Shanghai Municipality, Patent Protection Regulations

Promulgated: December 28 2001
Effective: July 1 2002

Main contents: Article 9 stipulates that when an application is made for a government research grant, technology transfer, or municipal scientific advancement award, the applicant must provide a patent inspection report to the relevant administrative department. Article 10 states that the right to apply for a patent for service invention belongs to the organization; but that the organization shall reward the inventor or designer in accordance with established laws. Article 11 stipulates that organizations offering patent intermediary services must be registered. Article 12 allows organizers of exhibitions and other promotional events to inspect the patent documentation of products or technologies on display.
Part Three deals with the handling of patent disputes. Article 16 states that where a patent dispute arises from the unauthorized working of patent rights, the patentee can initiate a civil action with the people's court or ask the Municipal Intellectual Property Bureau to intercede. Article 19 states that the Municipal Intellectual Property Bureau shall decide within five days whether to accept the petition. Article 21 designates mediation as the initial means of dispute settlement; if however either party is unwilling, or if mediation fails, the bureau shall order a halt to the infringing activity if it determines that the infringement is substantiated. Article 23 outlines measures the bureau can employ to halt patent infringement, including destruction of materials and disallowing the use of patented methods. Article 24 provides for mediation of disputes regarding compensation, ownership of patent rights, and rewards to employees.
Part Four concerns the handling of patent infringement. Article 27 states that in investigating and handling cases of counterfeiting and passing off of patents, the Bureau can question all parties and witnesses, review and copy any documents related to the case and conduct an onsite investigation.
Related legislation: PRC, Patent Law (2nd Revision), Aug 25 2000, CLP 2000 No.8 p7 and PRC, Patent Law Implementing Rules (Revised), Jun 15 2001, CLP 2001 No.7 p53