(Issued on August 25, 2014 in accordance with Decree No. 105 of the People’s Government of Guangzhou Municipality and amended on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality)

　　Article 1 To regulate patent-related administrative law enforcement of this Municipality, protect the legal rights and interests of patent holders and the public, and maintain the order of the socialist market economy, these Measures are formulated in accordance with the Patent Law of the People’s Republic of China, the Detailed Rules for the Implementation of the Patent Law of the People’s Republic of China, the Patent Regulations of Guangdong Province and other relevant laws and regulations and on the basis of the actual conditions of this Municipality.

　　Article 2 These Measures shall apply when any patent authority of this Municipality deals with patent infringement disputes, mediates patent disputes and investigates and punishes the acts of passing off patents.

　　Article 3 The municipal patent authority is responsible for organizing the implementation of the Measures, and has jurisdiction over the following patent cases:

　　(1) Invention patent cases;

　　(2) Foreign-related cases;

　　(3) Cross-regional patent cases;

　　(4) Other patent cases that are significant, complicated or have a great impact in the Municipality.

　　The district patent authority is responsible for the patent-related administrative law enforcement within its own jurisdiction, handling patent infringement disputes, mediating patent disputes, and investigating and punishing the acts of passing off patents and other illegal acts in accordance with the law.

　　Article 4 Where a party files a petition to two or more patent authorities with jurisdiction, the department that accepts the petition first shall be the one to handle the case. Where the district patent authority has disputes over the jurisdiction, the municipal patent authority shall designate the one who shall handle the case.

　　For a case under the jurisdiction of the district patent authority, the municipal patent authority may directly accept it if it deems it necessary. For a case under the jurisdiction of the district patent authority, if the relevant district patent authority considers that the situation is complicated and needs to be handled by the municipal patent authority, it may report to the municipal patent authority for handling.

　　Article 5 The authorities in charge of industry and commerce, copyright, public security, quality and technology supervision, food and drug, science and technology, customs, etc. shall assist the patent authority in carrying out patent-related administrative law enforcement ex officio.

　　The district patent authority shall actively assist in regional law enforcement.

　　Article 6 The municipal patent-related administrative law enforcement authority shall, together with the relevant intellectual property authorities, such as the administration for industry and commerce and the copyright authority, conduct regular inspections on key areas, fields and markets, and promptly discover and investigate and punish illegal acts.

　　Article 7 The case in which a petition is submitted to the patent authority for handling patent infringement disputes shall be under the jurisdiction of the patent authority in the place where the respondent is located or where the infringing act occurred.

　　Patent dispute mediation cases shall be under the jurisdiction of the patent authority where the respondent is located. Disputes over the performance of contracts involving patents shall be under the jurisdiction of the patent authority in the place where the respondent is located or where the contract is performed.

　　The investigation and punishment of the acts of passing off patents shall be under the jurisdiction of the patent authority in the place where the act occurred.

　　Article 8 A case handler assigned by the patent authority shall voluntarily withdraw under any of the following circumstances, and the parties have the right to apply for his/her withdrawal in oral or written form:

　　(1) He/she is one party to the case or a close relative of the parties;

　　(2) He/she or his/her close relatives have a stake in the case;

　　(3) He/she has a stake in the parties to the case, which may affect the fair handling of the case.

　　The provisions of the preceding paragraph shall apply to witnesses and experts.

　　Article 9 The patent authority may serve the relevant legal documents and materials by personal delivery, service by mail, service at the designated place, service by announcement or other methods.

　　Article 10 To petition the patent authority to handle a patent infringement dispute, the petitioner shall submit a petition and the following certification materials:

　　(1) A certificate of the legal status of the petitioner, namely the resident identity certificate or any other valid identity certificate of the petitioner who is an individual, or a copy of the valid business license or any other certification document which can certify the legal status of the petitioner if it is an entity as well as the identity certificate of the legal representative or major responsible person of the petitioner; and

　　(2) A valid certificate of the patent, including a copy of the patent register and the patent certificate.

　　If the petitioner is a party in Hong Kong, Macao or Taiwan, it shall go through the relevant certification procedures; if the petitioner is a foreign party, it shall provide the patent authority with an identity certificate in the form required by the laws of China; if it refuses to provide such a certificate, the authority shall not accept the petition. If the petition has been accepted, the patent authority may require the petitioner to provide additional relevant materials within the specified time limit. If such materials are not provided within the time limit without justifiable reasons, the petition may be rejected.

　　If the patent infringement dispute involves a patent of utility model or design, the patent authority may require the petitioner to present a patent evaluation report issued by the patent authority under the State Council.

