| |
Patent
Law of the People''s Republic of China
(Adopted at the 4th Meeting of the Standing Committee of the Sixth
National People's Congress on March 12,1984
Amended in accordance with the Decision of the Standing Committee
of the Seventh National People's Congress on Amending the Patent
Law of the People's Republic of China at its 27th Meeting on September
4,1992
Amended again in accordance with the Decision of the Standing Committee
of the Ninth National People's Congress on Amending the Patent Law
of the People's Republic of China adopted at its 17th Meeting on
August 25,2000)
TABLE OF CONTENTS
Chapter I General Provisions
Chapter II Requirements for Grant of Patent Right
Chapter III Application for Patent
Chapter IV Examination and Approval of Application
for Patent
Chapter V Duration, Cessation and Invalidation of Patent
Right
Chapter VI Compulsory License for Exploitation of Patent
Chapter VII Protection of Patent Right
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to protect
patent rights for inventions-creations, to encourage invention-creation,
to foster the spreading and application of inventions-creations,
and to promote the development and innovation of science and technology,
for meeting the needs of the construction of socialist modernization.
Article 2 In this Law, "inventions-creations"
mean inventions, utility models and designs.
Article 3 The patent administration
department under the State Council is responsible for the patent
work throughout the country. It receives and examines patent applications
and grants patent rights for inventions-creations in accordance
with law.
The administrative authority for patent affairs under the people's
governments of provinces, autonomous regions and municipalities
directly under the Central Government are responsible for the administrative
work concerning patents in their respective administrative areas
.
Article 4 Where an invention-creation
for which a patent is applied for relates to the security or other
vital interests of the State and is required to be kept secret,
the application shall be treated in accordance with the relevant
prescriptions of the State.
Article 5 No patent right shall be granted
for any invention-creation that is contrary to the laws of the State
or social morality or that is detrimental to public interest.
Article 6 An invention-creation, made
by a person in execution of the tasks of the entity to which he
belongs, or made by him mainly by using the material and technical
means of the entity is a service invention-creation. For a service
intention-creation, the right to apply for a patent belongs to the
entity. After the application is approved, the entity shall be the
patentee.
For a non-service invention-creation, the right to apply for a patent
belongs to the inventor or creator. After the application is approved,
the inventor or creator shall be the patentee.
In respect of an invention-creation made by a person using the material
and technical means of an entity to which he belongs, where the
entity and the inventor or creator have entered into a contract
in which the right to apply for and own a patent is provided for,
such a provision shall apply.
Article 7 No entity or individual shall
prevent the inventor or creator from filing an application for a
patent for a non-service invention-creation.
Article 8 For an invention-creation
jointly made by two or more entities or individuals, or made by
an entity or individual in execution of a commission given to it
or him by another entity or individual, the right to apply for a
patent belongs, unless otherwise agreed upon, to the entity or individual
that made, or to the entities or individuals that jointly made,
the invention-creation. After the application is approved, the entity
or individual that applied for it shall be the patentee.
Article 9 Where two or more applicants
file applications for patent for the identical invention-creation,
the patent right shall be granted to the applicant whose application
was filed first.
Article 10 The right to apply for a patent
and the patent right may be assigned.
Any assignment, by a Chinese entity or individual, of the right
to apply for a patent, or of the patent right, to a foreigner must
be approved by the competent department concerned of the State Council.
Where the right to apply for a patent or the patent right is assigned,
the parties shall conclude a written contract and register it with
the patent administration department under the State Council. The
patent administration department under the State Council shall announce
the registration. The assignment shall take effect as of the date
of registration.
Article 11 After the grant of the patent
right for an invention or utility model, except where otherwise
provided for in this Law, no entity or individual may, without the
authorization of the patentee, exploit the patent, that is, make,
use, offer to sell, sell or import the patented product, or use
the patented process, and use, offer to sell, sell or import the
product directly obtained by the patented process, for production
or business purposes.
