China Support Office

table of contents

China-Japan system comparison

Our office has an intellectual property China support office that serves as a bridge for intellectual property applications and rights protection in China and Japan, so that we can quickly and appropriately respond to your diverse requests. We have opened.

Our China Support Office provides a variety of high-quality services, with our top priority being to quickly and appropriately respond to your requests, questions, and/or consultations regarding Chinese intellectual property rights. We aim to serve you more than ever.

Currently, specialized Chinese staff, including Chinese patent attorneys, are assigned to the China Support Office, and in collaboration with Japanese staff as appropriate, we have created a system that allows Chinese people to support their work in acquiring intellectual property rights in Japan. In addition, we have established a system to support Japanese people in acquiring intellectual property rights in China.

If you have any requests, questions, and/or consultations regarding intellectual property rights in China and Japan, please feel free to contact our China Support Office. The entire staff of the China Support Office will respond promptly and appropriately.

 China Support Office Head Son Ou

 

Overview of the Japanese patent system

Types of Japanese intellectual property rights are:

(1) Patent (2) Utility model (3) Design (4) Trademark (5) Work. Note that (1) to (4) are referred to as industrial property rights.

 

Intellectual property rights term

Patent: 20 years from the filing date.
Utility model: 10 years from the filing date.
Design: 20 years from the date of registration.
Trade mark: Renewable for 10, 5 or 10 years from the date of registration.

 

Examination of intellectual property rights

(1) Patent: The content of the application must be made public after one year and six months from the filing date, and a request for examination must be filed within three years from the filing date.If no request for examination is made within three years, It is considered to have been withdrawn.
(2) Utility models: Substantive examinations such as novelty and inventive step are not conducted, and rights are granted based only on the satisfaction of certain requirements (basic requirements) required for registration. We have adopted an early registration system and can register in February or March from the time of application.
(3) Design: The contents of the application will not be made public during formality examination, but will be published in the official gazette after registration.

 

Documents required when applying

Patent: Specification, claims, abstract, or drawings (English versions can be submitted first. However, Japanese translations must be submitted within 1 year and 2 months from the earlier application. Yes) and application form in Japanese.
Utility model: description, claims, abstract, drawings, and application in Japanese.
Design: Specification and drawings, application in Japanese.
Trademark: Trademark, designated product. However, if it is not used continuously for three years or more, it may be revoked.
In addition, foreigners will need the following information when applying. For example, in the case of a Chinese person, the letter of entrustment should include the applicant's name and address (Chinese-English), the inventor's name and address (Chinese-English), the type of intellectual property right to be applied for, the country of application, China, etc. Enter the filing date and number in China, the type of intellectual property right to be applied for in China, the priority claim, and the request for substantive examination along with the application.

 

Comparison of patent systems between Japan and China

Comparison of patent systems between Japan and China

In Japan, the ``Exclusive Patent Ordinance'' was promulgated and enforced in 1885, and the patent system was born. The Patent Act, which is the basis of the current law, was enacted in 1899 and has been amended over a dozen times to date. Although there are many similarities between the Japanese patent system and the Chinese patent system, there are also some differences. This article provides a general introduction to Japan's patent system, comparing it with China's patent system.

 

Subject of protection under patent law

Japan: Only inventions (utility models are protected by the Utility Model Law, and designs are protected by the Design Law)
China: In addition to inventions, utility models and designs are also protected by the Patent Law.

 

Patent administrator for foreigners

Japan: When overseas residents file patent applications and other related procedures with the Japan Patent Office, they must do so through a patent administrator who has an address or residence in Japan.
China: Overseas residents filing patent applications and other related procedures within China must do so through a patent agency designated by the patent administration department of the State Council.

 

Exception to loss of novelty

Japan:
  (1) Examination by a person who has the right to obtain a patent
  (2) Announcement in a publication by a person who has the right to obtain a patent
  (3) Announcement via telecommunications line by a person who has the right to obtain a patent.
  (4) Presentation by a person with the right to obtain a patent at a research meeting held by an academic organization designated by the Commissioner of the Patent Office
  (5) Presentation at certain exhibitions by a person entitled to a patent;
  (6) Public knowledge contrary to the will of the person who has the right to obtain a patent
China:
  (1) First exhibition at an international exhibition sponsored or recognized by the Chinese government
  (2) First presentation at a specified academic conference or technical conference
  (3) Publication by a third party without the consent of the right holder

 

Inventions that cannot be patented

Japan:
  (1) Inventions that are likely to harm public order, good morals, or public health.
  (2) Surgery, treatment, and diagnostic methods for humans
  (3) Mere discovery
  (4) Things that violate the laws of nature
  (5) Things that do not use natural laws
China:
  (1) Inventions and creations that violate national laws or public morals or harm the public interest
  (2) Scientific discovery.
  (3) Intellectual activity rules and methods.
  (4) Disease diagnosis and treatment methods
  (5) Breeds of animals and plants
  (6) Substances obtained by nuclear transmutation methods

 

Patentability of business model

Japan: Recognizes patentability of business models.
China: Does not recognize patentability of business models.

 

Patentability of programs and recording media on which programs are recorded

Japan: Recognizes its patentability.
China: Does not recognize its patentability.

 

employee invention

Japan: The right to obtain a patent belongs to the inventor. The employer to which the inventor belongs shall have a non-exclusive license free of charge for the patent rights obtained by the inventor or his/her successor for the employee's invention.
China: The right to obtain a patent belongs to the employer to which the inventor belongs. However, in the case of an invention completed using the material and technical conditions of the user to whom it belongs, if the inventor and the user have agreed in a contract regarding the right to apply for a patent and the ownership of the patent right, Follow that agreement.

 

 

Patent duration

Japan: 20 years from the patent application date. However, it can be extended for up to 5 years by applying for extension registration.
China: 20 years from the patent filing date (for invention patents).

 

Correction trial procedure

Japan: A patentee may request a trial for correction to limit the scope of the patent claims, correct typographical errors or mistranslations, and clarify unclear statements.
China: A patentee can request an invalidation trial for restriction of the scope of the patent claims.

 

Change from utility model registration application to patent application

Japan: An applicant for utility model registration may convert the utility model registration application into a patent application within three years from the filing date.
China: Based on an earlier invention patent application, a new invention patent application or utility model patent application with the same theme can be filed. In addition, based on the earlier utility model patent application, a new invention patent application or utility model patent application with the same theme can be filed.

 

Patent application based on utility model registration

Japan: A utility model right holder may file a patent application based on his or her utility model registration within three years from the date of application for utility model registration. In this case, the utility model right must be waived.
China: It is not possible to file a new patent application based on an invention patent or utility model patent after registration.

 

Appeal against examiner's decision of refusal and appeal against the appeal decision

(1) Period for requesting an appeal
  Japan: 30 days (from the date of delivery of the certified copy of the decision of refusal), however, the period may be extended for legal reasons.
  China: Three months (from the date of delivery of a certified copy of the decision of refusal).
(2) Appeal against the trial decision
  (1) Period for filing a lawsuit
    Japan: 30 days (from the date of delivery of the certified copy of the trial decision), however, the chief trial judge may decide the additional period ex officio.
    China: 3 months (from the date of delivery of the certified copy of the trial decision)
(2) Exclusive jurisdiction
  Japan: Tokyo High Court (equivalent to Beijing Higher People's Court)
  China: Beijing City First Intermediate People's Court

 

Appeal against trial decision in patent invalidation trial

(1) Period for filing a lawsuit
  Japan: 30 days (from the date of delivery of the certified copy of the trial decision), however, the chief trial judge may decide on an additional period ex officio.
  China: 3 months (from the date of delivery of the certified copy of the trial decision)
(2) Exclusive jurisdiction
  Japan: Tokyo High Court
  China: Beijing City First Intermediate People's Court
(3) Eligibility as defendant
  Japan: Requester or demandee for invalidation trial
  China: National Intellectual Property Administration Patent Trial and Appeal Board

 

Intellectual property dispute resolution route

Japan: Judicial route if arbitration is not considered. There are district courts, high courts, and supreme courts. A three-umpire system is used.
China: Administrative route and judicial route. There are basic people's courts, intermediate people's courts, high-level people's courts, and supreme people's courts. A second trial system is used. In cases of infringement of patent rights (patent rights, utility model rights, design rights), intermediate people's courts are limited to the first instance because advanced technical knowledge is required. In trademark infringement cases, the people's court of first instance is not limited to the intermediate people's court.

 

China - Relaxation of PCT-PPH application requirements

Regarding the procedure for filing a PCT-PPH application with the China Intellectual Property Office (SIPO), it has traditionally been stated that ``If any opinion is expressed in Box VIII of the WO/ISA, WO/IPEA or IPER on which the PCT-PPH application is based; However, with the revision of the regulations (relaxation of requirements), even if there is any opinion in Column VIII, if any of the following apply, SIPO It will be possible to apply for PCT-PPH to (starting operation from July 2017).

(1) The opinion in Box VIII does not relate to the claims corresponding to the PPH application to SIPO.

(2) The observations in Box VIII relate solely to deficiencies in the specification and accompanying drawings.

 Regarding (3) and (XNUMX) above, an applicant can apply for PPH to SIPO on the premise that other PPH application eligibility requirements are met. Furthermore, it is necessary to briefly state the reason for the PPH application regarding Column VIII in Clause XNUMX (Explanation of special matters) of Column E of the application form.

Reference: China Intellectual Property Office official website

http://www.sipo.gov.cn/ztzl/ywzt/pph/zxdt/201705/t20170522_1311156.html

 

 

 

Anti-infringement measures in China

Greetings from the Legal Affairs Office and China Support Office

China's economy is currently growing at a tremendous rate. The number of excellent researchers has also increased significantly, and the level of researchers is comparable to that of developed countries. Additionally, as more than 1.3 billion people live in China, it is considered an important market.

 However, on the other hand, it is also true that China is a major producer of counterfeit and pirated products, and large quantities of counterfeit and pirated products are exported not only to Japan but also to other countries. For example, according to the record of seizures of intellectual property infringing goods by Japanese customs between January and June 2007, 69.6% of the cases in which imports were suspended were from China ( Import suspensions from other countries were 20.9% for South Korea, 2.9% for Hong Kong, 2.8% for Thailand, and 2.7% for the Philippines.)

