Guangxi Patent Regulations to be implemented On the morning of August 30, the Patent Regulations of Guangxi Zhuang Autonomous Region (hereinafter referred to as the Regulations) was announced at a press release. It is learnt that the Regulations will be put into effect on September 1, 2012.
In terms of innovation incentives, the Regulations rules as the followings: first, the people’s governments above county level and competent authorities should enhance guidance to patent work and improve their service; second, the people’s governments above county level should deploy funds to subsidize patents, develop patent early warning, right safeguarding aid, publicity and training and promote patent creation, use, protection and management; third, compile catalogues for key technologies and research projects on important product search, and those projects that probably generate patents should be included into science plan with governmental financial support; fourth, the people’s government of the autonomous region should establish patent subsidiary and rewarding system; fifth, agencies being rewarded patents should reward the inventors and designers of service invention and creation; and sixth, patents should be the basis for the inventors and designers when applying for similar professional technical positions.
In regard with patent utilization, the Regulations rules from five aspects. First, projects with patented technologies and patented technology industrialization projects should be entitled to priority under the same condition; second, encourage agencies and individuals to take every measure to promote patent implementation; third, competent authorities in charge of patents should improve patented technology transfer mechanism and guide universities and scientific institutions and enterprises to enhance the transfer and use with license of patented technologies; fourth, encourage commercial banks to develop patent pledge loan business, spirit up guarantee agencies give first rank to patented technology industrialization projects in financial assurance; and the last, the autonomous region should give support to the establishment of patented technology trade market.
The Regulations make eight rules to protect patents. First, any unit and person should not infringe others’ patent rights, should not imitate patents and should not provide convenience for other offenders; second, build responsibility system on patent administrative law enforcement and set up hot-lines for reports and complaints; third, for patent infringement disputes, patent holders and stakeholders can report to competent authorities responsible for patents or bring a civil action to the people’s courts; fourth, define the ruling of patent infringement disputes; fifth, make clear the materials to be submitted to patent administrations for the disposal of patent disputes; sixth, define the functions and powers of patent administrations in investigation and evidence collection when handling patent disputes; seventh, define the measures taken by patent administrations to deal with patent infringement and counterfeiting.
(Source: IPR in China)