Recently, the Chongming District Market Supervision Bureau (Intellectual Property Office) successfully completed an administrative adjudication case of patent infringement disputes, which is the first patent adjudication case completed by the District Intellectual Property Office after the implementation of the Detailed Rules for the Implementation of the Patent Law of the People's Republic of China granted the administrative adjudication power of patent infringement disputes to the Intellectual Property Office of the Municipality directly under the Central Government.
On January 26, 2024, the petitioner, a company in Shijiazhuang, claimed that a bath towel being sold online by a trading firm in Shanghai was suspected of infringing its design patent right, and filed a request for an administrative ruling on patent infringement with the Chongming District Intellectual Property Office. After receiving the request for adjudication, the Chongming District Intellectual Property Office attached great importance to it, adopted the mode of linkage of the section team, provided guidance by the department, and the district law enforcement brigade undertook the specific work, contacted the requester at the first time, and had a preliminary understanding of the materials and demands provided by the requester. After the case is filed, a collegial group is to be formed in accordance with law, and an investigation is to be launched.
Since both parties operate in other districts or even other provinces and cities, and taking into account factors such as the approaching Spring Festival holiday and the company's holiday, the Chongming District Intellectual Property Office conducts online investigation and communication by telephone, video, mail, etc., which greatly facilitates both parties and speeds up the process of case handling. After grasping the relevant information, the law enforcement personnel, with the consent of both parties, organize the two parties to carry out pre-mediation of the case, and explain the relevant laws and regulations of intellectual property rights to both parties. Under the patient mediation of the law enforcement officers of the collegial group, the two parties finally shook hands and made peace, and signed a mediation agreement under the auspices of the Chongming District Intellectual Property Office. The respondent promised not to sell the bath towel products involved in the case and to remove the relevant products from the shelves. The Claimant undertakes not to pursue legal liability for the sale of the products involved in the case before this mediation agreement. The case was finally closed on April 2.
In the process of handling the case, it received strong support and detailed guidance from the Municipal Intellectual Property Office. At the same time, the Chongming District Intellectual Property Office has organized special study and discussion of laws and regulations related to patent adjudication for many times in response to this case. The successful handling of this case has effectively safeguarded the legitimate rights and interests of the right holders, facilitated the rapid resolution of contradictions and disputes, and accumulated valuable experience for the construction of an administrative adjudication system for patent infringement disputes with sound rule of law, efficient implementation, organic cohesion and strong enforcement at the urban and urban levels.
In the next step, the Chongming District Intellectual Property Office will continue to strengthen the handling of administrative adjudication cases of intellectual property disputes, resolve intellectual property disputes in a timely, efficient and fast manner, and at the same time cooperate with the District Judicial Bureau and the District People's Court to carry out people's mediation and judicial confirmation, quickly resolve conflicts and disputes, build a diversified mechanism for intellectual property dispute resolution, improve the level of intellectual property protection in Chongming District, maintain the market order of fair competition, and provide assistance for creating a first-class business environment.
Source: Chongming Market Supervision Editor: Jiao Qianqian