 Additionally, according to a survey conducted by the Japan Patent Attorneys Association to corporate intellectual property departments, when asked, "Which country or region do you feel is most important when acquiring patent rights outside of Japan?", 31% of respondents said China. , which is ranked second only to the United States (48%) and more important than Europe (12%). On the other hand, when asked, ``Which country has the least information regarding overseas intellectual property issues?'', the most prominent responses were ``China,'' ``India,'' and ``Brazil.'' (Source : Published by the Japan Patent Attorneys Association, Patent 2007 Vol. 60 No. 9, p. 33).
 The results of this survey reveal the worries and dilemmas faced by intellectual property managers regarding the lack of information about China, despite the fact that it is extremely important for a company's intellectual property strategy.

 Therefore, although it is a small effort, our Legal Office and China Support Office will work together to introduce you to China's intellectual property system in general. We hope that this will help resolve the lack of information on intellectual property in China.

Osaka Legal Strategy Department Patent Attorney Akinori Yatani
China Support Office Head Son Europe

 

 

Anti-infringement measures

When intellectual property rights are infringed in China, two remedies are allowed: administrative route and judicial route (double-track system). China is unique in that it allows for relief through this administrative route.

In the past, administrative routes were often used for relief, but in recent years the number of cases seeking relief through the judicial route has been increasing.

1. The “benefits” of relief through the “administrative route” are as follows.

① The procedure is simple.
② Early resolution is expected.
③ Low cost

In contrast, the ``disadvantages'' of relief through the ``administrative route'' are as follows.

① Not being able to claim compensation for damages (only mediation possible)
② Easily affected by the negative effects of local protectionism
③ Compulsory execution cannot be carried out
④The effect of the decision is limited to the jurisdiction.

2. The “benefits” of relief through the “judicial route” are as follows.

① Being able to seek compensation for damages through a judgment
② Compulsory enforcement of injunctions and seizures based on judgments is possible, and enforcement power extends throughout the country.
③ Availability of injunctions and provisional dispositions prior to filing a lawsuit
④Ability to preserve evidence

In contrast, the ``disadvantages'' of redress through the ``judicial route'' are as follows.

① Procedures are complicated
②High cost
③Processing takes time

When actually responding to intellectual property rights infringement in China, it is necessary to take specific measures after taking into account the "advantages" and "disadvantages" of each route of relief mentioned above.

 

Relief through administrative channels

A feature of intellectual property rights protection in China is that remedies for infringements of intellectual property rights can be obtained through administrative channels. However, even though relief is provided through the administrative route, relief is not provided by a single administrative agency; rather, the administrative agency in charge differs depending on the right to be protected.

Therefore, when seeking relief for intellectual property infringement, it is important to decide which administrative agency to seek relief from.

Therefore, below we will explain the administrative agencies, procedures, and points to keep in mind that provide relief for intellectual property rights infringement.

 

Overview of the China Industry and Commerce Administrative Department

1. Organization of the General Administration for Industry and Commerce

The General Administration for Industry and Commerce is an organization under the direct control of the State Council (equivalent to Japan's Cabinet) that is responsible for market supervision and administration and administrative enforcement. The General Administration for Industry and Commerce is composed of the following organizations:

Secretariat
law enforcement officer
Research and formulate laws and policies related to industrial and commercial administrative management, and be in charge of formulating, coordinating, and publicizing administrative legislation and systems related to industrial and commercial administrative management. Supervise administrative execution related to industrial and commercial administration, or provide consultation and hear opinions. Draft laws and regulations and formulate administrative legislation on industrial and commercial administrative management. Participate in or be in charge of administrative complaints, compensation, etc. Provide public relations and education on the legal system, and provide guidance on the legal system related to industry and commerce administration.

Fair Trading Bureau
Research and formulate administrative legislation, systems, concrete measures, and penalties regarding monopoly and unfair competition, and assign implementation to each department in charge. We will crack down on illegal activities such as monopolies and oligopolies, unfair competition, smuggling, and pyramid schemes in market transactions.
Organizational structure
1 General Department
2Unfair Competition Prevention Department
3 Antitrust Division
4Economic Inspection Department
5Pyramid Scheme Enforcement Department

Consumer Rights Protection Bureau
Research and formulate administrative legislation, systems, specific measures, and penalties regarding consumer rights and interests. Strictly control acts that infringe on the rights and interests of consumers. Supervise the quality of products distributed in the market and crack down on illegal activities such as counterfeit products

Market Standards Management Office
Consider and enact administrative legislation, systems, concrete measures, and penalties related to market order. Maintain, manage and supervise various market orders in accordance with the law. Monitor and manage intermediaries and management structures. Administratively manage contracts, manage the registration of personal property collateral, monitor and manage auctions, and crack down on illegal activities such as fraudulent contracts. Supervise and manage advertising.

Companies Registration Office
Manage the registration of various enterprises (including foreign-affiliated enterprises), units and individuals engaged in business activities, and representative organizations resident in foreign countries (regions). Determine the name of the unit to be registered, issue, accept, and examine related certificates, as well as monitor and manage them.

Personnel Education Officer
Individual Private Economy (Self-Employed) Supervisor
Foreign affairs officer
trademark office
Processes applications for trademarks such as goods/services trademarks and certification trademarks, as well as changes, transfers, renewals, and cancellations of said trademarks; decides on objections to trademark registration; and issues administrative legislation, systems, specific measures, and penalties regarding trademarks. enact. We will crack down on trademark infringement and counterfeit products in accordance with the law. Cooperate with administrative complaints regarding trademark infringement. Trademark license agreement and trademark printing(* 1)Manage. Manages the trademark agency (trademark agent) and trademark asset value evaluation organization. Recognize a name trademark (famous trademark). Gather trademark information. Assign the implementation of international trademark treaties and agreements in China to each department in charge. Responsible for matters related to international coordination and cooperation regarding trademarks.

Trademark Review and Adjudication Board
We accept requests for trademark trials, such as trials against decisions of refusal, appeals against oppositions, cancellations of registered trademarks, and appeals against cancellation decisions.(* 2)

Institutional Communist Party Committee
Discipline Inspection and Supervision Bureau
old executive office

2. Industrial and Commerce Administration Bureau Organizational Chart

State Administration for Industry and Commerce

province(* 3)・Autonomous district(* 4)・Directly controlled city(* 5)Industry and Commerce Administration Bureau

City-level industry and commerce administrative bureau (within a district)

District/city/prefecture-level industry and commerce administrative bureaus

industry and trading office

 

3. Affiliated business unit(* 6)

Institutional Service Center, Economic Information Center, China Industrial and Commercial News, China Industrial and Commercial Publishing, China Consumer News, Industry and Commerce Association, Education Center, Market Economy Supervision and Management Research Center, China Self-Employed Workers Association, China Consumers Association, China Advertising Association, China Trademark Association, General Trademark Service Center

Four. Main authority and responsibilities

1 Research and formulate policies and policies for the administrative management of industry and commerce, draft relevant laws and regulations, and formulate administrative legislation regarding the administrative management of industry and commerce.
2 In accordance with the law, manage the registration of various enterprises (including foreign-funded enterprises), units and individuals engaged in business activities, and representative organizations resident in foreign countries (regions). Determine the name of the unit to be registered, issue, accept, and examine related certificates, as well as monitor and manage them.
3 In accordance with the law, supervise market competition and prevent monopoly, oligopoly, and unfair competition.(* 7), crack down on economic illegal activities such as
4 In accordance with the law, in order to protect the rights and interests of business owners and consumers, supervise market transactions, supervise the quality of products distributed in the market, and crack down on counterfeit products.(* 8)
5. Maintain, manage and supervise all types of market order in accordance with the law.
6 Monitor and manage intermediaries and management organizations in accordance with the law.
7 In accordance with the law, we will administer contracts, manage the registration of personal property collateral, monitor and manage auctions, and crack down on illegal activities such as contract fraud.
8 Supervise and manage advertising and crack down on illegal activities in accordance with the law.
9 Responsible for trademark registration and trademark management, protecting the exclusive right to use trademarks, cracking down on trademark infringement, and strengthening the certification and protection of famous trademarks (famous trademarks).
10 Supervise the management activities of self-employed, cooperative organizations and private enterprises in accordance with the law.
11 Guidance on industrial and commercial administrative management work throughout the country.
12 Promote international research and cooperation in industrial and commercial administrative management.
13 Other matters given to the State Council.