After the grant of the patent right for a design, no entity or individual
may, without the authorization of the patentee, exploit the patent,
that is, make, sell or import the product incorporating its or his
patented design, for production or business purposes.
Article 12 Any entity or individua1 exploiting
the patent of another shall conclude with the patentee a written
license contract for exploitation and pay the patentee a fee for
the exploitation of the patent. The licensee has no right to authorize
any entity or individual, other than that referred to in the contract
for exploitation, to exploit the patent.
Article 13 After the publication of the
application for a patent for invention, the applicant may require
the entity or individual exploiting the invention to pay an appropriate
fee.
Article 14 Where any patent for invention,
belonging to any State-owned enterprise or institution, is of great
significance to the interest of the State or to the public interest,
the competent departments concerned under the State council and
the people's governments of provinces, autonomous regions or municipalities
directly under the Central Government may, after approval by the
State Council, decide that the patented invention be spread and
applied within the approved limits, and allow designated entities
to exploit that invention. The exploiting entity shall, according
to the regulations of the State, pay a fee for exploitation to the
patentee .
Any patent for invention belonging to a Chinese individual or an
entity under collective ownership, which is of great significance
to the interest of the State or to the public interest and is in
need of spreading and application, may be treated alike by making
reference to the provisions of the preceding paragraph.
Article l5 The patentee has the right
to affix a patent marking and to indicate the number of the patent
on the patented product or on the packing of that product.
Article 16 The entity that is granted
a patent right shall award to the inventor or creator of a service
invention--creation a reward and, upon exploitation of the patented
invention-creation, shall pay the inventor or creator a reasonable
remuneration based on the extent of spreading and application and
the economic benefits yielded.
Article l7 The inventor or creator has
the right to be named as such in the patent document.
Article 18 Where any foreigner, foreign
enterprise or other foreign organization having no habitual residence
or business office in China files an application for a patent in
China, the application sha1l be treated under this Law in accordance
with any agreement concluded between the country to which the applicant
belongs and China, or in accordance with any international treaty
to which both countries are party, or on the basis of the principle
of reciprocity.
Article l9 Where any foreigner, foreign
enterprise or other foreign organization having no habitual residence
or business office in China applies for a patent, or has other patent
matters to attend to, in China, it or he shall appoint a patent
agency designated by the patent administration department under
the State Council to act as his or its agent.
Where any Chinese entity or individual applies for a patent or has
other patent matters to attend to in the country, it or he may appoint
a patent agency to act as its or his agent.
The patent agency shall comply with the provisions of laws and administrative
regulations, and handle patent applications and other patent matters
according to the instructions of its clients. In respect of the
contents of its clients' inventions-creations, except for those
that have been published or announced, the agency shall bear the
responsibility of keeping them confidential. The administrative
regulations governing the patent agency shall be formulated by the
State Council.
Article 20 Where any Chinese entity or
individual intends to file an application in a foreign country for
a patent for invention-creation made in China, it or he shall file
first an application for patent with the patent administration department
under the State Council, appoint a patent agency designated by the
said department to act as its or his agent, and comply with the
provisions of Article 4 of this Law.
Any Chinese entity or individual may file an international application
for patent in accordance with any international treaty concerned
to which China is party. The applicant filing an international application
for patent shall comply with the provisions of the preceding paragraph.
The patent administration department under the State Council shall
handle any international application for patent in accordance with
the international treaty concerned to which China is party, this
Law and the relevant regulations of the State Council.
Article 21 The patent administration
department under the State Council and its Patent Reexamination
Board shall handle any patent application and patent-related request
according to law and in conformity with the requirements for being
objective, fair, correct and timely.
Until the publication or announcement of the application for a patent,
staff members of the patent administration department under the
State Council and other persons involved have the duty to keep its
contents secret.
TOP
Chapter II Requirements for Grant of Patent Right
Article 22 Any invention or utility model
for which patent right may be granted must possess novelty, inventiveness
and practical app1icability.
