From: Justice Bureau of Shenzhen Municipality | Updated:2024-11-01
(Adopted at the 29th Session of the Standing Committee of the Sixth People’s Congress of Shenzhen Municipality on December 27th, 2018, as amended at the 42nd Session of the Standing Committee of the Sixth People’s Congress of Shenzhen Municipality on June 30th, 2020 per the Decision on Amending Regulations of Shenzhen Special Economic Zone on Protection of Intellectual Property Rights)
Contents
Chapter One General Provisions
Chapter Two Working Mechanism
Chapter Three Administrative Law Enforcement
Chapter Four Judicial Protection
Chapter Five Public Services
Chapter Six Self-regulation Management
Chapter Seven Credit-Based Supervision
Chapter Eight Supplementary Provisions
Chapter One General Provisions
Article 1 To enhance the protection of intellectual property rights, stimulate the vitality of innovation, build a modernized and innovation-driven international city, and make Shenzhen a city of innovation and creativity with global influence, these Regulations are hereby formulated according to the basic principles of laws and administrative regulations and in light of the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as the "Special Zone").
Article 2 These Regulations shall apply to the working mechanism, administrative law enforcement, judicial protection, public services, self-regulation management, credit-based supervision, and other aspects concerning intellectual property rights protection in the Special Zone.
The term "Intellectual Property Rights" as mentioned in these Regulations shall refer to the exclusive rights held by the right holder concerning the following under law:
(1) works;
(2) inventions, utility models and appearance designs;
(3) trademarks;
(4) geographical indications;
(5) trade secrets;
(6) layout designs of integrated circuits;
(7) new varieties of plants;
(8) other objects as prescribed by applicable law.
Article 3 Shenzhen Municipal People's Government (hereinafter referred to as the "Municipal People's Government") and the district people's governments shall incorporate the protection of intellectual property rights into their plans for the national economy and social development, enhance education, training, publicity, administrative law enforcement and funding concerning protection of intellectual property rights, and improve the working mechanism for protection of intellectual property rights to foster an innovation-centered, integrity-based and law-abiding environment of protection of intellectual property rights.
Article 4 The competent intellectual property rights department under the Municipal People's Government (hereinafter referred to as the "Municipal Competent Department") shall be responsible for the coordination and organization of intellectual property rights protection and shall perform its relevant protection duties per law.
Departments of development and reform, industry and information technology, scientific and technological innovation, finance, culture, radio, television, tourism and sports, public security, judicial administration, customs, and other administrative authorities, whose duties include intellectual property rights protection under the law, shall perform their duties of intellectual property rights protection per applicable laws, regulations and the provisions of these Regulations.
Article 5 The Municipal Competent Department shall issue an annual report on intellectual property rights protection.
Article 6 A diversified mechanism for intellectual property rights dispute settlement shall be established and improved, to promote effective connection between administrative law enforcement, judicial trial, arbitration, mediation, and other works relevant to intellectual property rights.
Article 7 The Qianhai & Shekou Area of Shenzhen, China (Guangdong) Pilot Free Trade Zone, together with the Shenzhen-Hong Kong Cooperation Zone for Science and Technology Innovation, may take the lead in the innovation of the working mechanism and dispute settlement related to intellectual property rights protection, foreign-related rights protection, comprehensive law enforcement, and other relevant aspects, by offering convenient and efficient services and building a demonstration zone for intellectual property rights protection. The achievements of aforesaid innovation may be implemented throughout the municipality once all conditions are met.
Article 8 The Standing Committee of the Municipal People's Congress shall strengthen supervision over intellectual property rights protection and hear special reports from the Municipal People's Government thereon.
Chapter Two Working Mechanism
Article 9 The Municipal People's Government shall reinforce exchanges and cooperation with other cities in the Guangdong-Hong Kong-Macao Greater Bay Area, and promote cross-border collaboration, dispute resolution, information sharing, academic research, talent training, and relevant activities regarding the protection of intellectual property rights.
Article 10 The Municipal People's Government shall set up a joint commission for intellectual property at the municipal level and establish a coordination mechanism for intellectual property rights protection to facilitate the resolution of major issues on intellectual property rights protection.
Such joint commission shall be convened by the responsible person of the Municipal People's Government at least once a year. Routine work of the joint commission shall be carried out by the Municipal Competent Department.
