Recently National Development and Reform Commission, together with National Intellectual Property Administration (CNIPA), the Supreme People’s Court, State Administration for Marketing Regulation and etc., 38 administrations and units in total, have jointly released the MOU on the Implementation of Joint Punishments against Seriously Dishonest Parties in IP Field (hereinafter referred as “MOU”), and will carry out joint punishments against seriously dishonest acts in IP Field.
It is prescribed in the MOU that the 6 kinds of acts below would be seen as seriously dishonesty in IP (patent) field.
I. Repeatedly patent infringement. Where local IP office determines the existence of patent infringement through mediation or making administrative decision but the infringement on the same patent right is performed again by the same infringer, it would be regarded as repeatedly patent infringement.
II. Not abiding with the administrative decisions. Refusal to enforce the effective administrative disposal decisions or administrative penalty decisions on patent infringement as well as hindering local IP office from lawfully conducting investigation and collecting evidence would be regarded as not abiding with the administrative decisions.
III. Patent agency’s serious violation of laws. Where patent agency is listed as irregular operation by CNIPA and still does not comply with related regulations after 3 years as of being listed, it shall be regarded as patent agency’s serious violation of laws.
IV. Affiliation of Patent Agent Qualification Certificate, alteration, reselling at a profit, renting, lending Patent Agent Qualification Certificate or assignment of Qualification Certificate, Registration Certificate and practicing seal in other ways
V. Irregular patent application, which refers to the acts listed in Some Provisions on the Issues of Standardization of Patent Application by CNIPA (No. 75 Order of CNIPA).
VI. Submission of fake document. Where right holder submits fake document or fake documentary evidence in patent filling and other related applications, it shall be seen as submission of fake document.
According to the MOU, there are 38 items of joint punishments in total, 5 of which would be implemented by CNIPA and which include: strengthening supervision and giving illegal act a heavier punishment according to law; disqualification of entering the high speed way of patent granting and right safeguard in each IP protection center and high speed right safeguard center; disqualification of applying for national IP demonstration and advantage companies; disqualification of applying for national patent operation demonstration companies and being ineligible to the preferential measures of patent fee deduction and prioritized examination. The other 33 items of joint punishments would be implemented by each administration and unit, including governmental fund restriction, recordation of the dishonesty into financial credit information database and Internet credit system, getting their application of issuing cooperate bonds off the docket and prohibiting the seriously dishonest parties from manufacturing and selling the products involved for a period of time.
It is prescribed in the MOU that the 6 kinds of acts below would be seen as seriously dishonesty in IP (patent) field.
I. Repeatedly patent infringement. Where local IP office determines the existence of patent infringement through mediation or making administrative decision but the infringement on the same patent right is performed again by the same infringer, it would be regarded as repeatedly patent infringement.
II. Not abiding with the administrative decisions. Refusal to enforce the effective administrative disposal decisions or administrative penalty decisions on patent infringement as well as hindering local IP office from lawfully conducting investigation and collecting evidence would be regarded as not abiding with the administrative decisions.
III. Patent agency’s serious violation of laws. Where patent agency is listed as irregular operation by CNIPA and still does not comply with related regulations after 3 years as of being listed, it shall be regarded as patent agency’s serious violation of laws.
IV. Affiliation of Patent Agent Qualification Certificate, alteration, reselling at a profit, renting, lending Patent Agent Qualification Certificate or assignment of Qualification Certificate, Registration Certificate and practicing seal in other ways
V. Irregular patent application, which refers to the acts listed in Some Provisions on the Issues of Standardization of Patent Application by CNIPA (No. 75 Order of CNIPA).
VI. Submission of fake document. Where right holder submits fake document or fake documentary evidence in patent filling and other related applications, it shall be seen as submission of fake document.
According to the MOU, there are 38 items of joint punishments in total, 5 of which would be implemented by CNIPA and which include: strengthening supervision and giving illegal act a heavier punishment according to law; disqualification of entering the high speed way of patent granting and right safeguard in each IP protection center and high speed right safeguard center; disqualification of applying for national IP demonstration and advantage companies; disqualification of applying for national patent operation demonstration companies and being ineligible to the preferential measures of patent fee deduction and prioritized examination. The other 33 items of joint punishments would be implemented by each administration and unit, including governmental fund restriction, recordation of the dishonesty into financial credit information database and Internet credit system, getting their application of issuing cooperate bonds off the docket and prohibiting the seriously dishonest parties from manufacturing and selling the products involved for a period of time.
Date: December 18th, 2018
Source: http://www.sipo.gov.cn/gztz/1134306.htm
(The official website of CNIPA)
Source: http://www.sipo.gov.cn/gztz/1134306.htm
(The official website of CNIPA)