Novelty means that, before the date of filing, no identical invention
or utility model has been publicly disclosed in publications in
the country or abroad or has been publicly used or made known to
the public by any other means in the country, nor has any other
person filed previously with the Patent Administration Department
Under the State Council an application which described the identical
invention or utility mode1 and was published after the said date
of filing.
Inventiveness means that, as compared with the technology existing
before the date of filing, the invention has prominent substantive
features and represents a notable progress and that the utility
model has substantive features and represents progress.
Practical applicability means that the invention or utility model
can be made or used and can produce effective results.
Article 23 Any design for which patent
right may be granted must not be identical with and simi1ar to any
design which, before the date of filing, has been publicly disclosed
in publications in the country or abroad or has been publicly used
in the country, and must not be in conflict with any prior right
of any other person.
Article 24 An invention-creation for which a patent is applied
for does not lose its novelty where, within six months before the
date of filing, one of the following events occurred:
(l) where it was first exhibited at an international exhibition
sponsored or recognized by the Chinese Government;
(2) where it was first made public at a prescribed academic or technological
meeting;
(3) where it was disc1osed by any person without the consent of
the applicant.
Article 25 For any of the following,
no patent right shall be granted:
(1) scientific discoveries;
(2) rules and methods for mental activities;
(3) methods for the diagnosis or for the treatment of diseases;
(4) animal and plant varieties;
(5) substances obtained by means of nuclear transformation.
For processes used in producing products referred to in items (4)
of the preceding paragraph, patent right may be granted in accordance
with the provisions of this Law.
TOP
Chapter III Application for Patent
Article 26 Where an application for a
patent for invention or utility model is filed, a request, a description
and its abstract, and claims shall be submitted.
The request shall state the title of the invention or utility model,
the name of the inventor or creator, the name and the address of
the applicant and other related matters.
The description shall set forth the invention or utility model in
a manner sufficiently clear and complete so as to enable a person
skilled in the re1evant field of techno1ogy to carry it out; where
necessary, drawings are required. The abstract shall state briefly
the main technical points of the invention or utility model.
The claims sha1l be supported by the description and shal1 state
the extent of the patent protection asked for.
Article 27 Where an app1ication for a
patent for design is filed, a request, drawings or photographs of
the design shall be submitted, and the product incorporating the
design and the class to which that product be1ongs shall be indicated.
Article 28 The date on which the Patent
Administration Department Under the State Council receives the application
shall be the date of filing. If the app1ication is sent by mail,
the date of mailing indicated by the postmark shall be the date
of filing.
Article 29 Where , within twelve months
from the date on which any applicant first filed in a foreign country
an application for a Patent for invention or utility model, or within
six months from the date on which any applicant first filed in a
foreign country an application for a patent for design, he or it
files in China an application for a patent for the same subject
matter, he or it may, in accordance with any agreement concluded
between the said foreign country and China, or in accordance with
any international treaty to which both countries are party, or on
the basis of the principle of mutual recognition of the right of
priority, enjoy a right of priority.
Where, within twelve months from the date on which any applicant
first filed in China an application for a patent for invention or
utility model, he or it files with the Patent Administration Department
Under the State Council an application for a patent for the same
subject matter , he or it may enjoy a right of priority.
Article 30 Any applicant who claims the
right of priority shall make a written declaration when the application
is filed, and submit, within three months, a copy of the patent
application document which was first filed ; if the applicant fails
to make the written declaration or to meet the time limit for submitting
the patent application document, the claim to the right of priority
shall be deemed not to have been made.
Article 3l An application for a patent
for invention or utility model shall be limited to one invention
or uti1ity model. Two or more inventions or utility models belonging
to a single general inventive concept may be filed as one application.
An application for a patent for design shall be limited to one design
incorporated in one product. Two or more designs which are incorporated
in products belonging to the same c1ass and are sold or used in
sets may be filed as one application.