Article 11 The system for reporting the implementation progress of intellectual property rights work shall be improved. Any member unit of the joint meeting shall, when identifying any clues relevant to intellectual property rights cases under the jurisdiction of other departments, promptly notify in writing the competent department.
The department that has jurisdiction shall, upon receipt of such notification, take appropriate actions against the case promptly under law.
Article 12 The municipal and district people's governments shall establish an intellectual property rights appraisal system and carry out appraisal on major industrial planning, major government investment projects, and major economic and technological activities, to improve the efficiency of innovation and prevent risks of intellectual property rights.
Article 13 The Municipal People's Government shall establish an assessment mechanism for the performance of intellectual property rights protection duties, to assess the performance of intellectual property rights protection duties by the district people's governments, the Municipal Competent Department, and other administrative departments per law.
The municipal and district people's governments shall, under applicable requirements, commend those groups and individuals that have made outstanding contributions to the protection of intellectual property rights.
Article 14 The Municipal Competent Department and other administrative departments shall, as required by the protection of intellectual property rights, carry out special actions for the protection of intellectual property rights, to intensify rights protection efforts in new fields and new forms of business, including broadband mobile Internet, cloud computing, Internet of Things, big data, high-performance computing, and mobile intelligent terminal.
Article 15 Public security organs shall perform their duties of intellectual property rights protection under law, by intensifying efforts to fight against intellectual property crimes and collaborating with the Municipal Competent Department and other administrative departments in relevant administrative law enforcement actions.
Article 16 Public security organs shall, within the prescribed time limit, decide whether or not to accept any criminal case of alleged intellectual property violation transferred to them, and inform the transferring department of the decision in writing. If, upon examination, the public security organ finds that the case does not fall under its jurisdiction, the case shall be transferred to the department that has the jurisdiction over it and the public security organ shall inform in writing the transferring department of the transfer.
In case of a criminal case of alleged intellectual property rights violation accepted by the public security organs, the articles involved may, after being subject to evidence extraction and lawful seal-up, be sent to the municipal public property storehouse for safekeeping if they are qualified to be dealt with in this manner.
Article 17 The notary offices shall issue a notarization for any application for intellectual property evidence preservation notarization in line with the provisions of laws and regulations to the party concerned within five business days from the date of acceptance. The time, however, required due to force majeure or the need for additional provision of supporting materials or verification of relevant circumstances shall not be included in the aforesaid period.
In case of a notary office in violation of the provisions of the preceding paragraph, it shall be given a warning by the municipal administrative department of justice. If the circumstances are serious, a fine that amounts between 20,000 and 50,000 Yuan shall be imposed.
Article 18 Except for those suspected of intellectual property crimes, the Municipal Competent Department and other administrative departments may, before or after the filing of an intellectual property case, arrange mediation by themselves or by entrusting relevant organizations for the purpose. Where the right holder claims compensation that amounts to less than five times the value of the loss, such claims may be supported. If a mediation agreement is reached and performed before the registration of a case, the case may not be registered. If a mediation agreement is reached and performed after the case has been registered, the punishment may be given in a lighter or mitigated manner, or even remitted if no harm has been caused to any legal rights and interests of any third party or the public.
Article 19 The Intellectual Property Rights Protection Center set up by the Municipal People's Government shall perform the following duties:
(1) undertaking the acceptance, quick review of intellectual property rights applications and confirmation of rights entrusted by the National Administrative Department of Intellectual Property;
(2) spreading knowledge of intellectual property rights and encouraging enterprises to independently create intellectual property innovatively;
(3) providing business consultation on intellectual property rights protection, analysis and alerts, rights protection guidance, immediate right protection, policy research, and other public services;
(4) establishing a one-stop collaborative protection platform for intellectual property with the participation of administrative organs, judicial organs, arbitration institutions, mediation organizations, notarial offices, and other relevant authorities, to strengthen the coordination and connection in administrative law enforcement, dispute mediation, judicial confirmation, appraisal and evaluation, evidence storage and retention, arbitration, notarization, and legal services concerning intellectual property rights;
(5) offering opinions and suggestions on the protection of intellectual property rights;
(6) other duties as prescribed by the Municipal People's Government.
The district people's governments may, based on the actual needs of the protection of intellectual property rights, set up a district-level public service organization for intellectual property rights protection.
