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