Chapter VIII Patent Administrative Enforcement

In 2004, the nation's patent administrative enforcement was further enhanced. Pursuant to the unified deployment of the Lead Group of IP Protection of the State Council, from March 20 to April 10, the Office organized a dedicated concentrated campaign and April 26 special operation, formulated and distributed the working plan on enhancing IP administrative enforcement and special enforcement operations, organized and deployed nation-wide operations from September 2004 to August 2005, coordinated and attended the NPC mission in investigating patent enforcement, directed local administrations? high-profile enforcement activities, facilitated inter-agency, inter-region enforcement coordination mechanism and finished information collection and data statistics of administrative enforcement cases as well as materials reporting.

In July, the Office conducted an inter-region enforcement operation in consideration of a design patent being infringed in multiple provinces. The Office made preliminary determination of the evidence, held on-site coordination meeting, organized 11 provinces where infringement was taken place to accept the transfer of the case and establish the case on site, and coordinated and directed the local administrations to handle the case after the meeting. The provinces involved responded quickly and finished the settlement or decision in very short time. Such inter-region enforcement reflected the effectiveness of administrative enforcement, lowered the right-enforcement cost of patent owners and protected the patent right with authority.

In August, the Office held the Training Course for Patent Administrative Enforcement Officers in Yichang, Hubei. During the course, experts from the  court system, SIPO and local IP administrations lectured on determination standard of infringement, case analysis of infringement and enforcement practice. Nearly a hundred enforcement officers from provincial patent authorities attended.

In 2004, provincial IP administrations received 1,455 patent disputes and resolved 1,215. Among the cases received, 1,384 was related to infringement, 19 to right ownership and 52 to other nature; 127 to invention, 552 to utility model, 776 to design. 245 decisions were made, 536 settled, 362 withdrawn by a party, 29 arbitrated and 14 rejected.

2013-07-17