Article 20 The Municipal People's Government shall maintain a system of technical investigation officers and employ technical investigation officers to provide specialized technical support in administrative enforcement activities regarding intellectual property rights and to perform the following duties:
(1) providing opinions on the scope, sequence, and methods of the technical fact investigation;
(2) participating in the investigation and collection of evidence, and providing opinions on the investigation methods, procedures, and considerations;
(3) offering opinions on technology investigation;
(4) fulfilling other relevant tasks.
The specific measures for appointing technical investigation officers for administrative law enforcement regarding intellectual property shall be separately formulated by the Municipal People's Government.
Article 21 The municipal intermediate people's court may be equipped with technical investigation officers to provide specialized technical support for the trial of intellectual property-related cases and perform the following duties:
(1) providing opinions on the scope, sequence, and methods of the technical fact investigation;
(2) participating in investigation and collection, inspection and preservation, and providing opinions on relevant methods, procedures, and considerations;
(3) participating in inquiries, hearings, pretrial conferences, and ongoing trials;
(4) offering opinions on technology investigation;
(5) assisting judges in organizing appraisers and professionals in related technical fields for their opinions;
(6) attending deliberation meetings of the collegial panel and other relevant meetings as required;
(7) fulfilling other relevant tasks.
The specific measures for appointing technical investigation officers to intellectual property case trials shall be separately formulated by the municipal intermediate people's court.
Chapter Three Administrative Law Enforcement
Article 22 The Municipal Competent Department and other administrative departments may, when investigating and dealing with intellectual property-related cases, take the following measures:
(1) conducting on-site inspections;
(2) consulting, copying, withholding, or retaining the business records, online sales records, relevant notes, financial books, contracts, and other materials of the parties involved;
(3) requiring the parties involved to explain the facts of the case and submit relevant materials within the prescribed time limit;
(4) sealing up, detaining, registering, or preserving any products and articles suspected of infringement;
(5) implementing on-site investigation using measurement, photographing, and video recording;
(6) requiring the parties to make a live demonstration in the case of an alleged infringement of others' method patent rights, provided that protective measures shall be adopted to prevent information disclosure and fix relevant evidence.
Article 23 The Municipal Competent Department and other administrative departments, when technical support in administrative enforcement regarding intellectual property rights is needed, may invite industrial associations and intellectual property service agencies to send staff to provide on-site assistance in on-site investigation and evidence collection.
In such a case, the Municipal Competent Department and other administrative departments shall take measures to ensure the confidentiality of the information involved in the case. The investigation and evidence collection personnel shall withdraw if they are a person of interest in the case.
Article 24 The revenue gained from illegal businesses that involve intellectual property rights infringement shall be calculated as follows:
(1) where all the infringing products have been sold, the value shall be calculated based on the actual selling price;
(2) where the infringing products have been partially sold (including those in manufacturing, storage, and transportation), the value of the infringing products that have been sold shall be calculated based on the actual selling price, and those products that have not been sold shall be calculated based on the average of the actual selling prices of the infringing products sold;
(3) where no infringing products have been sold (including any in manufacturing, storage, and transportation), the value shall be calculated based on the marked price. Where there is no marked price or the marked price is inconsistent with the value of the products, the median market price of the infringed product shall apply;
(4) where the actual selling price of the infringing product is not available or cannot be ascertained, the calculation shall be based on the median market price of the infringed product.
The "revenue gained from illegal businesses" mentioned in the preceding paragraph refers to the value of the infringing products manufactured, stored, transported or sold by the infringer in infringing upon the intellectual property rights of others. The "marked price" mentioned in sub-paragraph 3 of the preceding paragraph includes the supply price and the selling price as determined in the signed supply contract and sales contract, excluding the contract price in processing contracts with supplied materials for which only the processing fee is charged.
Article 25 If any infringed product is a spare part not sold separately on the market or a component of any products, the revenue gained from illegal businesses may be calculated at the cost price of the production, manufacturing, and processing incurred by the right holder, or at the replacement and maintenance price in case that the aforesaid cost price cannot be ascertained.
If any infringed product is to be sold abroad only, the revenue gained from illegal businesses shall be calculated based on FOB price, or at the median price in the international or domestic market for the same kind of qualified products in case the aforesaid FOB price cannot be ascertained.
Where the infringer has committed multiple infringing acts during a different period and has not been dealt with administratively, the revenue gained from the infringing party's illegal businesses shall be calculated cumulatively.
