Article 80 The Patent Administration Department under the State Council shall
provide professional guidance to the administrative authorities for patent
affairs in handling and mediating patent disputes.
Article 81 Where any party concerned requests handling or mediation of a
patent dispute, it shall fall under the jurisdiction of the administrative
authority for patent affairs where the requested party has his location or where
the act of infringement has taken place.
Where two or more administrative
authorities for patent affairs all have jurisdiction over a patent dispute, any
party concerned may file his or its request with one of them to handle or
mediate the matter. Where requests are filed with two or more administrative
authorities for patent affairs, the administrative authority for patent affairs
that first accepts the request shall have jurisdiction.
Where administrative
authorities for patent affairs have a dispute over their jurisdiction, the
administrative authority for patent affairs of their common higher level
people's government shall designate the administrative authority for patent
affairs to exercise the jurisdiction; if there is no such administrative
authority for patent affairs of their common higher level people's government,
the Patent Administration Department under the State Council shall designate the
administrative authority for patent affairs to exercise the jurisdiction.
Article 82 Where, in the course of handling a patent infringement dispute,
the defendant requests invalidation of the patent right and his request is
accepted by the Patent Reexamination Board, he may request the administrative
authority for patent affairs concerned to suspend the handling of the
matter.
If the administrative authority for patent affairs considers that the
reasons set forth by the defendant for the suspension are obviously untenable,
it may not suspend the handling of the matter..
Article 83 Where any patentee affixes a patent marking on the patented
product or on the package of that product in accordance with the provisions of
Article 15 of the Patent Law, he or it shall make the affixation in the manner
as prescribed by the Patent Administration Department under the State
Council.
Article 84 Any of the following is an act of passing off the patent of
another person as one's own:
(1) without authorization, indicating the patent
number of another person on the product or on the package of that product made
or sold by him or it;
(2) without authorization, using the patent number of
another person in the advertisement or in any other promotional materials of his
or its product, so as to mislead other persons to regard the technology
concerned as the patented technology of another person;
(3) without
authorization, using the patent number of another person in the contract entered
into by him or it , so as to mislead other persons to regard the technology
referred to in the contract as the patented technology of another person;
(4)
counterfeiting or transforming any patent certificate, patent document or patent
application document of another person.
Article 85 Any of the following is an act of passing a non-patented product
off as patented product or passing a non-patented process off as patented
process:
(1) making or selling non-patented products which are affixed with
patent marking;
(2) continuing to affix patent marking on the products that
are made or sold after the patent right concerned has been declared
invalid;
(3) passing any non-patented technology off as patented technology
in the advertisements or in any other promotional materials;
(4) stating any
non-patented technology as patented technology in any contract entered into by
him or it;
(5) counterfeiting or transforming any patent certificate, patent
document or patent application document.
Article 86 Any party concerned to a dispute over the ownership of the right
to apply for a patent or the patent right, which is pending before the
administrative authority for patent affairs or the people's court, may request
the Patent Administration Department under the State Council to suspend the
relevant procedures.
Any party requesting the suspension of the relevant
procedures in accordance with the preceding paragraph, shall submit a written
request to the Patent Administration Department under the State Council, and
attach a copy of the document acknowledging the receipt of the relevant request
from the administrative authority for patent affairs or the people's
court.
After the decision made by the administrative authority for patent
affairs or the judgment rendered by the people's court enters into force, the
parties concerned shall request the Patent Administration Department under the
State Council to resume the suspended procedure. If, within one year from the
date when the request for suspension is filed, no decision is made on the
dispute relating to the ownership of the right to apply for a patent or the
patent right, and it is necessary to continue the suspension, the party who or
that the request shall, within the said time limit, request to extend the
suspension. If, at the expiration of the said time limit, no such request for
extension is filed, the Patent Administration Department under the State Council
shall resume the procedure on its own initiative.
Article 87 Where, in hearing civil cases, the people's court has ordered the
adoption of measures for a patent right preservation, the Patent Administration
Department under the State Council, for the purpose of assisting the execution
of the order, shall suspend the relevant procedure concerning the preserved
patent right. At the expiration of the time limit for preservation, if there is
no order of the people's court to continue the preservation, the Patent
Administration Department under the State Council shall resume the relevant
procedure on its own initiative.
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