Five. Position of the industrial and commercial administrative department regarding intellectual property rights infringement

A. Any person may file a complaint or report to the administrative department for industry and commerce in the event of any infringement of intellectual property rights listed below.(* 9)

1Using a trademark that is the same or similar to a registered trademark for the same or similar products without obtaining permission from the trademark owner.
2 Selling products that infringe on trademark rights
3Forging another person's registered trademark sign and manufacturing it without permission, or selling another person's registered trademark sign (label, etc.) that has been forged or manufactured without permission.
4The act of replacing a registered trademark without obtaining the consent of the trademark owner and redistributing products bearing the replaced trademark on the market.
5Causing other damage to the trademark rights of others(* 10)
6.A business operator uses a name, packaging, or surface decoration that is unique to a well-known product, or uses a name, packaging, or surface decoration that is similar to that of a well-known product, thereby causing confusion with another person's well-known product. causing consumers to misunderstand that it is the product in question.(* 11)
7Intentionally providing facilities such as storage, transportation, mailing, concealment, etc. in connection with infringing the right to exclusive use of another person's registered trademark.(* 12)

B. Authority of the administrative department for industry and commerce and exercise of its authority
·Authority
The administrative department for industry and commerce shall have the authority to investigate and take action against acts of infringement of trademark rights according to law. If there is a risk of a crime, it shall be immediately transferred to a judicial organ (public security organ) and dealt with according to law.(* 13)

・Exercise of authority(* 14)
When conducting an investigation into an act of infringement on the trademark rights of another person suspected of infringing, based on evidence or reports of suspected illegality that have already been obtained by the industrial and commercial administrative department at the prefectural level or above, The department may exercise the following powers:
(1) Interrogate relevant parties and investigate the circumstances related to infringement of trademark rights of others;
(2) Investigating, inspecting, and copying contracts, documents, ledgers, and other related materials related to the parties and the infringing activities;
(3) Conduct on-site inspections of locations where the parties are suspected of engaging in acts that infringe on the trademark rights of others;
(4) may inspect items related to infringing activities and seize items that are evidence of infringement of another's trademark rights;

C Processing result
If the administrative department for industry and commerce determines that an infringing act has been established, the infringing act shall be ordered to be immediately stopped, and the infringing goods and tools used solely for manufacturing the infringing goods and counterfeiting the registered trademark sign shall be confiscated and destroyed. However, they may also be subject to a fine. If a party is dissatisfied with the processing decision, he or she may file a lawsuit with the people's court under the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receiving the processing notice. If the infringer fails to file a lawsuit or implement the decision by the expiration of the deadline, the administrative department for industry and commerce may apply to the people's court for compulsory execution. At the request of a party, the negotiation administrative department, which handles the process, can mediate on the amount of damages related to trademark infringement. If the mediation is unsuccessful, the parties may file a lawsuit in the people's court in accordance with the Civil Procedure Law of the People's Republic of China.(* 15)

6 Industry and commerce administrative department for infringement of trade secrets(* 16)positioning

A: When a right holder claims that a trade secret has been infringed, the right holder must provide evidence of the existence of the trade secret and its infringing act and submit a report to the administrative department for industry and commerce.
(1) Obtaining the trade secrets of the right holder by theft, inducement by profit, intimidation, or other illegal means.
(2) Leaking, using, or permitting another person to use the trade secrets of the right holder acquired by the means set forth in the preceding item.
(3) In violation of a contract or in violation of a right holder's request for trade secret confidentiality, leaking, using, or permitting another person to use a trade secret in its possession.
(4) If a third party who clearly knew or should have known about the illegal acts listed in each item of the preceding paragraph obtains, uses, or leaks another person's trade secret, that trade secret is violated. considered as having been done.(* 17)
(5) An employee of the right holder shall leak, use, or have a trade secret in his or her possession be used by another person, in violation of the provisions of the contract or in violation of the right holder's request for trade secret confidentiality. be permitted to do so.(* 18)

B. Authority and processing results of the administrative department for industry and commerce
   In the event of any of the above violations, the industry and commerce administrative agency may crack down on the illegal acts pursuant to Article 25 of the Unfair Competition Prevention Act. Depending on the circumstances, a fine of not less than RMB 10,000 and not more than RMB 200,000 may be imposed.
   When administering punishment pursuant to the above provisions, the administrative organ for industry and commerce may take the following actions with respect to infringing goods:
(1) Order the infringer to return trade secret drawings, software and other related materials to the right holder;
(2) supervise the destruction of products manufactured by the infringer using the right holder's trade secrets, whose distribution on the market would result in the disclosure of the trade secrets;
(3) If the infringer does not enforce the punishment decision and continues to infringe on trade secrets, it will be considered a new illegal act and will be punished more severely.(* 19)

※ 1
"Trademark Management Measures"

 Article 7 When a trademark printing unit undertakes trademark printing work, it shall inspect the relevant certification documents and trademark samples provided by the person requesting trademark printing.
If the trademark printing entrustor does not provide the trademark printing unit with the certification documents stipulated in Articles 3 and 4 of these Measures, or the trademark sign requested by the trademark printing entity does not comply with Articles 5 and 6 of these Measures. A trademark printing unit shall not undertake this printing if it does not meet the provisions of Article 1.
Article 8 When a trademark printing unit receives trademark business that meets the provisions of these Measures, the trademark printing business manager must enter the request in the "Trademark Printing Business Registration Form", and the trademark printing Specify the main contents of the certification documents provided by the entrustor. The trademark samples in the "Trademark Printing Business Registration Form" must be stamped by a trademark printing manager.
When the printing of the trademark sign is completed, the trademark printing unit must receive the trademark sample within 15 days, as well as a copy of the "Trademark Printing Business Registration Form" and "Trademark Registration Certificate", as well as the trademark license agreement. A copy of the trademark printing authorization letter, etc. must be kept.
Article 9 A trademark printing unit shall establish a file storage system for trademark signs. When a trademark sign is kept on file, it must be recorded in the ledger. Defective signs must be disposed of and not released outside.
Article 10 The "Trademark Stamp Business Registration Form" and the bookkeeping file of trademark signs shall be kept for two years for inspection.
Article 11 If a trademark printing unit violates the provisions of Articles 7, 8, 9 and 10 of these Measures, the local industry and commerce administration shall order it to make corrections. If the situation is serious, the offender shall be sentenced to a fine of not more than three times the amount of the illegal gain with a warning. However, the maximum fine shall not exceed RMB 30,000, and if the person has no illegal income, he shall be subject to a fine of not more than RMB 10,000.
Article 12 If a trademark printing enterprise is established without permission or if it engages in trademark printing business activities without permission, the administrative bureau for industry and commerce of the place where the business is located or acts shall handle the matter in accordance with the relevant provisions of the Trademark Law.
Article 13 If a trademark printing unit violates the provisions of Article 7 and undertakes printing work, and the trademark it prints is the same as or similar to another person's registered trademark, it shall be subject to Article 50 of the Trademark Law Implementation Ordinance. This constitutes trademark infringement under Article 2, Paragraph 2. The administrative bureau for industry and commerce at the location or place of action shall handle the matter in accordance with the relevant provisions of the Trademark Law.

※ 2
Trademark Law of the People's Republic of China, Article 28 The Trademark Review and Adjudication Committee shall accept trademark appeal requests submitted pursuant to the provisions of Article 32, Article 33, Article 41, and Article 49 of the Trademark Law. The Trademark Review and Adjudication Board shall conduct trials based on the facts and in accordance with the law.

※ 3
A "province" is a first-class administrative region in China, equivalent to a "prefecture" in Japan. Hebei province, Shanxi province, Liaoning province, Jilin province, Heilongjiang province, Jiangsu province, Zhejiang province, Anhui province, Fujian province, Jiangxi province, Shandong province, Henan province, Hubei province, Hunan province, Guangdong province, Hainan province, Sichuan province There are 23 provinces in total: China, Guizhou, Yunnan, Shaanxi, Gansu, Qinghai, and Taiwan.

※ 4
An ``autonomous region'' is a local ethnic autonomous area for China's ethnic minorities, and like a ``province,'' it is a first-level administrative region. There are five autonomous regions in total: Tibet Autonomous Region, Ningxia Hui Autonomous Region, Xinjiang Weigo Autonomous Region, Guangxi Zhuang Autonomous Region, and Inner Mongolia Autonomous Region.

※ 5
A ``city under the direct control of the government'', like a ``province'' or an ``autonomous region,'' is a first-level administrative region and is a city that directly belongs to the Central People's Government of China. There are a total of four municipalities under direct control: Beijing, Shanghai, Tianjin, and Chongqing.

※ 6
A "business unit" is a social service organization related to education, science and technology, culture, and hygiene created by a state agency or other organization using state-owned assets for the purpose of social public interest, and is a kind of affiliated organization. It is.

※ 7
・Acts that misrepresent other people's registered trademarks, acts that cause people to misidentify products as other people's well-known products without proper authority, acts that cause people to misidentify people's names as other people's corporate names or natural persons' names without proper authority, and acts that falsely indicate quality or country of origin are prohibited. (Article 5 of the Unfair Competition Prevention Act)
・Do not use your monopoly position to restrict others from doing business with designated business partners (Article 6)
・Prohibition of abuse of administrative authority (Article 7)
・Prohibition of bribery by business operators (Article 8)
・Prohibition of false and exaggerated advertising of products (Article 9)
・Protection of trade secrets (Article 10)
・Prohibition of unfair price competition (Article 11)
・Prohibition of cross-selling activities, etc. (Article 12)
・Prohibition of sales with unfair premiums (Article 13)
・Prohibition of slandering the business reputation of competitors (Article 14)
・Prohibition of bid rigging (Article 15)

※ 8
Article 7 of the Trademark Law of the People's Republic of China A person who uses a trademark shall be responsible for the quality of the goods for which the trademark is used. The administrative departments for industry and commerce at all levels shall prohibit acts that deceive consumers through trademark management.

 

※ 9
Article 51 of the Implementation Regulations of the Trademark Law of the People's Republic of China: Any person may file a complaint or report to the Ministry of Industry and Commerce Administration for acts of infringement of trademark rights.

※ 10
Article 53 of the Trademark Law of the People's Republic of China If a dispute arises due to an act of infringement of trademark rights as stipulated in Article 52 (Infringement of Rights) of this Law, it shall be resolved through consultation between the parties. If negotiations are unsuccessful or impossible, the trademark right owner or any interested person may file a lawsuit with the people's court, or request the administrative department for industry and commerce to handle the matter.
 If the administrative department for industry and commerce determines that an infringing act has been established, the infringing act shall be ordered to be immediately stopped, and the infringing goods and tools used solely for manufacturing the infringing goods and counterfeiting the registered trademark sign shall be confiscated and destroyed. However, they may also be subject to a fine. If a party is dissatisfied with the processing decision, he or she may file a lawsuit with the people's court under the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receiving the processing notice.
 If the infringer fails to file a lawsuit or implement the decision by the expiration of the deadline, the administrative department for industry and commerce may apply to the people's court for compulsory execution. At the request of a party, the negotiation administrative department, which handles the process, can mediate on the amount of damages related to trademark infringement. If the mediation is unsuccessful, the parties may file a lawsuit in the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

※ 11
"Unfair Competition Prevention Act" Article 21, Paragraph 2: A business operator uses a name, packaging, or surface decoration that is unique to a well-known product, or uses a name, packaging, or surface decoration that is similar to that of a well-known product without proper authority. If the product is used to cause confusion with another person's well-known product and mislead consumers into thinking that it is the product in question, the supervisory inspection agency shall order an injunction to stop the illegal act and confiscate the illegal income. However, depending on the circumstances, the offender may be sentenced to a fine of at least the same amount and not more than three times the amount of the illegal gain. If the circumstances are serious, the business license may be revoked. If selling counterfeit and inferior products constitutes a crime, criminal liability will be investigated according to law.