Article 32 An applicant may withdraw
his or its application for a patent at any time before the patent
right is granted.
Article 33 An applicant may amend his
or its application for a patent, but the amendment to the application
for a patent for invention or utility model may not go beyond the
scope of the disclosure contained in the initial description and
claims, and the amendment to the application for a patent for design
may not go beyond the scope of the disclosure as shown in the initial
drawings or photographs.
TOP
Chapter IV Examination and Approval of Application
for Patent
Article 34 Where, after receiving an
application for a patent for invention, the Patent Administration
Department Under the State Council, upon preliminary examination,
finds the application to be in conformity with the requirements
of this Law, it shall publish the application promptly after the
expiration of eighteen months from the date of filing. Upon the
request of the applicant, the Patent Administration Department Under
the State Council publishes the application earlier.
Article 35 Upon the request of the applicant
for a patent for invention, made at any time within three years
from the date of filing, the Patent Administration Department Under
the State Council will proceed to examine the application as to
its substance. If, without any justified reason, the applicant fails
to meet the time limit for requesting examination as to substance,
the application shall be deemed to have been withdrawn.
The Patent Administration Department Under the State Council may,
on its own initiative, proceed to examine any application for a
patent for invention as to its substance when it deems it necessary.
Article 36 When the applicant for a patent
for invention requests examination as to substance , he or lit shall
furnish pre-filing date reference materials concerning the invention.
For an application for a patent for invention that has been already
filed in a foreign country, the patent administration department
under the State Council may ask the app1icant to furnish within
a specified time limit documents concerning any search made for
the purpose of examining that application, or concerning the results
of any examination made, in that country. If, at the expiration
of the specified time limit, without any justified reason, the said
documents are not furnished, the application shall be deemed to
have been withdrawn.
Article 37 Where the Patent Administration
Department Under the State Council , after it has made the examination
as to substance of the application for a patent for invention, finds
that the application is not in conformity with the provisions of
this Law, it shall notify the applicant and request him or it to
submit, within a specified time limit, his or its observations or
to amend the application. If, without any justified reason, the
time limit for making response is not met, the application shall
be deemed to have been withdrawn.
Article 38 Where, after the applicant
has made the observations or amendments, the Patent Administration
Department Under the State Council finds that the application for
a patent for invention is still not in conformity with the provisions
of this Law, the application shall be rejected.
Article 39 Where it is found after examination
as to substance that there is no cause for rejection of the application
for a patent for invention, the patent administration department
under the State Council shall make a decision to grant the patent
right for invention, issue the certificate of patent for invention,
and register and announce it. The patent right for invention shall
take effect as of the date of the announcement.
Article 40 Where it is found after preliminary
examination that there is no cause for rejection of the application
for a patent for utility model or design, the patent administration
department under the State Council shall make a decision to grant
the patent right for utility model or the patent right for design,
issue the relevant patent certificate, and register and announce
it. The patent right for utility model or design shall take effect
as of the date of the announcement.
Article 41 The patent administration
department under the State Council shall set up a Patent Reexamination
Board. Where an applicant for patent is not satisfied with the decision
of the said department rejecting the application, the applicant
may, within three months from the date of receipt of the notification,
request the Patent Reexamination Board to make a reexamination.
The Patent Reexamination Board shall, after reexamination, make
a decision and notify the applicant for patent.
Where the applicant for patent is not satisfied with the decision
of the Patent Reexamination Board, it or he may, within three months
from the date of receipt of the notification, institute legal proceedings
in the people's court.
TOP
Chapter V Duration, Cessation and Invalidation of
Patent Right
Article 42 The duration of patent right
for inventions shall be twenty years, the duration of patent right
for utility models and patent right for designs shall be ten years,
counted from the date of filing.
Article 43 The patentee shall pay an
annual fee beginning with the year in which the patent right was
granted.
Article 44 In any of the following cases, the patent right
shall cease before the expiration of its duration:
(1) where an annual fee is not paid as prescribed;
(2) where the patentee abandons his or its patent right by a written
declaration.