　　The petitioner shall provide copies of the petition and the relevant evidence according to the number of the respondents.

　　Article 11 In the handling of infringement disputes, one party may entrust one or two persons as agents. When entrusting an agent, the party concerned shall submit a letter of authorization signed or sealed by the principal to the patent authority, and the letter of authorization shall state the entrusted matters and the scope of authority.

　　The agent shall have the special authorization of the principal when exercising the right involving the significant rights and interests of the parties, such as recognition, waiver or modification of the petition, and reconciliation.

　　Where a party from Hong Kong, Macau or Taiwan submits a letter of authorization, the relevant certification procedures shall be handled; a letter of authorization submitted by a foreign party shall become effective only after being certified by the notary office of the country where the party is located and authenticated by the embassy or consulate of the People’s Republic of China in the country, or the party has fulfilled the certification procedures stipulated in the relevant treaties concluded between the People’s Republic of China and the country.

　　Article 12 Where a patent infringement dispute falls under any of the following circumstances, relevant entities or individuals shall jointly participate in the handling of the case:

　　(1) Where there are two or more patentees of the patent right involved, all the joint patentees shall be the joint petitioners, unless some of the joint patentees expressly renounce the relevant substantive rights;

　　(2) Where the respondent is an individual partnership, all the partners shall be the joint respondent;

　　(3) Other circumstances stipulated by laws and regulations.

　　Article 13 When a party provides evidence formed outside China to the patent authority, the source shall be stated, and relevant notarization, authentication or other certification procedures shall be performed.

　　When a party provides foreign-language certificates or foreign-language explanatory materials to the patent authority, a Chinese translation version shall be attached.

　　Article 14 When a patent authority handles any patent infringement dispute, it may decide whether to try the case orally depending on the circumstance.

　　Where the patent authority decides to try the case orally, it shall notify the parties concerned who will undertake the oral hearing and the time and place of the oral hearing three working days before the oral trial. Where a party refuses to appear without any justifiable reason or withdraws during the oral trial without permission, the said party who is the petitioner shall be deemed to have withdrawn the petition or the said party against whom the petition is filed shall be deemed to have been absent.

　　Article 15 When handling patent infringement disputes, the patent authority may conduct authentication according to the needs of case handling, or upon the application of one party concerned for authentication by a statutory authentication organization.

　　The authentication charges occurred upon the application of a party concerned for authentication shall be paid by the party filing the application.

　　Article 16 The patent authority may handle patent infringement disputes in the following ways:

　　(1) Prepare a mediation letter if an agreement is reached through mediation;

　　(2) Make a decision to order the cessation of the infringement if an infringement of the patent right has been constituted;

　　(3) Make a decision to reject the petition if the patent right is declared invalid or does not constitute an infringement of the patent right;

　　(4) Make a decision to withdraw the case if the petitioner withdraws the petition.

　　The decision made by the patent authority that the infringement facts are established shall be disclosed to the public within 20 working days from the effective date. If there is a change or revocation of the infringement handling decision made by the patent authority due to administrative proceedings, the relevant information on the change or revocation shall be disclosed within 20 working days from the date of the change or revocation of the handling decision.

　　Article 17 For a patent infringement dispute case in which a petition for handling has already been filed or a handling decision has been made, no further petition shall be filed to the patent authority based on the same facts and reasons. If the petition is filed again, the patent authority shall not accept it.

　　Article 18 Where a petition for mediation of a patent dispute is filed, the patent authority shall deliver a copy of the petition to the respondent within 5 working days from the date of receiving the petition for mediation. The respondent shall submit a statement of opinion within 10 working days from the date of receipt.

　　Article 19 Where a petition for mediation of a patent dispute is filed, the respondent shall submit a statement of opinion within 1 working day from the date of receipt of the copy of the petition; if a statement of opinion is not submitted within the time limit, or the statement of opinion indicates that the respondent does not accept mediation, the patent authority shall not file the case and shall notify the petitioner.

　　Where the respondent agrees to conduct mediation, the patent authority shall file the case within 5 working days from the date of receipt of the statement of opinion, designate the case handler to serve a copy of the statement of opinion on the petitioner, and notify both parties of the time limit for submitting relevant evidence materials, time and place for mediation, etc.

　　Article 20 Where an agreement is reached on the patent dispute through the mediation of the patent authority, the content of the agreement shall not violate laws and regulations, and shall not damage public interests and the legal rights and interests of others.