※ 12
Article 50 of the Implementation Regulations of the Trademark Law of the People's Republic of China If one of the following acts falls under, it falls under the infringement of trademark rights as referred to in Article 52, Paragraph (5) of the Trademark Law. (1) If a mark that is the same as or similar to another person's registered trademark is used as a product name or surface decoration on the same or similar product, and it causes misunderstanding to the public (2) Infringes the trademark rights of another person Intentionally providing convenience such as warehousing, transportation, mailing, concealment, etc. for the purpose of doing so.

※ 13
Article 54 of the Trademark Law of the People's Republic of China: The administrative department for industry and commerce shall have the authority to investigate and take action against infringements of trademark rights according to law. If a crime is suspected, it shall be immediately transferred to judicial authorities and dealt with according to law.

※ 14
Article 55 of the Trademark Law of the People's Republic of China: The industrial and commercial administrative department at or above the county level shall investigate acts of infringement on the trademark rights of others suspected of infringing based on evidence or reports of suspected illegality already obtained. In doing so, this department may exercise the following powers:
(1) Questioning the parties involved and investigating the circumstances related to infringement of another's trademark rights;
(2) Investigating, inspecting, and copying contracts, slips, ledgers, and other related materials related to the parties and the infringing activities;
(3) Conducting on-site inspections of locations where the parties are suspected of engaging in acts that infringe on the trademark rights of others;
(4) Goods related to infringing activities may be inspected, and goods that serve as evidence of infringing another person's trademark rights may be sealed or seized.
When the administrative department for industry and commerce exercises the powers prescribed in the preceding paragraph by law, the parties concerned shall cooperate and not refuse or obstruct.

 

※ 15
Article 53 of the Trademark Law of the People's Republic of China If a dispute arises due to an act of infringement of trademark rights as stipulated in Article 52 (Infringement of Rights) of this Law, it shall be resolved through consultation between the parties. If negotiations are unsuccessful or impossible, the trademark right owner or any interested person may file a lawsuit with the people's court, or request the administrative department for industry and commerce to handle the matter.
 If the administrative department for industry and commerce determines that an infringing act has been established, the infringing act shall be ordered to be immediately stopped, and the infringing goods and tools used solely for manufacturing the infringing goods and counterfeiting the registered trademark sign shall be confiscated and destroyed. However, they may also be subject to a fine. If a party is dissatisfied with the processing decision, he or she may file a lawsuit with the people's court under the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receiving the processing notice.
 If the infringer fails to file a lawsuit or implement the decision by the expiration of the deadline, the administrative department for industry and commerce may apply to the people's court for compulsory execution. At the request of a party, the negotiation administrative department, which handles the process, can mediate on the amount of damages related to trademark infringement. If the mediation is unsuccessful, the parties may file a lawsuit in the people's court in accordance with the Civil Procedure Law of the People's Republic of China.

※ 16
Article 3 of the Unfair Competition Prevention Law: People's governments at all levels shall take measures to prohibit acts of unfair competition, thereby creating a favorable environment and conditions for fair competition.
 The industrial and commercial administrative organs of the people's governments at and above the county level shall supervise and inspect acts of unfair competition. When other agencies conduct supervision and inspection pursuant to the provisions of laws or administrative regulations, such provisions shall apply.

※ 17
Unfair Competition Prevention Act Article 10: The following acts shall not be committed to infringe on trade secrets:
(1) Obtaining the trade secrets of the right holder by theft, inducement by profit, intimidation, or other illegal means.
(2) Leaking, using, or permitting another person to use the trade secrets of the right holder acquired by the means set forth in the preceding item.
(3) In violation of a contract or in violation of a right holder's request for confidentiality of trade secrets, leaking, using, or authorizing another person to use trade secrets in its possession.
If a third party who clearly knew or should have known about the illegal acts listed in each item of the preceding paragraph obtains, uses, or leaks another person's trade secrets, that trade secret is infringed. I reckon.
Trade secrets as referred to in this article are technical or commercial information that is not publicly known, can bring economic benefits to the right holder, has practical utility, and for which the right holder has taken confidentiality measures. say.

※ 18
“Some Provisions Prohibiting Infringement of Trade Secrets” Article 3 It is prohibited to infringe on the following trade secrets.
(1) Obtaining the trade secrets of the right holder by theft, inducement by profit, intimidation, or other illegal means.
(2) Leaking, using, or permitting another person to use the trade secrets of the right holder acquired by the means set forth in the preceding item.
(3) Units and individuals that have transactions with the right holder shall violate the contract or violate the right holder's request for confidentiality of trade secrets, leak, use, or disclose to others the trade secrets in their possession. Permit use.
(4) An employee of the right holder shall leak, use, or have a trade secret in his or her possession be used by another person, in violation of the provisions of the contract or in violation of the right holder's requirements to maintain trade secrets. be permitted to do so. If a third party who clearly knew or should have known about the illegal acts listed in each item of the preceding paragraph obtains, uses, or leaks another person's trade secrets, that trade secret is infringed. I reckon.

※ 19
"Some Provisions Prohibiting Acts of Infringement of Trade Secrets" Article 7 If Article XNUMX of this provision is violated, the industry and commerce administration shall crack down on the illegal act in accordance with the provisions of Article XNUMX of the Unfair Competition Prevention Act. Can be done. Depending on the circumstances, a fine of not less than RMB XNUMX and not more than RMB XNUMX may be imposed.
 When administering punishment pursuant to the above provisions, the administrative organ for industry and commerce may take the following actions with respect to infringing goods:
(1) Order the infringer to return trade secret drawings, software and other related materials to the right holder;
(2) Supervise the destruction of products manufactured by the infringer using the right holder's trade secrets, whose distribution in the market would result in the disclosure of the trade secrets;
Article 8 If the infringer does not enforce the punishment decision and continues to infringe on trade secrets, it will be considered a new illegal act and will be punished more severely.

 

China State Intellectual Property Administration

1. National Intellectual Property Office

The predecessor of the State Intellectual Property Office was the Patent Office of the People's Republic of China. It was established in 1980 by the State Council (equivalent to Japan's Cabinet). In 1998, the name was changed to the "State Intellectual Property Administration of China" due to the organizational reform of the State Council. Patents throughout China(* 1)It is an organization under the direct control of the State Council that is in charge of operations and carries out unified coordination regarding foreign-related intellectual property. The State Intellectual Property Administration of China is composed of the following organizations:

Organizational diagram

State Intellectual Property Administration of the People's Republic of China

1. Internal functional departments
As shown in the organizational chart below, each internal functional department consists of the secretariat, personnel department, law department, international cooperation department, cooperative management department, planning and development department, retired executive department, and inspection office.

State Intellectual Property Administration of the People's Republic of China - Internal Writing Functional Department

① Responsible for amending the Patent Act and Implementing Regulations.
② Research and draft related intellectual property laws and regulations.
③ Responsible for interpreting the Patent Act Implementation Regulations and related laws and regulations.
④ Propose the establishment and amendment of laws and regulations related to intellectual property rights.
⑤ Draft China's claims under treaties and other international agreements regarding intellectual property rights and submit them to the Intellectual Property Office.
⑥ Coordinate operations among administrative agencies necessary to enforce laws and regulations related to intellectual property rights.
⑦ Establish standards for checking patent rights and determining infringement, and designate a management mechanism.
⑧ Establish patent examination guidelines and related patent business regulations.
⑨ Examine patent agency and designate a foreign patent agency(* 2).
⑩ Responsible for the patent attorney examination and qualification certification.
⑪ Administrative complaint rules will be established.
⑫ Other work entrusted by the China Intellectual Property Office

International Cooperation Department
① Responsible for unified coordination of international intellectual property
② Responsible for negotiating and signing bilateral and multilateral intellectual property agreements and agreements, as well as developing domestic laws.
③ Responsible for liaison with the World Intellectual Property Organization and other international intellectual property organizations.
④ Responsible for international cooperation and exchange in patent business
⑤ Responsible for international cooperation and coordination of intellectual property rights
⑥ Responsible for intellectual property matters in Hong Kong, Macau, and Taiwan
⑦ Participate in activities to introduce human resources from overseas conducted by the Intellectual Property Office
⑧ Other tasks assigned by the Intellectual Property Office

Cooperative management officer
① Research and formulate policies, methods, measures, and regulations for China's patent and related intellectual property management operations.
② Provide guidance to local patent management organizations regarding the handling of patent dispute cases and enforcement of patent infringement.
③ Establish norms for the patent secondary market and related policies and measures for the implementation of patented technology.
④ Coordinate domestic administrative enforcement systems and management when conducting bilateral and multilateral consultations on intellectual property rights.
⑤ Supervise and manage the patent asset valuation mechanism and service mechanism.
⑥ Provide opinions on requests for arbitration regarding the granting of compulsory licenses and their consideration.
⑦ Responsible for registering patent contracts.
⑧ Select outstanding Chinese patents based on patent holders' applications, and work with the human resources department to select and award advanced units and individuals in the patent field nationwide.
⑨ Conduct patent strategy research.
⑩ Other matters given by the Intellectual Property Office.

Planning and Development Officer
Retired Executive Division
Office of Inspector General

2. National Intellectual Property Administration Patent Bureau

Organizational structure

National Intellectual Property Administration Patent Bureau

Initial Trial and Proceedings Management Department
① Responsible for receiving patent applications
② Receive intermediate documents for patent applications and various other application forms
③ Responsible for formal examination of invention patents
④ Responsible for managing patent document storage, etc.
⑤ Issue a patent certificate
⑥ Edit and publish patent gazettes and specifications
⑦ Responsible for and managing the receipt of patent fees.
⑧ Research the classification of inventions and devices related to applications

Utility Model Examination Department
The Utility Model Examination Department is a functional department of the State Intellectual Property Rights and Patent Office, and is responsible for the initial examination (formal examination) of utility model applications.