Any cessation of the patent right shall be registered and announced
by the Patent Administration Department Under the State Council
.
Article 45 Where, starting from the date
of the announcement of the grant of the patent right by the patent
administration department under the State Council, any entity or
individual considers that the grant of the said patent right is
not in conformity with the relevant provisions of this Law, it or
he may request the Patent Reexamination Board to declare the patent
right invalid.
Article 46 The Patent Reexamination Board
shall examine the request for invalidation of the patent right promptly,
make a decision on it and notify the person who made the request
and the patentee. The decision declaring the patent right invalid
shall be registered and announced by the patent administration department
under the State Council.
Where the patentee or the person who made the request for invalidation
is not satisfied with the decision of the Patent Reexamination Board
declaring the patent right invalid or upholding the patent right,
such party may, within three months from receipt of the notification
of the decision, institute legal proceedings in the people's court.
The people's court shall notify the person that is the opponent
party of that party in the invalidation procedure to appear as a
third party in the legal proceedings.
Article 47 Any patent right which has
been declared invalid shall be deemed to be non-existent from the
beginning.
The decision declaring the patent right invalid shall have no retroactive
effect on any judgement or ruling of patent infringement which has
been pronounced and enforced by the people's court, on any decision
concerning the handling of a dispute over patent infringement which
has been complied with or compulsorily executed, or on any contract
of patent license or of assignment of patent right which has been
performed prior to the declaration of the patent right invalid;
however, the damage caused to other persons in bad faith on the
part of the patentee shall be compensated.
If, pursuant to the provisions of the preceding paragraph, the patentee
or the assignor of the patent right makes no repayment to the licensee
or the assignee of the patent right of the fee for the exploitation
of the patent or of the price for the assignment of the patent right,
which is obviously contrary to the principle of equity, the patentee
or the assignor of the patent right shall repay the whole or part
of the fee for the exploitation of the patent or of the price for
the assignment of the patent right to the licensee or the assignee
of the patent right.
TOP
Chapter VI Compulsory License for Exploitation of
Patent
Article 48 Where any entity which is
qualified to exploit the invention or utility model has made requests
for authorization from the patentee of an invention or utility model
to exploit its or his patent on reasonable terms and conditions
and such efforts have not been successful within a reasonable period
of time, the Patent Administration Department Under the State Council
may, upon the request of that entity, grant a compulsory license
to exploit the patent for invention or utility model.
Article 49 Where a national emergency or any extraordinary
state of affairs occurs, or where the public interest so requires,
the Patent Administration Department Under the State Council may
grant a compulsory license to exploit the patent for invention or
utility model.
Article 50 Where the invention or utility
model for which the patent right has been granted involves important
technical advance of considerable economic significance in relation
to another invention or utility model for which a patent right has
been granted earlier and the exploitation of the later invention
or utility model depends on the exploitation of the earlier invention
or utility model, the patent administration department under the
State Council may, upon the request of the later patentee, grant
a compulsory license to exploit the earlier invention or utility
model.
Where, according to the preceding paragraph, a compulsory license
is granted, the Patent Administration Department Under the State
Council may, upon the request of the earlier patentee, also grant
a compulsory license to exploit the later invention or utility model.
Article 51 The entity or individual requesting,
in accordance with the provisions of this Law, a compulsory license
for exploitation shall furnish proof that it or he has not been
able to conclude with the patentee a license contract for exploitation
on reasonable terms and conditions.
Article 52 The decision made by the patent
administration department under the State Council granting a compulsory
license for exploitation shall be notified promptly to the patentee
concerned, and shall be registered and announced.
In the decision granting the compulsory license for exploitation,
the scope and duration of the exploitation shall be specified on
the basis of the reasons justifying the grant. If and when the circumstances
which led to such compulsory license cease to exist and are unlikely
to recur, the patent administration department under the State Council
may, after review upon the request of the patentee, terminate the
compulsory license.
