interested party shall be charged with civil responsibility in accordance with Patent Law of The People’s Republic of China. Meanwhile, the patent management department of people’s government above county level shall instruct the interested party to correct in specified time limit and notice to public. The illegal income shall be confiscated and penalty made at a range of 1~3 times of illegal gains. If no illegal income, penalty shall be made with amount ranging from RMB 1,000 to RMB 50,000.

    41. In case of any activity as stated in Clause 30 of this regulation, according to Patent Law of The People’s Republic of China, the patent management department of people’s government above county level shall instruct the interested party to correct in specified time limit and notice to public. Meanwhile, penalty shall be made with amount ranging from RMB 1,000 to RMB 50,000.

    42. Any party if rejects or obstructs the patent management staff to perform official business and acts against Rules for Punishment in Respect to Management of Law and Order of The People’s Republic of China, he shall be punished with public security penalty by public security organ. If the activities form to crime, the judicial organ shall prosecute for criminal responsibility according to laws.

    43. The management staff of patent management department if found misuse of authority, asleep at the switch and irregularities for favoritism, administrative handling shall be given to concerned persons by the unit involved or competent authorities. If the interested party’s legal rights and interests are damaged, he shall be compensated according to laws. If the activities form to crime, the judicial organ shall prosecute for criminal responsibility according to laws.