Circular of the National Intellectual Property Administration on Issuing the Administrative Measures for Lists of Seriously Dishonest Parties Subject to Joint Disciplinary Actions in the Patent Sector (for Trial Implementation)
Circular of the National Intellectual Property Administration on Issuing the Administrative Measures for Lists of Seriously Dishonest Parties Subject to Joint Disciplinary Actions in the Patent Sector (for Trial Implementation)
Circular of the National Intellectual Property Administration on Issuing the Administrative Measures for Lists of Seriously Dishonest Parties Subject to Joint Disciplinary Actions in the Patent Sector (for Trial Implementation)
Guo Zhi Fa Bao Zi [2019] No.52
October 16, 2019
Intellectual property offices (intellectual property administration departments) of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps; all departments under the headquarters, all departments of the Patent Office, Trademark Office and other directly affiliated entities of the National Intellectual Property Administration, and all social organizations,
In order to thoroughly implement the decisions and arrangements of the CPC Central Committee and the State Council for further strengthening the protection of intellectual property rights, and accelerate the construction of a credit system in the sector of intellectual property, the National Intellectual Property Administration has formulated the Administrative Measures for Lists of Seriously Dishonest Parties Subject to Joint Disciplinary Actions in the Patent Sector (for Trial Implementation) in accordance with the Memorandum of Understanding on Taking Joint Disciplinary Actions Against Seriously Dishonest Subjects in the Area of Intellectual Property (Patent) (Fa Gai Cai Jin [2018] No.1702). These Measures are hereby issued for your compliance and implementation.
Administrative Measures for Lists of Seriously Dishonest Parties Subject to Joint Disciplinary Actions in the Patent Sector (for Trial Implementation)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the actual situation of work, with a view to strictly protecting intellectual property rights, accelerating the construction of a credit system in the patent sector, thoroughly implementing the Circular of the General Office of the State Council on Issuing the Plan for Assignment of the Key Tasks Set Forth in the National Video and Telephone Conference for Deepening the Reform to Streamline Administration, Delegate Powers, Strengthen Regulation and Improve Services and Optimizing the Business Environment (Guo Ban Fa [2019] No.39), the Memorandum of Understanding on Taking Joint Disciplinary Actions Against Seriously Dishonest Subjects in the Area of Intellectual Property (Patent) (Fa Gai Cai Jin [2018] No.1702) and the Guiding Opinions of the National Development and Reform Commission and the People's Bank of China on Strengthening and Standardizing Administration of the Lists of Subjects in Good Faith Given Joint Incentives and Those in Bad Faith Subject to Joint Disciplinary Actions (Fa Gai Cai Jin Gui [2017] No.1798) and establishing and improving a system of joint disciplinary actions against dishonest parties in the patent sector.
Article 2 "Management of the list of seriously dishonest parties subject to joint disciplinary actions in the patent sector" as mentioned in these Measures refers to the general designation of measures such as determination of act, inclusion in the list, joint disciplinary actions, removal from the list and credit repair taken against dishonest parties subject to joint disciplinary actions in the patent sector.
Article 3 The list of seriously dishonest parties subject to joint disciplinary actions in the patent sector shall be managed in line with the principle of "whoever is included in the list shall be responsible", with adherence to laws and regulations, objectivity, fairness, openness, transparency and dynamic management.
Article 4 Parties subject to joint disciplinary actions shall be subjects committing the seriously discreditable acts in the patent sector.
......
Guo Zhi Fa Bao Zi [2019] No.52
October 16, 2019
Intellectual property offices (intellectual property administration departments) of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps; all departments under the headquarters, all departments of the Patent Office, Trademark Office and other directly affiliated entities of the National Intellectual Property Administration, and all social organizations,
In order to thoroughly implement the decisions and arrangements of the CPC Central Committee and the State Council for further strengthening the protection of intellectual property rights, and accelerate the construction of a credit system in the sector of intellectual property, the National Intellectual Property Administration has formulated the Administrative Measures for Lists of Seriously Dishonest Parties Subject to Joint Disciplinary Actions in the Patent Sector (for Trial Implementation) in accordance with the Memorandum of Understanding on Taking Joint Disciplinary Actions Against Seriously Dishonest Subjects in the Area of Intellectual Property (Patent) (Fa Gai Cai Jin [2018] No.1702). These Measures are hereby issued for your compliance and implementation.
Administrative Measures for Lists of Seriously Dishonest Parties Subject to Joint Disciplinary Actions in the Patent Sector (for Trial Implementation)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the actual situation of work, with a view to strictly protecting intellectual property rights, accelerating the construction of a credit system in the patent sector, thoroughly implementing the Circular of the General Office of the State Council on Issuing the Plan for Assignment of the Key Tasks Set Forth in the National Video and Telephone Conference for Deepening the Reform to Streamline Administration, Delegate Powers, Strengthen Regulation and Improve Services and Optimizing the Business Environment (Guo Ban Fa [2019] No.39), the Memorandum of Understanding on Taking Joint Disciplinary Actions Against Seriously Dishonest Subjects in the Area of Intellectual Property (Patent) (Fa Gai Cai Jin [2018] No.1702) and the Guiding Opinions of the National Development and Reform Commission and the People's Bank of China on Strengthening and Standardizing Administration of the Lists of Subjects in Good Faith Given Joint Incentives and Those in Bad Faith Subject to Joint Disciplinary Actions (Fa Gai Cai Jin Gui [2017] No.1798) and establishing and improving a system of joint disciplinary actions against dishonest parties in the patent sector.
Article 2 "Management of the list of seriously dishonest parties subject to joint disciplinary actions in the patent sector" as mentioned in these Measures refers to the general designation of measures such as determination of act, inclusion in the list, joint disciplinary actions, removal from the list and credit repair taken against dishonest parties subject to joint disciplinary actions in the patent sector.
Article 3 The list of seriously dishonest parties subject to joint disciplinary actions in the patent sector shall be managed in line with the principle of "whoever is included in the list shall be responsible", with adherence to laws and regulations, objectivity, fairness, openness, transparency and dynamic management.
Article 4 Parties subject to joint disciplinary actions shall be subjects committing the seriously discreditable acts in the patent sector.
......