Article 26 The median market price of the infringed product shall be determined at the suggested retail price of the same product published by the infringed party, or by the following methods if no such suggested retail price is published:
(1) where multiple merchants are selling the same kind of infringed product in the same market, the retail prices offered by some of such merchants shall be used as samples and the average value calculated accordingly shall be deemed as the median market price. In case only one merchant is selling the infringed product, the median market price shall be determined according to the retail price of this merchant;
(2) if no similar infringed product is sold in the market, the median market price shall be determined according to that of similar infringed products previously sold in the market, or at the median market price of similar infringed products on sale that are identical to or similar to the infringed product concerning functions, purposes, main materials, design, and configuration;
(3) in case of distribution by licensing, it shall be determined according to the license fees. In case ofa distribution to multiple licensees, it shall be determined based on the average license fee. Where no sublicense is granted by the right holder of the license, the median market price of the infringed product shall be determined according to the license fees paid, or by referring to the average license fees of the same or similar distributed products of other right holders.
Where it is not possible to determine the median market price according to the provisions of the preceding paragraph, such price may be determined based on the evaluation conducted by a price evaluation institution, or by the Municipal Competent Department or other administrative departments in combination with the provisions of the preceding paragraph and in accordance with the principles that favor the right holder.
Article 27 The Municipal Competent Department and other administrative departments may, in investigating and dealing with intellectual property rights infringement cases in which the alleged infringer refuses to provide, or delays in providing, relevant supporting materials without justified reasons, impose on the infringer a heavier punishment as long as the ascertained fact constitutes an infringement.
Article 28 Upon receipt of a complaint of an intellectual property rights infringement from a right holder or an interested party, the Municipal Competent Department or other administrative departments may, if there is evidence to prove the existence of infringement facts, first issue an injunction ordering the alleged infringer to cease the alleged infringement immediately and deal with the case per law. Before the issuance of an injunction, the right holder or interested party may be required to provide an appropriate guarantee. If, after investigation, the infringement is not established, the injunction shall be lifted without delay.
The alleged infringer may if it refuses to accept the injunction, apply for administrative reconsideration or file an administrative lawsuit per law.
Where the alleged infringer refuses to execute the injunction to cease the alleged infringing acts, and the alleged infringement is subsequently determined to exist, a fine of twice the amount of the illegal business revenue generated since the date of the issuance of the injunction shall be imposed. Where the revenue gained from illegal businesses is immeasurable or less than 50,000 Yuan, a fine that amounts between 30,000 and 100,000 Yuan shall be imposed.
Article 29 The Municipal Competent Department or other administrative departments may, after issuing an injunction per Article 28 hereof, notify the operators of e-commerce platforms to take necessary measures such as deleting, blocking, disconnecting links, and terminating transactions and services to facilitate the enforcement thereof within the prescribed time limit when necessary, and such operators of e-commerce platforms so notified shall cooperate on time.
If such operators of e-commerce platforms delay in cooperating, or refuse to cooperate, in the enforcement of the injunction without justified reasons, the Municipal Competent Department or other administrative departments shall punish per the relevant provisions of theE-Commerce Law of the People's Republic of China.
Article 30 If, after being fined for infringing another person's intellectual property rights, the infringer infringes upon the same intellectual property again within five years from the date on which the administrative penalty decision comes into effect, or infringes upon another person's intellectual property for more than three occasions within five years, the Municipal Competent Department and other administrative departments may impose a penalty doubling thenumber of fines as stipulated by the relevant laws and regulations.
Chapter Four Judicial Protection
Article 31 The people's courts, people's procuratorates, and public security organs shall perform their duties regarding intellectual property rights protection under law, fulfill their respective functions in dealing with intellectual property cases, and cooperate and strengthen judicial protection of intellectual property.
It is necessary to strengthen the connection between administrative enforcement of intellectual property rights and criminal justice and establish working mechanisms such as information sharing, case transfer, coordination and cooperation, supervision and restriction, and accountability investigation between administrative and judicial functions, to ensure that cases involving intellectual property crimes enter judicial proceedings on time and per law.
Article 32 The people's courts, people's procuratorates, and public security organs shall, under the applicable provisions, negotiate and reconcile the standards for registering, prosecuting, and adjudicating intellectual property-related criminal cases and make those standards public.
Article 33 The people's courts shall further promote the reform of the "three-in-one" trial mechanism for civil, criminal, and administrative cases relating to intellectual property.
The people's courts may hear cases involving appearance designs and certain utility models in a centralized and rapid manner, to improve the trial efficiency of patent infringement disputes.