　　Article 21 After an agreement is reached through mediation, the patent authority shall prepare a mediation letter, which shall state the following matters:

　　(1) The name and address of each party, and the name and title of the legal representative or major responsible person; in the case of an authorized agent, the name of the agent and the name and address of the agency;

　　(2) The main facts of the dispute and the responsibilities to be assumed;

　　(3) The content of the agreement and the mediation costs to be borne.

　　The petition shall bear the signature or seal of the patent authority.

　　Article 22 Where the petitioner of a patent dispute fails to participate in the mediation at the time and place as notified without justifiable reasons, the patent authority shall consider it as voluntary withdrawal of the petition; where the respondent fails to participate in the mediation at the time and place as notified without justifiable reasons, the patent authority shall consider it as a failure to reach an agreement, close the case by withdrawing the case, and notify both parties.

　　Article 23 The patent authority shall make a decision to withdraw the case within 10 working days from the date of mediation for a patent dispute case that cannot be resolved through mediation.

　　Article 24 When investigating and punishing the acts of passing off patents, the patent authority shall file the case within 5 working days from the date of discovery; if it receives a report or complaint about passing off patents, it shall decide whether to file the case within 10 working days from the date of receipt of the report or complaint.

　　When investigating and punishing the acts of passing off patents, the patent authority shall designate two or more case handlers for investigation.

　　Article 25 After the case investigation is completed, the patent authority shall act as follows according to the circumstances of the case:

　　(1) Impose administrative punishment according to law if the act of passing off patents is established and shall be punished;

　　(2) Waive the punishment if the act of passing off patents is minor and has been corrected in a timely manner;

　　(3) Withdraw the case according to law if the act of passing off patents is not established;

　　(4) Those suspected of committing a crime shall be transferred to judicial organs and investigated for criminal responsibility according to law.

　　Where a heavy administrative penalty is to be imposed for a complex or major illegal act, it shall be decided by the responsible persons of the patent authority through collective discussion.

　　Where the patent authority makes a decision of administrative punishment for an act of passing off patents through investigation, it shall actively disclose relevant information to the public within 20 working days from the date of making the decision. Where a decision of administrative punishment is changed or revoked due to administrative reconsideration or administrative proceedings, the relevant information about the change or revocation shall be disclosed within 20 working days from the date of the change or revocation of the punishment decision.

　　Article 26 Where the patent authority intends to impose an administrative penalty for an act of passing off patents, it shall inform the party concerned of the facts, reasons and basis for the decision of punishment, and inform the party of the rights enjoyed by it according to law.

　　If the patent authority intends to impose a fine of more than RMB 1,000 on an individual or a fine of more than RMB 50,000 on a legal person or any other organization, it shall inform the party that it has the right to request a hearing. Where a party requests a hearing, a hearing shall be organized in accordance with the law.

　　Article 27 The patent authority may reward any person who reports an act of passing off patents to it in accordance with the relevant regulations, and shall keep the identity of the whistleblower confidential.

　　The patent authority shall inform the whistleblower of the investigation and punishment result of the act of passing off patents within 5 working days from the date of closing the case.

　　Article 28 Where a party concerned does not know that the products sold by it are patent counterfeiting ones and can prove the legal source of the products, the patent authority shall make a decision to order it to make corrections, but exempt it from the confiscation of illegal gains and imposition of fines.

　　Legal source refers to the circumstance where the seller purchases patent counterfeiting products from others through legal purchase channels, valid sales contracts and reasonable prices.

　　Article 29 An administrative counterparty who is fined for an act of passing off patents shall, within 15 days from the date of receipt of the penalty decision, pay the fine at the designated bank; if it fails to pay the fine within the time limit, an additional fine equivalent to 3% of the fine amount will be imposed for each day overdue. The amount of the additional fine shall not exceed the amount of the principal of the fine payable.

　　Article 30 When the patent authoritydeals with patent infringement disputes or mediates patent disputes, relevant fees may be charged according to the provisions of the price authority.

　　If the applicant fails to pay the relevant fees within the stipulated time limit, the application will be automatically withdrawn.

　　Article 31 For other patent-related administrative law enforcement matters not stipulated herein, they shall be implemented in accordance with relevant laws, regulations and rules.

　　Article 32 The measures shall come into force on October 1, 2014. The Measures of Guangzhou Municipality for Handling Patent Disputes and the Measures of Guangzhou Municipality for the Implementation of Investigating and Punishing Acts of Passing off and Counterfeiting Others’ Patents promulgated by the People’s Government of Guangzhou Municipalityon May 28, 2002 shall be abolished accordingly.