How to punish patent management departments for participating in patented product business activities

If a patent management department participates in business activities such as recommending patented products to the public, its superior authority or supervisory authority shall order corrections to eliminate the impact, and any illegal income shall be confiscated; if the case is serious, the person directly responsible shall be punished. Regarding the question of how to punish patent management departments for participating in patented product business activities, the editor of Legal Savior Network will give you a detailed answer below.

1. How to punish patent management departments for participating in patented product business activities

1. If the patent management department participates in business activities such as recommending patented products to the public, its superior authority or supervisory authority shall order corrections to eliminate the impact, and any illegal income shall be confiscated; if the case is serious, the directly responsible person in charge and Other persons directly responsible shall be punished in accordance with the law.

2. Legal basis: "Patent Law of the People's Republic of China"

Seventy-ninth Departments managing patent work shall not participate in business activities such as recommending patented products to the public.

If a department managing patent work violates the provisions of the preceding paragraph, its superior authority or supervisory authority shall order it to make corrections and eliminate the impact, and any illegal income shall be confiscated; if the case is serious, If necessary, the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the law.

2. Patent disputes that can be handled by patent management agencies

Patent management agencies are administrative departments established by various ministries and commissions of the State Council and local people's governments in accordance with the provisions of China's Patent Law to manage patent work in their own departments and regions. According to the provisions of the Patent Law and Implementing Rules, the patent disputes that the patent management agency can handle are:

1. Patent infringement disputes; after the relevant invention patent application is announced, the patent Disputes over fees for others to implement inventions before the right is granted; disputes over patent application rights and ownership of patent rights; disputes over rewards and remuneration for service inventors.

2. If the parties concerned are dissatisfied with the decision made by the patent administration authority on the above disputes, they may file a complaint with the intermediate person at the location of the patent administration authority.When the people's court has no jurisdiction over the patent case, the parties may file a lawsuit in the intermediate people's court where the people's government of the province, autonomous region or municipality directly under the Central Government is located.

If both parties fail to file a lawsuit with the People's Court within the prescribed time limit, the decision of the patent management authority will become legally effective. If the patent management authority decides to handle an infringement and the party fails to file a lawsuit upon expiration of the time limit and fails to perform the decision, the patent management authority may request the People's Court to enforce the decision.

According to the Patent Law According to the provisions of the Law, if the patent management department participates in business activities such as recommending patented products to the society, its superior authority or supervisory authority shall order it to make corrections and eliminate the impact, and any illegal income shall be confiscated; if the case is serious, the person directly responsible shall be punished. Punishment. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.