Article 53 Any entity or individual that
is granted a compulsory license for exploitation shall not have
an exclusive right to exploit and shall not have the right to authorize
exploitation by any others.
Article 54 The entity or individual that
is granted a compulsory license for exploitation shall pay to the
patentee a reasonable exploitation fee, the amount of which shall
be fixed by both parties in consultations. Where the parties fail
to reach an agreement, the Patent Administration Department Under
the State Council shall adjudicate.
Article 55 Where the patentee is not
satisfied with the decision of the patent administration department
under the State Council granting a compulsory license for exploitation,
or where the patentee or the entity or individual that is granted
the compulsory license for exploitation is not satisfied with the
ruling made by the patent administration department under the State
Council regarding the fee payable for exploitation, it or he may,
within three months from the receipt of the date of notification,
institute legal proceedings in the people's court.
TOP
Chapter VII Protection of Patent Right
Article 56 The extent of protection of
the patent right for invention or utility model shall be determined
by the terms of the claims. The description and the appended drawings
may be used to interpret the claims.
The extent of protection of the patent right for design shall be
determined by the product incorporating the patented design as shown
in the drawings or photographs.
Article 57 Where a dispute arises as
a result of the exploitation of a patent without the authorization
of the patentee, that is, the infringement of the patent right of
the patentee, it shall be settled through consultation by the parties.
Where the parties are not willing to consult with each other or
where the consultation fails, the patentee or any interested party
may institute legal proceedings in the people's court, or request
the administrative authority for patent affairs to handle the matter.
When the administrative authority for patent affairs handling the
matter considers that the infringement is established, it may order
the infringer to stop the infringing act immediately. If the infringer
is not satisfied with the order, he may, within 15 days from the
date of receipt of the notification of the order, institutes legal
proceedings in the people's court in accordance with the Administrative
Procedure Law of the People's Republic of China. If, within the
said time limit, such proceedings are not instituted and the order
is not complied with, the administrative authority for patent affairs
may approach the people's court for compulsory execution. The said
authority handling the matter may, upon the request of the parties,
mediate in the amount of compensation for the damage caused by the
infringement of the patent right. If the mediation fails, the parties
may institute legal proceedings in the people's court in accordance
with the Civil Procedure Law of the People's Republic of China.
Where any infringement dispute relates to a patent for invention
for a process for the manufacture of a new product, any entity or
individual manufacturing the identical product shall furnish proof
to show that the process used in the manufacture of its or his product
is different from the patented process. Where the infringement relates
to a patent for utility model, the people's court or the administrative
authority for patent affairs may ask the patentee to furnish a search
report made by the patent administration department under the State
Council.
Article 58 Where any person passes off
the patent of another person as his own, he shall, in addition to
bearing his civil liability according to law, be ordered by the
administrative authority for patent affairs to amend his act, and
the order shall be announced. His illegal earnings shall be confiscated
and , in addition, he may be imposed a fine of not more than three
times his illegal earnings and, if there is no illegal earnings,
a fine of not more than RMB 50,000 yuan. Where the infringement
constitutes a crime, he shall be prosecuted for his criminal liability.
Article 59 Where any person passes any
non-patented product off as patented product or passes any non-patented
process off as patented process, he shall be ordered by the administrative
authority for patent affairs to amend his act , and the order shall
be announced, and he may be imposed a fine of no more than RMB 50,000
yuan.
Article 60 The amount of compensation
for the damage caused by the infringement of the patent right shall
be assessed on the basis of the losses suffered by the patentee
or the profits which the infringer has earned through the infringement.
If it is difficult to determine the losses which the patentee has
suffered or the profits which the infringer has earned, the amount
may be assessed by reference to the appropriate multiple of the
amount of the exploitation fee of that patent under contractual
license.
