Guangzhou Municipality, Handling of Patent Disputes Measures (Revised)

Promulgated: May 28 2002
Effective: as of date of promulgation
Applicability: The Measures apply to the handling and mediation of patent disputes in Guangzhou (Article 2).

Main contents: According to the Measures, the municipal patent administration may handle any patent infringement dispute where the infringement occurs in Guangzhou and may mediate patent disputes where the respondents are in Guangzhou (Article 6). In the case of a patent infringement dispute, the statute of limitations is two years from the date the applicant knows or should have known thereof (Article 7). In handling a patent dispute, the municipal patent administration may conduct on-site inspection and/or seal or attach original evidence related to the infringement (Article 14). It may also seal or attach the goods, materials, tools and equipment involved in the dispute at the request of the applicant and subject to provision of security by the applicant (Article 15). Upon conclusion of the investigation and hearing, it shall issue a decision in respect of the dispute (Article 19). If any party to the dispute is not satisfied with the decision, it may commence an administrative proceeding with a people's court within 15 days (Article 20). The party may also apply for mediation over the amount of compensation. If the respondent agrees to have mediation, the municipal patent administration shall mediate for an agreement between the parties (Articles 22 to 25). If no agreement is reached, the case shall be closed (Article 27).
Related legislation: PRC, Patent Law (3rd Revision), Dec 27 2009, CLP 2009 No.1 p60; PRC, Patent Law Implementing Rules (2nd Revision), Jan 9 2010, CLP 2010 No.2 p34 and Guangdong Province, Patent Protection Regulations
Repealed legislation: Guangzhou Municipality, Mediation of Patent Disputes Tentative Measures, 1988