Clearly improve the legal provisions of the patent law and improve the legal enforceability

"Currently, the revised implementation rules have been released, which not only clarifies some provisions of the law, but also helps improve the enforceability of the law." said the relevant person in charge of the municipal bureau. According to reports, in the Patent administrative enforcement section, the revised Implementing Rules of the Patent Law, compared with the old Implementing Rules of the Patent Law, have added a "cover-up" clause in the Behavior of counterfeiting patents, that is, Article 84 "Others that cause confusion to the public" ", the act of mistaking unpatented technology or design for patented technology or patented design" allows administrative law enforcement to have greater room for action, and incorporates more behaviors that deceive the public and disrupt Market Order in the name of patents into administrative Scope of supervision. At the same time, the revised Implementing Rules of the Patent Law added a "cover-off" clause in the mediation of patent dispute Cases, namely Article 85 "Other Patent Disputes", which expanded the scope of mediation of patent dispute cases by patent Administrative Agencies, such as patent licensing Contract disputes and patent transfer contract disputes can be mediated at the patent administrative agency. In addition, the revised Patent Law has strengthened law enforcement methods. The newly revised Patent Law stipulates that in the investigation and handling of counterfeit patents, seizures and seizures can be carried out, and the penalty amount is increased to 200,000. It should be said that this is a great progress and can more effectively maintain market order.

The promulgation of the revised Implementing Rules of the Patent Law will have a certain impact on certain aspects of the work of the Beijing Intellectual Property Office. According to reports, first of all, the workload and difficulty of work have increased. The strengthening of enforcement methods of the revised Patent Law and the increase in "cover-up" clauses in the Implementation Rules of the Revised Patent Law will bring greater workload and difficulty of work. . How the Beijing Intellectual Property Office responds to this change when there is basically no increase in existing law enforcement personnel is a question worth thinking about. Second, respond to new types of cases. Due to the increase in "cover-up" clauses, there will be many cases that have not been investigated or mediated before, such as patent transfer contract disputes. According to the revised Patent Law Implementing Rules, administrative agencies should be able to mediate. New types of cases require administrative law enforcement personnel to have corresponding knowledge and abilities in order to do relevant work well. Faced with these impacts, the Beijing Intellectual Property Office will take measures from the following aspects to implement the newly revised Patent Law Implementing Rules: First, carry out training. New legal provisions and law enforcement methods will always cause new problems in the specific law enforcement process. For this, the Beijing Intellectual Property Office is prepared and will increase training efforts to allow relevant law enforcement personnel to understand the authority and methods of law enforcement. ,Administration by Law. Second, increase publicity. To abide by the law, we must first know the law, so it is necessary to increase the publicity of the revised Patent Law and its implementation rules, so that the relevant public can act in accordance with the law. The Beijing Intellectual Property Office plans to expand publicity efforts by holding intellectual property protection forums and distributing promotional materials. Third, increase the intensity of investigation and handling of patent administrative cases to maintain market order. from the modifiedIt seems that the Patent Law and its implementation rules have strengthened the administrative initiative to investigate and deal with counterfeiting cases, which is also consistent with the positioning of administrative agencies to maintain market order.