Article 61 Where any patentee or interested
party has evidence to prove that another person is infringing or
will soon infringe its or his patent right and that if such infringing
act is not checked or prevented from occurring in time, it is likely
to cause irreparable harm to it or him, it or he may, before any
legal proceedings are instituted, request the people's court to
adopt measures for ordering the suspension of relevant acts and
the preservation of property.
The people's court, when dealing with the request mentioned in the
preceding paragraph, shall apply the provisions of Article 93 through
Article 96 and of Article 99 of the Civil Procedure Law of the People's
Republic of China
Article 62 Prescription for instituting
legal proceedings concerning the infringement of patent right is
two years counted from the date on which the patentee or any interested
party obtains or should have obtained knowledge of the infringing
act.
Where no appropriate fee for exploitation of the invention, subject
of an application for patent for invention, is paid during the period
from the publication of the application to the grant of patent right,
prescription for instituting legal proceedings by the patentee to
demand the said fee is two years counted from the date on which
the patentee obtains or should have obtained knowledge of the exploitation
of his invention by another person. However, where the patentee
has already obtained or should have obtained knowledge before the
date of the grant of the patent right, the prescription shall be
counted from the date of the grant.
Article 63 None of the following shall
be deemed an infringement of the patent right:
(l) Where, after the sale of a patented product that was made or
imported by the patentee or with the authorization of the patentee,
or of a product that was directly obtained by using the patented
process, any other person uses, offers to sell or sells that product;
(2) Where, before the date of filing of the application for patent,
any person who has already made the identical product, used the
identical process, or made necessary preparations for its making
or using, continues to make or use it within the original scope
only;
(3) Where any foreign means of transport which temporarily passes
through the territory, territorial waters or territorial airspace
of China uses the patent concerned, in accordance with any agreement
concluded between the country to which the foreign means of transport
belongs and China, or in accordance with any international treaty
to which both countries are party, or on the basis of the principle
of reciprocity, for its own needs, in its devices and installations;
(4) Where any person uses the patent concerned solely for the purposes
of scientific research and experimentation.
Any person who, for production and business purposes, uses or sells
a patented product or a product that was directly obtained by using
a patented process, without knowing that it was made and sold without
the authorization of the patentee, shall not be liable to compensate
for the damage of the patentee if he can prove that he obtains the
product from a legitimate source.
Article 64 Where any person, in violation
of the provisions of Article 20 of this Law, files in a foreign
country an application for a patent that divulges an important secret
of the State, he shall be subject to disciplinary sanction by the
entity to which he belongs or by the competent authority concerned
at the higher level. Where a crime is established, the person concerned
shall be prosecuted for his criminal liability according to the
law.
Article 65 Where any person usurps the
right of an inventor or creator to apply for a patent for a non-service
invention-creation, or usurps any other right or interest of an
inventor or creator, prescribed by this Law, he shall be subject
to disciplinary sanction by the entity to which he belongs or by
the competent authority at the higher level.
Article 66 The administrative authority
for patent affairs may not take part in recommending any patented
product for sale to the public or any such commercial activities.
Where the administrative authority for patent affairs violates the
provisions of the preceding paragraph, it shall be ordered by the
authority at the next higher level or the supervisory authority
to correct its mistakes and eliminate the bad effects. The illegal
earnings, if any, shall be confiscated. Where the circumstances
are serious, the persons who are directly in charge and the other
persons who are directly responsible shall be given disciplinary
sanction in accordance with law.
Article 67 Where any State functionary
working for patent administration or any other State functionary
concerned neglects his duty, abuses his power, or engages in malpractice
for personal gain, which constitutes a crime, shall be prosecuted
for his criminal liability in accordance with law. If the case is
not serious enough to constitute a crime, he shall be given disciplinary
sanction in accordance with law.
TOP
Chapter VIII Supplementary Provisions
Article 68 Any application for a patent
filed with, and any other proceedings before, the Patent Administration
Department Under the State Council shall be subject to the payment
of a fee as prescribed.
Article 69 This Law shall enter into
force on April l, 1985.
TOP
|