The people's courts shall establish and improve a guidance mechanism for intellectual property rights protection cases from all walks of life and a mechanism for the open hearing of major cases.
Article 34 In the trial of a civil intellectual property case, if the claimant has tried its best to provide evidence and provided preliminary evidence to prove that the other party holds relevant evidence, the people's court may order the other party to provide relevant evidence in its possession. If the other party refuses to provide or provides false evidence without justified reasons, the people's court may presume that the claim made by the claimant in respect of such evidence is established.
Article 35 In civil litigation concerning intellectual property, if a party and its attorney are unable to collect evidence independently for objective reasons, such attorney may apply to the people's court for an order of investigation, in which case the attorney shall, by holding the order of investigation, collect relevant evidence from the entities, organizations or individuals under investigation. Relevant entities, organizations, or individuals shall cooperate accordingly.
Any entity, organization, or individual accepting an investigation delays in cooperating or refuses to cooperate without justified reasons, the people's court may, in light of the seriousness of the case, impose penalties per the provisions of the civil Procedure Law of the People's Republic of China concerning the disruption of civil proceedings.
Article 36 In case of serious and intentional infringement of intellectual property, the people's court shall decide to apply punitive damages per the provisions of national laws. Under any of the following circumstances, the number of punitive damages may be determined on a heavier basis to the extent prescribed by national law:
(1) carrying out any agency or licensing activities without prior authorization from the rights holder after the termination of such agency or license relationship with the right holder, which constitutes an infringement and causes heavy losses to the rights holder;
(2) refusing to perform an order of behavior preservation issued by the people's court by continuously committing relevant infringing acts;
(3) repeatedly engaging in infringing acts after the people's court has made a ruling confirming that such infringement has been established;
(4) refusing to execute the injunction as stipulated in Article 28 of these Regulations that leads to an increase of losses of the rights holder;
(5) repeatedly engaging in infringing acts after the administrative organ has made the administrative decision that such infringement has been established;
(6) other circumstances in which the amount of punitive damages shall be determined ona heavier basis.
Chapter Five Public Services
Article 37 The Municipal Competent Department shall enhance the informatization of intellectual property rights and establish a comprehensive information library for intellectual property rights protection, in order to realize information sharing among administrative organs, judicial organs, industrial associations and intellectual property rights service agencies, and to provide public services such as policy guidance, technical consultation and information intelligence for the protection of intellectual property rights.
The Municipal Competent Department shall develop an online settlement mechanism for intellectual property disputes.
Article 38 The Municipal Competent Department and other administrative departments shall establish and improve an alert and guidance mechanism for intellectual property, reinforce the monitoring and research of the development status, trend and competitive situation of intellectual property, and provide prompt alerts and guidance services for relevant industries and enterprises.
In case of any intellectual property rights event with significant impacts, the Municipal Competent Department and other administrative departments shall promptly make such event public and send alerts of the possible risks.
Article 39 The Municipal Competent Department shall, together with relevant departments, formulate development plans for the intellectual property service industry, and encourage and support the development of intellectual property service industries, including intellectual property consulting, training, agency, appraisal, evaluation, operation and big data application.
Article 40 The Municipal Competent Department shall organize the implementation of specialized training in intellectual property for public welfare purposes to reinforce the cultivation of intellectual property talents.
The training may be undertaken by entrusting institutions of higher education, scientific research institutions, relevant industrial associations, and intellectual property service agencies.
Article 41 The Municipal Competent Department and other administrative departments shall strengthen the publicity and education of intellectual property laws and regulations, spread intellectual property-related knowledge to the public, and raise the awareness of the whole society in intellectual property rights protection.
Article 42 The Municipal Competent Department shall, together with the administrative department of justice, provide legal advice, agency, legal aid, notarization, judicial appraisal, specialized legal training, and other public legal services relating to intellectual property rights protection.
Public legal services may be provided through the purchase of services.
Article 43 The Municipal Competent Department shall, together with relevant departments, deepen the intellectual property administration and guidance for institutions of higher education, scientific research institutions, industrial associations, intellectual property service agencies, high-tech enterprises, and other relevant entities, and direct them to establish and improve internal protection mechanisms.
The Municipal Competent Department shall, together with relevant departments, develop and issue guidelines on intellectual property rights protection for enterprises, formulate contract templates, rights protection procedures, and other operational guidelines, and encourage enterprises to strengthen the development of risk prevention mechanisms.
