Beijing Municipality, Protection and Promotion of Patent Regulations

Promulgated: May 20 2005
Effective: October 1 2005
Applicability: These Regulations apply to such protection and promotion work as administrative handling and mediation for patent disputes, investigation and punishment for patent violations, and patent application and implementation within the administrative district of the municipality (Article 2).

Main contents: A party may request the municipal department responsible for patent administration to handle patent infringement disputes if the following requirements are fulfilled: (1) the party that makes the request is a patentee or an interested party; (2) there is a definite party to which the request is made; (3) there are definite matters as the request concerns, and specific facts and reasons; (4) the domicile of the party to which the request is made, or the infringement occurred, is within the administrative district of the municipality; and (5) the party has not instituted a legal action regarding the patent infringement dispute with the people's court (Article 9). Where the municipal department responsible for patent administration determines that there is an infringement, and where a decision is made to handle the matter, it may adopt measures to stop the infringement in accordance with the following: (1) where the infringer engages in the production of the patented products, it may order the infringer to forthwith stop the production and destroy the equipment or moulds specially used for production of the infringing products, and not to sell or use the unsold infringing products or put them in the market in other manners; (2) where the infringer uses the patented process, it may order the infringer to forthwith stop such use and destroy the equipment or moulds specially used for implementing the patented process, and not to sell or use unsold infringing products directly obtained by such patented process or put them in the market in other manners; (3) where the infringer sells the patented products or product directly obtained by the patented process, it may order the infringer to forthwith stop the sales, and not to use the unsold infringing products or put them in the market in other manners; (4) where the infringer promises to sell the patented products or products directly obtained by the patented process, it may order the infringer to forthwith stop acts of promising to sell the infringed products, eliminate the effects, and not to engage in any actual sales; (5) where the infringer imports the patented products or products directly obtained by the patented process, and where they have already imported them into the municipality, it may order the infringer not to sell or use such infringing products or put them in the market in other manners; and (6) where the infringer uses the patent infringing products for production and operation purposes, it may order the infringer to forthwith stop such use. Where infringing acts are not restrained after adopting the above measures, or where it is difficult to preserve the infringing products, the municipal department responsible for patent administration may order the infringer to destroy or dismantle the infringing products (Article 12). Patent research and development expenses of enterprises and other organizations of the municipality shall be accounted for as costs and expenses, and shall enjoy the corresponding preferential tax policy. Expenses incurred by enterprises for the purchase of patent(s) may be listed under cost items (Article 22).
Related legislation: PRC Patent Law (2nd Revision), Aug 25 2000, CLP 2000 No.8 p.7 and PRC Patent Law Implementing Rules (Revised), Jun 15 2001, CLP 2001 No.7 p.53