Design Examination Department
1Classification, examination and granting of rights to design applications
2Management of procedures before and after design registration
3Management of design applications and preserved documents
4Design application and collection and receipt of various fees
5 Responsible for changing registered items such as design right holder, applicant, designer, agency organization, etc.
6 Responsible for design research and academic activities
7 Responsible for design deliberation
8 Design applications and related inquiries and reception
9 Responsible for certification of designs, etc.
10 Other matters given to the Intellectual Property Office

3. Patent Opposition Board

Patent Opposition Board

 The Patent Opposition Committee of the State Intellectual Property Administration was established in November 1984 and was then called the Patent Opposition Committee of the China Patent Office, and was an internal mechanism of the China Patent Office. Subsequently, the Patent Opposition Committee changed its name twice in accordance with the 11 State Council organizational reform and the 1998 amendments to the Patent Law of the People's Republic of China. Namely, in 2001 it was changed to the Patent Opposition Committee of the Patent Office of the State Intellectual Property Administration, and in 1998 it was changed to the Patent Opposition Committee of the State Intellectual Property Administration. At the end of 2001, the Patent Opposition Board became an independent administrative body and an administrative unit reporting directly to the State Intellectual Property Office.

Main responsibilities
1. Examining appeals from the National Intellectual Property Office against rejection of patents and mask works
② Hearing patent invalidation claims and mask work rights cancellation cases
③ Responsible for litigation response work when the Patent Opposition Board becomes the defendant in an administrative lawsuit.
④ Research on patents, confirmation of mask work rights, and technical appraisal in the event of infringement
⑤ Upon request from the people's court and the department that manages patents, issue opinions regarding the confirmation of ownership of patent rights and the handling of patent infringement cases.

2. Affiliated business unit(* 3)

Institutional Service Center / Intellectual Property Rights Publisher / China Intellectual Property Newspaper Company / China Patent Information Center / China Intellectual Property Rights Education Center / Intellectual Property Rights Development Research Center / Patent Search Consultation Center / Patent Examination Cooperation Center

3. Positioning of the Intellectual Property Bureau regarding infringement of intellectual property rights
1. Jurisdiction of the Intellectual Property Office(* 4)

National Intellectual Property Office

Intellectual Property Bureau of provinces, autonomous regions, and municipalities directly under the Central Government

Has a lot of patent management work and has actual processing capabilities (with a certain ward)
City level intellectual property bureau(* 5)

 

If a party requests patent dispute processing or mediation, the patent affairs management department of the location of the requested party or the place of the infringement shall have jurisdiction.
In the case of a patent dispute over which two or more patent affairs administrative departments have jurisdiction, the parties may make a request to one of them. If a party makes a request to two or more patent affairs management departments that have jurisdiction, the patent affairs management department that first received the request shall have jurisdiction.
If a dispute arises regarding jurisdiction between patent affairs administrative departments, the patent affairs administrative department of the people's government at the higher level common to them shall designate the jurisdiction. If there is no common patent affairs administration department of the people's government at the higher level, the patent administration department of the State Council shall designate jurisdiction.

2. In the case of patent infringement
A. Mode of patent infringement illegal act
1 Manufacture, use, offer for sale, sell, or import the patented invention for the purpose of production and management without obtaining permission from the patentee, etc., or use the patented method, or produce products directly obtained by the patented method. Use, offer for sale, sell, or import(* 6).
2 Displaying another person's patent number on a product manufactured or sold without permission or on the packaging of a product
3 Advertising without permission(* 7)or use another person's patent number in other promotional materials, causing the related technology to be mistaken as another person's patented technology.
4Contract without permission(* 8)Using someone else's patent number to mislead people into thinking that the technology related to the contract is someone else's patented technology.
5 Forging or altering another person's patent certificate, patent documents, or patent application documents.(* 9)

B Processing results
If you make a false statement about another person's patent, you will not only be subject to civil liability according to the law, but the patent business management department will also order you to correct it, make a public announcement, confiscate your illegal income, and impose a fine of not more than three times the amount of your illegal income. I can do it. If there is no illegal income, the person can be fined up to 50,000 RMB (equivalent to approximately 750,000 Japanese yen).(* 10)
① If the infringer is manufacturing a patented product, the infringer must immediately stop manufacturing activities, dispose of specialized equipment and molds used to manufacture the infringing product, and sell the unsold infringing product. order to prohibit the use or distribution in any other manner. If the infringing product is difficult to preserve, the infringer will be ordered to destroy the product.
1. If an infringer is using a patented method, immediately stop the infringer from using the patented method.
order to dispose of specialized equipment and molds for implementing the patented process, and to prohibit the sale, use, or other distribution of unsold products obtained directly by the patented process. If the infringing product is difficult to preserve, the infringer will be ordered to destroy the product.
2. If the infringer sells a patented product or a product directly obtained by a patented method, the infringer must immediately stop selling to the infringer, and use the unsold infringing product or use other methods. order to prohibit its distribution. If an infringing product that has not yet been sold is difficult to preserve, the infringer will be ordered to destroy the product.
3. If the infringer is offering to sell a patented product or a product directly obtained by a patented method, the infringer must immediately stop the offer to sell, remove the influence, and refrain from any sales activities. I order you not to do this.
4. If the infringer is importing a patented product or a product directly obtained by a patented method, the infringer shall be ordered to immediately stop importing. If the infringing product has already been imported, order the infringing product to be prohibited from being sold, used or distributed in any other way. If the infringing product is difficult to preserve, the infringer will be ordered to destroy the product. If the infringing product has not yet been imported, the processing decision may be notified to the relevant customs authorities.
5 Necessary measures to stop other rights infringement acts(* 11)

3 If there is an illegal act of patent misrepresentation
A. Mode of patent misrepresentation
1 Act of manufacturing or selling non-patented products with patent markings
2Continuing to mark patent marks on products manufactured or sold after a patent right has been invalidated
3 Acts of misrepresenting non-patented technology as patented technology in advertisements or other promotional materials
4 Acts of misrepresenting non-patented technology as patented technology in a contract
5 Acts of forging or altering patent certificates, patent documents, or patent application documents

B Processing
If a non-patented product is passed off as a patented product or a non-patented process is passed off as a patented process, the patent affairs management department may order correction, make a public announcement, and impose a fine of not more than RMB 50,000.(* 12)
① If a non-patented product is manufactured or sold with a patent marking, the offender shall be ordered to immediately delete the patent marking and patent number. If the patent marking and patent number are difficult to separate from the product, the offender will be ordered to discard the product.
② If an advertisement or other promotional material misrepresents a non-patented product as a patented product, the perpetrator must be immediately ordered to stop distributing the advertisement or other promotional material, remove the influence, and continue distributing it. order to provide any promotional materials that have not been submitted.
③ If a non-patented product is misrepresented as a patented product in a contract, the offender shall be ordered to immediately notify the other party to the contract and correct the relevant matters in the contract.
④ If you are forging or altering another person's patent certificate, patent documents, or patent application documents, or if you are forging or altering a patent certificate, patent documents, or patent application documents, immediately notify the perpetrator. Order them to stop the above-mentioned acts and hand over any forged or altered patent certificates, patent documents or patent application documents.
⑤ Other necessary measures(* 13)

 

※ 1
China's patent law stipulates not only patents in Japan, but also utility models and designs. Hereinafter, unless otherwise specified, the term "patent" shall include utility models and designs.

※ 2
According to the provisions of Articles 19 and 20 of the Chinese Patent Law, when a foreign person, foreign enterprise or other organization that does not have a permanent residence or business office in China applies for a patent or conducts other patent affairs in China, and a Chinese unit or If an individual applies for a patent abroad for an invention completed within the country, the application shall be entrusted to a patent agency designated by the patent administration department of the State Council.
However, in the draft of the revised Patent Law proposed in 2007, this provision was deleted (the new Patent Law is expected to be approved in 2008).

※ 3
A "business unit" is a social service organization related to education, science and technology, culture, and hygiene created by a state agency or other organization using state-owned assets for the purpose of social public interest, and is a kind of affiliated organization. be.

※ 4
Article 81 of the Patent Law of the People's Republic of China If a party requests the handling or mediation of a patent dispute, the patent affairs management department of the location of the requested party or the place of the infringement shall have jurisdiction.
In the case of a patent dispute over which two or more patent affairs management departments have jurisdiction, the parties may make a request to one of them. If a party makes a request to two or more patent affairs management departments having jurisdiction, the patent affairs management department that first received the request shall have jurisdiction.
In the event of a dispute regarding jurisdiction between patent affairs administrative departments, the patent affairs administrative department of the people's government at the common level shall designate the jurisdiction. If there is no common patent affairs administration department of the people's government at the higher level, the patent administration department of the State Council shall designate jurisdiction.

※ 5
Article 78 of the Implementation Regulations of the Patent Law of the People's Republic of China: In the Patent Law and these regulations, the "department managing patent business" refers to the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, and districts with a large amount of patent business and actual processing capacity. It is a department established by a city-level people's government to manage patent affairs.
(According to data posted on the website of the China Intellectual Property Administration as of October 19, 2007, as of the end of 2006, there were 90 departments managing such patent work.)
Article 80 The patent administration department of the State Council shall provide operational guidance to departments managing patents in the handling and mediation of patent disputes.