Article 44 The arbitration institutions, people's mediation organizations, and commercial and industrial mediation organizations shall be supported to carry out arbitration and mediation over intellectual property disputes so that they can deal with intellectual property disputes fairly and efficiently.
The industrial associations and intellectual property service agencies shall be encouraged to establish intellectual property dispute settlement mechanisms to provide convenient and efficient intellectual property dispute settlement services for the parties concerned.
The Municipal Competent Department and the municipal administrative departmentof justice shall provide necessary support and guidance for the establishment of the intellectual property dispute settlement mechanism by industrial associations and intellectual property service agencies.
Article 45 The Municipal People's Government shall strengthen assistance in overseas intellectual property rights protection by establishing an overseas service platform for rights protection assistance, make full use of the Shenzhen Branch of the National Guidance Center for Overseas Intellectual Property Rights Protection and Response by providing guidance in settlement of overseas intellectual property disputes, improving the alert and prevention mechanism for overseas intellectual property disputes, and tracking the changes in overseas intellectual property laws, and issue risk alerts on time, to provide experts, information and legal support for enterprises and other organizations in settlement of overseas intellectual property disputes.
Key industries and enterprises shall be supported in establishing overseas intellectual property rights protection alliances to promote exchanges and cooperation among the members in the field of intellectual property rights protection.
Insurance companiesshall be encouraged to engage in the insurance business in respect of liability for overseas intellectual property infringement, patent enforcement, patent infringement losses, and etc.
Article 46 The industrial associations and intellectual property service agencies shall be supported to set up intellectual property rights protection service platforms to provide intellectual property status retrieval, inquiry and related services in terms of overseas investment, participation in exhibitions, investment solicitation, import and export of products or technologies.
The industrial associations and intellectual property service agencies shall be supported to provide intellectual property custodian services.
Article 47 Volunteering organizations and volunteers shall be supported to participate in activities in connection with intellectual property rights protection and social forces shall be mobilized to contribute to intellectual property rights protection and governance.
Chapter Six Self-regulation Management
Article 48 Enterprises and public institutions shall raise the awareness of intellectual property rights protection, establish and improve the intellectual property rights protection system, strengthen compliance management, and enhance their ability of self-protection.
Article 49 Enterprises may enter into a confidentiality agreement with their employees on trade secrets, to specify the rights and obligations of both parties in keeping internal and third-party trade secrets confidential.
Article 50 Enterprises and public institutions shall, when engaging in investment activities, participation in exhibitions, investment solicitation, import and export of products or technologies, search and inquire promptly about the relevant intellectual property information in relevant countries or regions.
Article 51 The establishment of intellectual property-related trade associations and industrial alliances shall be encouraged.
The trade associations and industrial alliances shall direct and help their members to raise their awareness of intellectual property rights protection, establish and improve the intellectual property rights protection system, and provide their members with business training, information consultation, alerts, rights protection assistance and other services concerning intellectual property rights protection.
Article 52 Intellectual property-related industrial associations and industrial alliances shall be encouraged and supported to develop conventions on intellectual property rights protection, regulate the acts of members, and cause them to respect and protect intellectual property rights.
Intellectual property-related trade associations and industrial alliances may, subject to their charters or aforesaid conventions, impose disciplinary punishment on their members who infringe the intellectual property rights of others, and report the punishment results to the Municipal Competent Department.
Article 53 An intellectual property compliance commitment system shall be established.
To participate in activities such as government-invested projects, government procurement and bidding, government fund support, commendation and awards, a written commitment on non-infringement of intellectual property rights of others shall be submitted to the relevant competent departments and the liability for breach thereof shall be specified when the agreement is signed.
Natural persons, legal persons, and unincorporated organizations shall be encouraged to include the contents of the intellectual property compliance commitment and the corresponding liability for breach thereof in relevant agreements.
Article 54 Operators of e-commerce platforms shall establish a settlement mechanism for intellectual property infringement complaints to strengthen intellectual property rights protection.
Operators of e-commerce platforms may, when accepting complaints of patent infringement regarding utility models and appearance designs, make use of the patent evaluation report issued by the competent national department of intellectual property to accelerate the settlement process.
Article 55 Sponsors and organizers of exhibitions shall safeguard the legal rights and interests of the intellectual property rights holders per law.
Sponsors or organizers of exhibitions shall require the exhibitors to submit a written commitment of non-infringement of intellectual property rights of others and, when necessary, to provide relevant supporting documents of intellectual property rights for compliance review on their intellectual property status.
