Release Act [2001] on the 20th
On June 5, 2001 the Judicial Committee meeting 1179
, Since July 1, 2001 has come into effect.
Said
For the effective protection of patents and other interested parties regarding the legitimate rights and interests of the "General Principles of Civil Law," "Patent Law of the PRC" (hereinafter referred to the Patent Law), "the PRC Civil Procedure Law" (hereinafter referred to the Code of Civil Procedure) the requirement is the first stop v. patent infringement acts of a number of issues applicable law provides as follows :
The first of 61 under the patent law, patents or interested party can be brought before the People's Court ordered the applicant to cease violations of the franchise applications.
Interested applicants, including patent licensing contracts licensee, patents and property rights as the legal successor. Patent licensing contracts licensee, the exclusive licensing contracts in the single license can apply to the people's court; Exclusive licensing contracts licensee of the patent applications were not the circumstances, it may apply.
The second of the former v. ordered to cease violations of the franchise application, it should be to a patent infringement case the jurisdiction of the people's court.
The third of the franchise or interested party to the people's court application, applicants should submit written pleadings; The application from the parties and should contain basic information, the specific content, scope and reasons for such matters. For reasons including the failure to act promptly to stop the legitimate rights and interests of the applicants will be irreparable damage to the details.
The fourth application of the applicant, should submit the following evidence :
(1) the patentee should submit proof of its real and effective patent documents, including patent certificate and the right books, brochures, annual fee payment of patent documents. The application involves the application of a new patent, the applicant should be submitted to the State Council issued the patent administration departments of the search report.
(2) provide relevant stakeholders should patent licensing contract in the State Department and the patent administration departments for the record to prove the material, without the record should submit proof of the patentee, or to prove their rights to other evidence.
Exclusive licensing contracts in the permit application alone, should be submitted to the patentee to give up the proof.
Patent property rights should be submitted to the heirs have inherited or are inherited from the evidentiary material.
(3) the submission by the applicant is committing or about to commit a violation of its franchise in evidence, including those charged with infringing products and patented technologies and products accused of infringing technology features such as contrast material.
The fifth of the People's Court v. stop acts of patent infringement ruling matters, it should be limited to patents or interested party application scope.
The sixth of the application the applicant should provide security, the applicant does not provide security, denial of the application.
Subject to provide guarantees, mortgages and other forms of secured reasonable and effective, the people's courts should be granted.
The people's court to determine the scope of security that should be considered when ordered to stop the acts involving product sales revenue, and reasonable warehousing, custodian fees; The applicant stop of the act may cause the loss of wages and other reasonable expenses; Other factors.
The seventh stop the enforcement of the act ruled process, the applicant may take such measures causing greater loss, the people's court can order additional applicants corresponding security. Applicants additional security, the lifting of the stay.
The eighth stop of the acts of patent infringement ruling by the measures taken by the applicant, not to make a counter-guarantee disarmament.
9 People's Court accepted the franchise or interested party submitted ordered to cease violations of the franchise application, review compliance with the provisions of Article IV, it should be within 48 hours, make a written finding; Applicants convicted of ordering a cessation of acts of patent infringement, it should be immediately implemented.
The People's Court in the aforementioned period, we need to check the facts, can call or both parties questioned, and then promptly to decide.
V. People's Court before being ordered to stop the acts of the applicant's decision, it should promptly notify the applicant, not later than the 5th.
The 10th of the ruling party against the right, received the award within 10 days from the date an application for reconsideration. During the reconsideration decision not to stop the implementation.
Article 11 People's Court made the right parties should review applications from the following review :
(1) The applicant is committing or about to commit the acts constitute a violation of the franchise;
(2) not to take measures, whether legitimate rights and interests of the applicant will cause irreparable damage;
(3) the applicant to provide security situation;
(4) the applicant has been ordered to stop the acts social and public interests.
Article 12 of the franchise or interested party to take to stop the people's courts in the conduct of the measure within 15 not to prosecute, the people's court ruling lifting of the measures taken.
Article 13 of the applicants not to prosecute or application errors caused by the loss of the applicant, the applicant can to the people's courts have jurisdiction over the prosecution of the applicant requested compensation, can the franchise or interested party filed a patent infringement lawsuit, which seeks damages for the request, the people's courts can be processed together .
The 14th stop of the acts of patent infringement award effectiveness, the general should maintain the CFA legal instruments in force only. People's Court on the merits can also identify specific period of time; The end of that period, according to the request of the parties could be made to stop the continued acts of determination.
The 15th applicant, in violation of the people's court shall order them to stop the act of determination, in accordance with Article 102 of the Civil Procedure Law provisions.
Implementation of the 16th People's Court v. stop acts of patent infringement measures, in accordance with the client application, in the light of Article 74 of the Code of Civil Procedure the provisions simultaneously to preserve the evidence.
According to the People's Court application by the parties involved, in accordance with Article 92 of the Code of Civil Procedure, Article 93 provides for the preservation of property.
The 17th of the franchise or interested party to file a patent infringement lawsuit at the same time propose to, first stop patent infringement acts request, the people's court can make a ruling.
V. of the 18th stop acts of patent infringement cases, the applicant shall, in accordance with the "people's court proceedings charges," and added provisions to pay costs. |