※ 6
Patent Law of the People's Republic of China Article 11 After patent rights and utility model rights are granted, unless otherwise provided in this Law, no institution, organization, or individual may use them without the permission of the patentee, etc. The patent shall not be practiced. In other words, manufacturing, using, offering to sell, selling, or importing the patented invention for production and management purposes, or using the patented method, and using, offering to sell, selling, or importing products directly obtained by the patented method. should not be done.
After a design right has been granted, no institution, organization, or individual may exploit the design without the consent of the design right holder. In other words, products related to registered designs may not be manufactured, sold, or imported for the purpose of production and management.
Article 57 If a dispute arises due to the exploitation of a patent without the permission of the patentee, that is, infringement of patent rights, it shall be resolved through consultation between the parties. If the rights holder or interested party does not wish to negotiate or is unable to reach an agreement, the right holder or interested party may file a lawsuit in court or request the patent affairs management department to take action. If the patent business management department determines that an act of infringement has been established as a result of processing, it can immediately order the infringer to stop the act of infringement.
If a party is dissatisfied with the processing by the patent affairs management department, he or she may file a lawsuit in court based on the Administrative Litigation Law of the People's Republic of China within 15 days from the date of receipt of the processing notice. If the infringer does not file a lawsuit or stop the infringing act within the time limit, the patent affairs management department may apply to the court for compulsory execution.
The Patent Affairs Management Department may, at the request of a party, conduct mediation regarding the amount of compensation for patent infringement. If mediation is not successful, the parties may file a lawsuit in court pursuant to the Civil Procedure Law of the People's Republic of China.
Article 58 If you misrepresent another person's patent, you will be subject to civil liability according to law, and the patent business management department will order you to correct it, make a public announcement, confiscate your illegal income, and impose a fine of up to three times the amount of your illegal income. can be treated. If there is no illegal income, a fine of not more than RMB 50,000 can be imposed. If it constitutes a crime, criminal liability will be pursued according to law.

※ 7
"Interim Administrative Measures on Issuance of Patent Advertisements" Article 3 The China Patent Office shall examine advertisements related to patented products and patented methods.
Article 5 Regarding advertisements related to patented products, patented methods, and patented activities, the content of advertisements shall be examined by the China Patent Office and the patent administration authorities of each province, autonomous region, or municipality directly under the Central Government.
① The content of advertisements published on national television stations, movies, broadcasts, newspapers, magazines, etc. shall be examined by the China Patent Office.
② For advertisements published on television, movies, broadcasts, newspapers, magazines, etc. belonging to a province, autonomous region, or municipality directly under the central government, the content thereof shall be examined by the patent management department within the administrative region.
Article 6 When an advertiser submits an application for examination to the China Patent Bureau or the patent administration agency of a province, autonomous region, or municipality directly under the Central Government, the advertiser shall comply with the law certifying that the patent certificate and patent right of the patented product or patented method related to the advertisement are valid. Documents must be submitted.
When a licensee applies for examination for advertising a licensed patented product or patented method, it shall submit a copy of the license agreement and a certificate of registration of the agreement.
When publishing patent advertisements, the operating unit shall submit an application for examination to the Patent Office of China or the patent administration authority of each province, autonomous region or municipality directly under the Central Government, and submit permission documents from the competent authority. Don't do it.
Article 10 If there is an act of misrepresenting a product with patented technology in an advertisement, an act of advertising a patented technology that has not yet been approved as patented in an advertisement, or an act of deceiving others, the advertiser shall be subject to civil liability under the Advertising Law. Take responsible. An advertising business operator and an advertising publisher shall be jointly and severally liable if they devised, created, or published an advertisement even though they knew or should have known that the advertisement was false.
Article 11 When responsible personnel of the China Patent Office and the patent administration agencies of each province, autonomous region, or municipality directly under the Central Government overlook patent misrepresentation or If a person authorizes advertising in violation of the Advertising Law, the responsible person will be disciplined by the unit to which the person belongs, a higher authority, or the administrative inspection department.

※ 8
Under Chinese contract law, unlike Japan, where a consent contract alone is sufficient for patent rights assignments and license agreements, contracts are required to be formalized and registration is required for them to take effect, so a written contract must be submitted. must be created. Even if the contract is with your company's local subsidiary, you need to be careful as formality and registration are required.
Article 342 of the Contract Law of the People's Republic of China Technology transfer contracts include transfer of patent rights, transfer of patent application rights, transfer of technology secrets, and license agreements.
Technology transfer agreements must be in written form.

※ 9
Article 84 of the Implementing Regulations of the Patent Law of the People's Republic of China: The following acts constitute false representation of another's patent:
(1) The act of displaying another person's patent number on a product manufactured or sold without permission or on the packaging of a product
(2) Acts of using another person's patent number in advertisements or other promotional materials without permission, causing the related technology to be mistaken as the other person's patented technology.
(3) Acts of using another person's patent number in a contract without obtaining permission, causing the technology related to the contract to be mistaken as the patented technology of another person.
(4) Acts of forging or altering another person's patent certificate, patent documents, or patent application documents.

※ 10
Article 58 of the Patent Law of the People's Republic of China If you misrepresent another person's patent, you will be subject to civil liability according to the law, and the patent business management department will order corrections, make public announcements, confiscate illegal income, and confiscate illegal income. They can be fined less than twice as much. If there is no illegal income, a fine of not more than RMB 50,000 can be imposed.
Article 60 The amount of compensation for patent infringement shall be determined based on the damage suffered by the patentee due to the infringement or the profits gained by the infringer from the infringement. If it is difficult to determine the damages to the infringer or the profits gained by the infringer, they shall be reasonably determined by reference to the multiple of the licensed amount of the patent.

※ 11
"Patent Administrative Enforcement Measures" Article 33 If the patent management department deems that an infringement has been established as a result of processing the patent infringement act, the following measures will be adopted and the infringer will be ordered to immediately stop the infringing act. You can order it.
① If the infringer is manufacturing a patented product, the infringer is required to immediately stop manufacturing activities, dispose of the specialized equipment and molds used to manufacture the infringing product, and sell the infringing product that has not yet been sold. order to prohibit its use or other distribution. If the infringing product is difficult to preserve, the infringer will be ordered to destroy the product.
② If the infringer is using the patented method, the infringer must immediately stop using the patented method, destroy the specialized equipment and molds used to implement the patented method, and request that the infringer directly acquire the patented method. order to prohibit the sale, use or other distribution of unsold products. If the infringing product is difficult to preserve, the infringer will be ordered to destroy the product.
③ If the infringer sells a patented product or a product directly obtained by a patented method, the infringer must immediately stop selling the product and use the unsold infringing product or in any other way. order to prohibit the distribution of If an infringing product that has not yet been sold is difficult to preserve, the infringer will be ordered to destroy the product.
④ If the infringer offers to sell the patented product or the product directly obtained by the patented method, the infringer must immediately stop the act of offering to sell, remove the influence, and refrain from any sales activities. I order you not to do this.
(5) If the infringer is importing a patented product or a product directly obtained by a patented method, the infringer shall be ordered to immediately stop importing. If the infringing product has already been imported, order the infringing product to be prohibited from being sold, used or distributed in any other way. If the infringing product is difficult to preserve, the infringer will be ordered to destroy the product. If the infringing product has not yet been imported, the processing decision may be notified to the relevant customs authorities.
⑥ Necessary measures to stop other rights-infringing acts

※ 12
Article 58 of the "Patent Law of the People's Republic of China" In addition to bearing civil liability according to the law if someone misrepresents another person's patent, the department in charge of patent business will order corrections and confiscate illegal income, which shall not exceed three times the illegal income. shall be subject to a fine. If there is no illegal income, a fine of not more than RMB 50,000 may be imposed. If it constitutes a crime, criminal liability can be pursued according to the law.

※ 13
Article 36 of the Patent Administrative Enforcement Measures: If the department in charge of patent operations deceives someone else's patent and finds that the person is misrepresenting the patent, it must order the perpetrator to take the following corrective measures.
① If a non-patented product bearing a patent mark is manufactured or sold, the offender shall be ordered to immediately delete the patent mark and patent number. If the patent mark and patent number cannot be separated from the product, the offender shall be ordered to discard the product.
② If a non-patented product is misrepresented as a patented product in an advertisement or other promotional material, the offender must immediately stop distributing the advertisement or other promotional material, remove the influence, and have not yet distributed it. Order the provision of promotional materials.
③ If a non-patented product is misrepresented as a patented product in a contract, the perpetrator shall immediately notify the other party to the contract and order them to correct the relevant matters in the contract.
④ If someone forges or alters another person's patent certificate, patent document, or patent application document, or forges or alters a patent certificate, patent document, or patent application document, the perpetrator shall be immediately punished for the above acts. order to cease and desist and to hand over any forged or altered patent certificates, patent documents or patent application documents.
⑤ Other necessary measures

 

National Quality Supervision, Inspection and Quarantine General Administration

The State Administration of Quality Supervision, Inspection and Quarantine is an organization under the direct control of the State Council that was formed in 2001 through the merger of the State Quality and Technology Supervision Administration and the State Entry-Exit Inspection and Quarantine Administration of the People's Republic of China. It is in charge of operations such as measurement, entry/exit sanitary quarantine, entry/exit animal and plant quarantine, import/export food safety, certification, approval, and standardization, and is in charge of administrative execution.