Any exhibitor that fails to submit the aforesaid written commitment or to provide the aforesaid relevant supporting documents may be prohibited by the sponsor or organizer of an exhibition to participate in specific activities or be disqualified from participating in such exhibition. If any exhibitor provides a false written compliance commitment or violates their compliance commitment, the sponsor or organizer shall cancel its participation qualification and urge it to withdraw.
Article 56 In case of an exhibition lasting for more than three days, its sponsor or organizer shall, independently or together with relevant arbitration institutions, trade associations, intellectual property service agencies, etc, establish an intellectual property dispute settlement agency for the exhibition, and publicize it in a prominent place at the exhibition site.
If the sponsor or organizer of an exhibition, or any intellectual property dispute settlement organization set up by such sponsor or organizer, considers that any exhibiting products constitute infringement and the involved exhibitor fails to prove non-infringement within a specified time limit, the sponsor or organizer shall immediately order the exhibitor to remove such infringing products and transfer the case to the Municipal Competent Department or other administrative departments for settlement per law.
Article 57 Where an exhibitor infringes upon the intellectual property rights of others once again in the exhibition activities held by the same sponsor or organizer or more than twice during the exhibition period, the sponsor or organizer shall prohibit such exhibitor from participating in any exhibition activities held or undertaken by it within two years.
Article 58 Where any sponsor or organizer of the exhibition violates the provisions of Articles 55 to 57 of these Regulations, the Municipal Competent Department or other administrative departments shall order it to make corrections. In case of refusal to make corrections or in serious cases, a suspension of the exhibition shall be imposed.
Chapter Seven Credit-Based Supervision
Article 59 The Municipal Competent Department shall establish and improve a mechanism of intellectual property credit evaluation, publicity of credit information, and joint punishment for dishonesty, and incorporate the following dishonesty and offense information concerning intellectual property of natural persons, legal persons, and unincorporated organizations into the public credit information system:
(1) judicial judgments and administrative penalties in respect of intellectual property rights;
(2) alleged infringement of intellectual property rights of others, suppression of evidence, refusal to accept investigation, and obstruction of administrative law enforcement;
(3) history of infringement upon the intellectual property rights of others in activities such as government-invested projects, government procurement, and bidding, government fund support, commendation, and awards;
(4) provision of false intellectual property application materials or violation of intellectual property compliance commitment in activities such as government-invested projects, government procurement, and bidding, government fund support, commendation, and awards;
(5) other information concerning infringement of intellectual property rights of others that shall be incorporated.
Article 60 The municipal and district people's governments and their functional departments shall, in the examination and approval of government-invested projects, government procurement and bidding, government fund support, commendation and awards, and other administrative activities relating to intellectual property, inquire the public credit status of intellectual property of the relevant natural persons, legal persons, and unincorporated organizations.
Any natural person, legal person, or unincorporated organization that falls under any of the following circumstances shall, within five years, not undertake government-invested projects, participate in government procurement and bidding, or apply for relevant government support funds, commendations and awards:
(1) providing false intellectual property application materials;
(2) refusing to execute any administrative decision or judicial judgment on intellectual property that has already taken effect;
(3) infringing intellectual property rights of others, which constitutes a crime.
(4) engaging in other acts of infringing intellectual property rights of others, causing significant social impact.
In case of any of the circumstances, as stipulated in the foregoing paragraph which is particularly serious, the person or organization may be permanently prohibited from undertaking government-invested projects, participating in government procurement and bidding, or applying for relevant government support funds, commendations and awards.
Article 61 A system on key supervision list of intellectual property-related dishonesty and offenses shall be established.
The Municipal Competent Department may, depending on the seriousness of dishonesty and violation of law in intellectual property rights by natural persons, legal persons and unincorporated organizations, determine the key supervision list and release such list to the public.
Article 62 A right holder or interested party who has objections to the information relating to intellectual property disclosed by the public credit information system may submit an objection application together with relevant evidence, which shall be accepted by the relevant departments per the applicable provisions on the management of public credit information.
Chapter Eight Supplementary Provisions
Article 63 These Regulations shall become effective as of March 1st, 2019, and the Provisions of Shenzhen Special Economic Zone on Strengthening Intellectual Property Rights Protection adopted by the Standing Committee of the Municipal People's Congress on April 1st, 2008, shall be abolished simultaneously.
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