1 Internal organization of the National Quality Supervision, Inspection and Quarantine General Administration

Quality control manager
① Implementation of national quality promotion policies and measures
② Guidance from a national perspective on quality control operations nationwide
③ Implementation of the national quality incentive system and promotion of each corporate entity's brand strategy
④ Organizing advanced quality control methods and scientific management methods
⑤ Establishment of equipment quality supervision system for important projects
⑥ Conducting investigations into serious product quality incidents and submitting opinions
⑦ Supervision and management of product counterfeit prevention

Metrology officer
① Implementation of metrology laws and regulations and dissemination of legal metrology units
② Management and supervision of national measurement standards, measurement standards, and measurement substances
③ Establishment of national metrology certification system table, certification regulations, and metrology technical standards
④ By law, supervision and management of measuring instruments nationwide
⑤ Guidance and management of market measurement activities and implementation of measurement arbitration certification
⑥ Guidance and management of the Society's Fair Measurement Service Organization
⑦ Contracting out specific tasks for international metrology organizations

Customs Clearance Department
① Research, preparation, and implementation of general immigration inspection/quarantine services, regulations regarding visas and markings, etc.
② Management of inspection and quarantine operations for entry and exit at ports
③ Compilation of entry/exit inspection/quarantine catalog and type list
④ Management of product origin certificates and general origin visa operations
⑤ Management of immigration inspection/quarantine accounting and related business statistics
⑥ Computerization of inspection and quarantine operations
⑦ Supervision and management of social service organizations related to inspection, quarantine, and customs clearance operations

Sanitary and Quarantine Inspection Management Department
① Research on sanitary and quarantine inspection and management regulations and plans for entry and exit, research on preliminary plans and technical measures for sudden public health incidents at ports, and their implementation. Establishment and implementation of sanitary quarantine, sanitary standards and technical regulations
② Collecting and reporting information on public health incidents such as foreign and domestic infectious diseases and epidemics. Risk analysis, risk forecasting and treatment of infectious diseases and epidemics in ports.
③ Research and creation of a catalog of infectious diseases to be quarantined and to be observed upon entering and exiting the country
④ Sanitary and quarantine management of immigration personnel, vehicles, cargo, corpses, etc.
⑤ Management of sanitary and quarantine operations for special goods such as microorganisms, human tissues, biological products, blood and processed products related to import and export
⑥ Observation of infectious diseases, health examinations, vaccinations, health consultations and hygiene promotion regarding international travel for immigration and port personnel.
⑦ Supervision of environmental hygiene, food hygiene, garbage and waste hygiene at ports of entry and exit, public facilities, warehouses, vehicles entering and exiting, import and export cargo, etc.
⑧ Observation of entry/exit port areas and transmission vectors of infectious diseases. Research on prevention and countermeasures for foreign and domestic infectious disease vectors, and report on audit status of infectious disease vectors
⑨ Quarantine inspections at ports, sanitary supervision, safety and quality control of sanitary processing, dissemination of new methods and technologies, guidance on the use of biological products and diagnostic agents in health centers and the use of chemicals and machinery in sanitary processing units, and director
⑩ Countermeasures against terrorism such as dangerous organisms, nuclear and radioactive materials at ports.
⑪ International exchange and cooperation related to sanitary quarantine at entry and exit and counter-terrorism measures.

Animal and Plant Quarantine Inspection Management Department
① Research on animal and plant inspection and quarantine regulations for import and export, propose a list of animals and plants prohibited from entering the country, and inspect, quarantine and supervise animals and plants and their processed products entering and exiting the country.
② Collection of information on epidemics of foreign animals and plants, risk analysis, and implementation of emergency prevention.
③ Registration and examination of animal and plant quarantine at entry and exit

Inspection and Supervision Management Department
① Research and establishment of rules, technical measures, etc. regarding inspection and supervision of import and export products
② Examination and approval of exemption of legally required inspection products
③ Inspection of general packaging and packaging of dangerous goods
④ Inspection and quarantine of transportation vehicles and containers
⑤ Examination and supervision of external inspection and quarantine institutions

Special Equipment Safety Inspection Bureau
① Safety inspection and supervision of special equipment such as boilers, pressure vessels, pressure pipes, elevators and cables
② Creation of safety inspection catalogs, safety rules and technical safety standards for special equipment, and implementation of inspections and supervision.
③ Supervision and inspection of the design, manufacture, installation, modification, maintenance, etc. of special equipment
④ Investigation of accidents involving special equipment and implementation of statistical analysis
⑤ Examination of special equipment inspection mechanisms and qualification examination of special workers engaged in special equipment inspection

Product quality inspection supervisory department
① National supervision of product quality and implementation of sampling inspections
② Establishment and implementation of a catalog of national priority supervision products according to laws and regulations
③ Implementation of quality supervision and compulsory inspection of domestic products for companies.
④ Management and cooperation with industry supervision, local supervision, etc. of product quality
⑤ Supervision of product quality inspection mechanism
⑥ Management of production permits for industrial products

Executive Inspection and Supervisory Department
① Controlling acts that violate standardization, measurement, and quality laws or regulations by law.
② Crack down on counterfeits nationwide as authorized by the State Council
③ Management and guidance of the administrative enforcement mechanism for quality and technical supervision and training of personnel

2 Directly controlled business unit(* 1)

3 Engine structure diagram

The Directorate General was established in 2001 through the merger of the National Quality and Technology Supervision Administration and the National Entry-Exit Inspection and Quarantine Administration of the People's Republic of China, but the local organization remains the same.

Quality and Technology Supervision Bureau

Immigration Inspection and Quarantine Bureau

4 Related laws and regulations

"Product Quality Law of the People's Republic of China"
"Measurement Law of the People's Republic of China" "Implementation Regulations of the Measurement Law of the People's Republic of China"
"Inspection method for internationally sailing vessels entering and exiting ports of the People's Republic of China"
"Border Sanitation Inspection Law of the People's Republic of China" "Implementation Regulations of the Border Sanitation Inspection Law of the People's Republic of China"
“Immigration Animal and Plant Inspection Law of the People’s Republic of China” "Food Sanitation Law of the People's Republic of China"
"People's Republic of China Export and Import Commodities Inspection Law" "Implementation Ordinance of the People's Republic of China Export and Import Commodity Inspection Law"
"People's Republic of China Regulations on the Origin of Cargo" “Special Equipment Safety Inspection Ordinance”
"Standardization Law of the People's Republic of China" "Standardization Implementation Regulations of the People's Republic of China"
“People’s Republic of China Certification and Approval Ordinance” "Industrial Product Permit Ordinance"

5 Main responsibilities

①Quality control
- Based on the "Product Quality Law" and its implementation regulations, the National Quality Supervision, Inspection and Quarantine General Administration will implement policies and measures to improve the quality of products, etc. and guide quality control operations nationwide.
・Implement the promotion of the national quality incentive system and "brand strategy."
- Disseminate advanced quality control methods and scientific quality control methods, establish a quality inspection system for important process equipment, and implement a recall system for defective products.(* 2), evaluate the quality level, create a quality credit system for enterprises, conduct qualification examinations for engineers, investigate important product quality incidents, and submit opinions for improvement.
・Supervise and manage the crackdown on counterfeit products.

②Metric management
- Based on the "Measurement Law" and its implementation regulations, the National Quality Supervision, Inspection and Quarantine General Administration inspects, supervises and controls import and export measuring instruments.
・Promote legal measurement units and national measurement systems, and establish, examine, or manage national measurement standards and reference materials.

③Customs management
- The General Administration of Quality Supervision, Inspection and Quarantine has proposed a port to be opened to the outside world, and has established a "catalog of import and export goods subject to inspection and quarantine by entry-exit inspection and quarantine institutions" by law.(* 3)to be enacted.
・Inspection/quarantine customs control for import/export of dangerous cargo, vehicles, and personnel. For cargo imported and exported at ports, a customs clearance management method for inspection and quarantine of cargo is implemented: "inspection first, then customs clearance". In other words, the entry/exit inspection and quarantine agency conducts legal inspection and quarantine on import and export cargo, and issues "import cargo customs clearance forms" and "export cargo customs clearance forms." Based on this, the customs office carries out the actual customs clearance procedures. According to the law, the State Administration of Quality Supervision, Inspection and Quarantine shall manage import and export inspection, quarantine markings and seals.

④ Immigration health and quarantine management
Based on the "Immigration and Exit Animal and Plant Quarantine Law" and its implementation regulations, the National Quality Supervision, Inspection and Quarantine General Administration conducts sanitary quarantine, supervision, processing, and infectious disease inspections on immigration, vehicles, containers, cargo, baggage, special goods, etc. etc.

⑤ Immigration animal and plant quarantine management
 Based on the "Immigration and Exit Animal and Plant Quarantine Management" and its "Implementation Regulations," the State Administration of Quality Supervision, Inspection and Quarantine is responsible for import and export of animals and plants, animals and plants and their processed products carried or mailed by passengers, animals and plants and their processed products, quarantine Packaging containers, packages, foam materials, vehicles from endemic areas, and other items subject to quarantine as stipulated by laws, government ordinances, international treaties, multilateral (bilateral) agreements, and trade agreements. Quarantine, inspect, and manage cargo and goods.

⑥ Import and export product inspection management
Based on the "Import and Export Commodity Inspection Law" and its implementation regulations, the State Administration of Quality Supervision, Inspection and Quarantine shall inspect, supervise and control import and export products, their packaging, and transportation equipment. It conducts legal inspections, supervision, and management listed in the "Inventory of goods for import and export when the Entry-Exit Inspection and Quarantine Agency conducts inspection and quarantine."

⑦Safety management of import and export products
・Based on the Food Sanitation Law, the Import and Export Commodity Inspection Law, and related regulations, the National Administration of Quality Supervision, Inspection and Quarantine shall inspect, supervise and manage the safety, hygiene and quality of food and cosmetics related to import and export. conduct. Performs daily supervision and management of food and cosmetics production units related to import and export.
・Inspect and quarantine imported products (including beverages, alcoholic beverages, and sugars), food additives, food containers, packaging materials, and food tools and equipment, and supervise and manage them.

⑧Safety management of special equipment
Based on the "Special Equipment Safety Supervision Ordinance" promulgated by the State Council, the State Administration of Quality Supervision, Inspection and Quarantine is required to inspect special equipment such as boilers, pressure vessels, pressure pipes, elevators, hoists, passenger cables, large amusement park facilities, mobile vehicles, etc. Performs safety inspection and supervision work.

⑨Product quality supervision and management
- Based on the Product Quality Law and its implementation regulations, the State Administration of Quality Supervision, Inspection and Quarantine supervises all product quality in China and conducts random inspections.
・Perform industry and local supervision related to product quality.

⑩Food production inspection management
 Based on the Product Quality Law, the Food Sanitation Law, and their implementation regulations, the State Administration of Quality Supervision, Inspection and Quarantine supervises and manages the safety and hygiene of all food production and processing processes in the country.

⑪Execution supervision/management
- Based on the "Product Quality Law," "Standardization Law," "Measurement Law" and their implementation regulations, the State Administration of Quality Supervision, Inspection and Quarantine will crack down on acts that violate the Quality, Standardization and Metrology Law.
・Crack down on counterfeit products as authorized by the State Council. 

⑫International exchange
 The National Directorate General of Quality Supervision, Inspection and Quarantine will carry out international cooperation and exchange regarding quality supervision, inspection and quarantine. The State Administration for Quality Supervision, Inspection and Quarantine will establish cooperative relationships with relevant competent authorities in many countries and regions around the world and establish bilateral cooperation mechanisms.

⑬Science and technology management
 The National Administration of Quality Supervision, Inspection and Quarantine has established 700 entry/exit inspection and quarantine laboratories for food safety, animal and plant quarantine, sanitary quarantine, industrial product inspection, etc. across the country (as of December XNUMX, XNUMX).
These laboratories will provide effective technical support for the measures of the State Administration of Quality Supervision, Inspection and Quarantine, and provide important testing technical support in various areas of China's national construction and opening up to the outside world.

⑭Certification, authorization, supervision and management
Based on the Certification and Approval Regulations of the People's Republic of China, the National Certification and Approval Supervision and Administration Commission formulates, promulgates and enforces laws, ordinances and regulations regarding national certification and approval, safety and quality permits, health registration and pass evaluation. Coordinates and guides certification and approval operations nationwide and supervises certification organizations.

⑮Standardized management
-Based on the Standardization Act and the Implementing Ordinance, the National Standardization Management Committee will draft and revise laws and regulations regarding national standardization. Establish and enforce policies and policies for national standardization work.
・Establish national standardization management rules and related systems, and implement standardization laws and regulations regarding product safety, etc.

6 Responsibilities of the National Quality Supervision, Inspection and Quarantine General Administration in crackdown on counterfeit products

The State Administration of Quality Supervision, Inspection and Quarantine may investigate and seize illegal products for the following acts:(* 4)

① Producers must not misrepresent the country of origin. Do not misrepresent the name or address of another business operator.(* 5)
② Producers must not forge or misrepresent quality labels such as certification labels.(* 6).
③ Producers must not mix fake or inferior products when producing products. Do not deceive people by calling fake products genuine, or mislead people into thinking inferior products are superior. Do not falsely pass off rejected products as passed products.(* 7).
④ Seller must not misrepresent the country of origin. Do not falsify the name or address of another business operator.(* 8).
⑤ Seller must not forge or misrepresent quality indications such as certification indications.(* 9).
⑥ Seller must not mix fake or inferior products when selling products. Do not deceive people by calling fake products genuine, or by mistaking inferior products as superior. Do not falsely pass off rejected products as passed products.(* 10).

7 Processing

① If someone deceives someone by passing off a fake product as genuine, or deceives someone by mistaking an inferior product as superior, we will crack down on production and sales, confiscate illegally produced and sold products, and take action against illegally produced and sold products. A fine of not less than 50% and not more than 3 times the sales amount will be imposed. If there is illegal gain, the illegal gain shall be confiscated. If the circumstances are serious, the business license will be revoked. If it constitutes a crime, pursue criminal liability according to law.(* 11).
② If the company falsifies the country of origin of the product, falsifies the name or address of another business operator, or falsifies or misrepresents the certification label, the company will order the person to correct the falsification, confiscate the illegally produced and sold products, and confiscate the illegally produced and sold products. A fine of no more than the amount equivalent to the production or sales revenue shall be imposed. If there is illegal gain, the illegal gain must be confiscated.(* 12).

 

※ 1
A "business unit" is a social service organization related to education, science and technology, culture, and hygiene created by a state agency or other organization using state-owned assets for the purpose of social public interest, and is a kind of affiliated organization. It is.

※ 2
 In China, cars, toys, food, and drugs are subject to a recall system. According to the draft of the Ordinance for Recall Management of Defective Products drafted in 2007, it is expected that not only the above-mentioned products will be subject to a recall, but also products that have the potential to cause serious injury to human health. It is.

※ 3
 As of December 124, XNUMX, the ``Inventory of Import and Export Products Subjected to Inspection and Quarantine by the Entry-Exit Inspection and Quarantine Organization'' includes a total of XNUMX types of products, including foods, animal feed additives, and raw materials.

※ 4
 Article 18 of the "Product Quality Law of the People's Republic of China" The product quality supervision department at the county level or above shall have the following authority over the acts stipulated in this law if there is already obtained evidence or a complaint of suspicion of illegality. can be exercised.
1 Conduct on-site inspections of parties suspected of engaging in production or sales that violate this law.
2 Investigate the circumstances related to production and sales activities that are suspected of violating this law from the legal representatives of the parties, principal responsible persons and other parties involved.
3 Examine and copy contracts, invoices, books and other related documents related to the parties.
4. Products that do not meet national standards or industry standards for guaranteeing human health, personal and property safety, or products with other serious quality problems, as well as raw materials, packaging, and production tools directly used in production and sales. However, it can be seized.
Product quality supervision departments at or above the county level may, in accordance with the scope of their responsibilities prescribed by the State Council, exercise the powers specified above when seizing acts suspected of violating this Law.

※ 5
 Article 31 of the Product Quality Law of the People's Republic of China: Producers must not misrepresent the country of origin. Do not misrepresent the name or address of another business operator.

※ 6
 Article 32 of the Product Quality Law of the People's Republic of China Producers shall not forge or misrepresent quality labels such as certification labels.

※ 7
 Article 33 of the "Product Quality Law of the People's Republic of China" Producers must not mix fake or inferior products when producing products. Do not deceive people by calling fake products genuine, or mislead people into thinking inferior products are superior. Rejected products must not be misrepresented as passed products.
Article 140 of the Criminal Law of the People's Republic of China: Producers and sellers mix fake or inferior products into products, mislead people into believing that inferior products are superior by calling fake products genuine, and misrepresent non-conforming products as acceptable products. If the amount of sales is more than 50,000 yuan and less than 200,000 yuan, the person may be sentenced to imprisonment or detention for less than two years, and either together or separately with a penalty of more than 50% and less than twice the amount of sales. shall be subject to a fine of If the sales amount is 200,000 yuan or more and less than 500,000 yuan, the person shall be sentenced to imprisonment for a term of 2 years or more and 7 years or less, as well as a fine of 50% or more and less than twice the sales amount. If the sales amount is more than 500,000 yuan and less than 2 million yuan, the person shall be sentenced to imprisonment for more than seven years, and also be sentenced to a fine of more than 50% and less than twice the sales amount. If the sales amount is more than 2 million yuan, the person shall be sentenced to 15 years or life in prison, and in addition be sentenced to a fine of 50% or more and less than twice the sales amount or have their property confiscated.
Article 141 of the "Penal Law of the People's Republic of China" A person who produces or sells false medicines and causes a risk of serious harm to human health shall be sentenced to imprisonment or detention for not more than three years, and the sales amount shall be reduced. A fine of not less than 50% and not more than 2 times shall be imposed concurrently or separately. A person who causes serious harm to human health shall be sentenced to imprisonment for a period of not less than three years and not more than 10 years, as well as a fine of not less than 50% and not more than twice the sales amount. A person who causes the death of a person or causes particularly serious harm to human health shall be sentenced to imprisonment for 10 years or more, life imprisonment, or the death penalty, a fine of 50% to 2 times the sales amount, or confiscation of property. Take concurrent courses.
"Penal Law of the People's Republic of China" Article 3 Producing false agricultural chemicals, false veterinary medicines, or false chemical fertilizers, and clarifying that the agricultural chemicals, veterinary medicines, chemical fertilizers, or seeds are false or have lost their efficacy. A person who knowingly sold these products, or a producer or seller who misrepresented rejected agricultural chemicals, veterinary drugs, chemical fertilizers, or seeds as approved agricultural chemicals, veterinary drugs, chemical fertilizers, or seeds. If this causes relatively large damage to production, the person shall be sentenced to imprisonment or detention for not more than three years, and may also be sentenced to a fine of not less than 3% and not more than twice the sales amount, or separately. If serious damage is caused to production, the person shall be sentenced to imprisonment for a period of not less than 7 years and not more than XNUMX years, as well as a fine of not less than XNUMX% and not more than twice the sales amount. If the person causes particularly serious damage to production, the person shall be sentenced to imprisonment for a period of not less than XNUMX years or to life imprisonment, and shall also be subject to a fine of XNUMX% to XNUMX times the sales amount or confiscation of property.
“Some interpretations of the specific application of the law when handling criminal cases involving the manufacture and sale of counterfeit and inferior products.”
Article 9 Providing loans, funds, account numbers, invoices, certificates, licenses, etc. to others despite knowing or should have known of the crime of producing or selling counterfeit and inferior products; , or in the case of providing production or business facilities, or providing facilities for transportation, warehousing, storage, mailing, etc., or in the case of providing counterfeit technology, complicity in the crime of producing or selling counterfeit and inferior goods. regarded as.

※ 8
 Article 37 of the "Product Quality Law of the People's Republic of China" Seller shall not misrepresent the country of origin. Do not misrepresent the name or address of another business operator.

※ 9
 Article 38 of the Product Quality Law of the People's Republic of China Seller shall not forge or misrepresent quality indications such as certification indications.

※ 10
 Article 39 of the Product Quality Law of the People's Republic of China Seller shall not mix fake or inferior products when selling products. Do not deceive people by calling fake products genuine, or by mistaking inferior products as superior. Rejected products must not be misrepresented as passed products.

※ 11
 Article 50 of the "Product Quality Law of the People's Republic of China" If a person deceives a person by calling a fake product genuine, or deceives a person by mistaking an inferior product as superior, the production and sale of the product will be controlled and illegally produced and sold products will be suppressed. The product shall be confiscated and a fine of 50% to 3 times the sales value of the illegally produced or sold product will be imposed. If there is illegal gain, the illegal gain shall be confiscated. If the circumstances are serious, the business license will be revoked. If the act constitutes a crime, criminal liability shall be investigated according to law.

※ 12
 Article 53 of the "Product Quality Law of the People's Republic of China" If a person falsifies the country of origin of a product, falsifies the name or address of another business, or falsifies or misrepresents the certification label, the person shall be ordered to correct the fraudulent acts, etc. , confiscate illegally produced and sold products, and impose a fine not exceeding the amount equivalent to the proceeds of illegally produced and sold. If there is illegal gain, the illegal gain shall be confiscated.

 


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