Article 1: In order to implement the requirements for establishing a high-level intellectual property protection system in Pudong New Area, strengthen the protection of the entire chain of intellectual property rights, and take the lead in building an international intellectual property protection highland with complete systems, sound systems, and superior environment, These regulations are formulated in accordance with the basic principles of laws and administrative regulations and in combination with the actual conditions of Pudong New Area. Article 2 The People's Government of Pudong New Area shall strengthen its leadership over intellectual property protection, coordinate and promote major matters in intellectual property protection, integrate and optimize intellectual property protection resources, and improve the system and mechanism for the unified management of intellectual property and the construction of a comprehensive service platform. , comprehensively promote comprehensive law enforcement in the field of intellectual property rights, and strengthen educational publicity and funding guarantees for intellectual property protection.

The Pudong New Area Intellectual Property Department is responsible for the overall coordination and organization and implementation of intellectual property protection work, carries out comprehensive acceptance of relevant business of the national intellectual property department in Pudong New Area, and comprehensively exercises the relevant departments' intellectual property rights in accordance with their authority or upon acceptance of entrustment. administrative enforcement power in the field, and cooperate with the national intellectual property department to carry out administrative enforcement of integrated circuit layout design.

The Pudong New Area Intellectual Property Protection Center has established and improved a "one-stop" protection mechanism for intellectual property affairs, connected with the national intellectual property protection platform, and promoted the "one-stop processing" of national intellectual property affairs in Pudong New Area, and can rely on " The "One Network Unified Management" platform assists in carrying out relevant administrative law enforcement work stipulated in the preceding paragraph. Article 3 The intellectual property department of Pudong New Area shall provide pre-examination services in accordance with the regulations of the national intellectual property department for patent applications that are submitted for accelerated examination in fields such as biomedicine, high-end equipment manufacturing, and new generation information technology.

The intellectual property department of Pudong New Area should cooperate with the national intellectual property department to carry out rapid rights confirmation services such as priority review of patent reexamination invalidation cases, remote video hearing of patent invalidation cases, and promote joint trials of patent rights confirmation cases and administrative adjudication cases. Article 4 If units and individuals entrust a professional institution to conduct a patent enforcement investigation on whether a product or technology infringes upon the patent rights of others and obtain a patent enforcement investigation report during the stages of patent implementation, entry into foreign markets, or preparation for listing, this can be used as a basis for determining whether intentional infringement has occurred. reference basis. Article 5 In administrative law enforcement procedures for copyright infringement involving public interests, if the respondent claims that it does not assume liability for infringement, it shall provide evidence to prove that it has obtained the permission of the right holder, or has the legal right to do so without the permission of the right holder. and can be used. If the respondent cannot provide or the evidence provided is insufficient to overturn the infringement evidence provided by the complainant, the respondent's behavior may be determined to constitute copyright infringement. Article 6 If an entity or individual applies for trademark registration in bad faith, the applicant shall be given a warning. If there is any illegal income, a fine of five times the illegal income may be imposed and a maximum of not more than 50,000 yuan may be imposed; if there is no illegal income, a fine of 30,000 yuan may be imposed. A fine of less than RMB 10,000. Article 7 prohibits any unit or individual from committing the following acts that violate the provisions on the protection of geographical indications:

(1) By using the name or product description of a geographical indication product, causing the public to mistakenly believe that the product comes from a protected geographical indication within the scope of origin;

(2) Using the protected geographical indication product name or its free translation, transliteration, or literal translation on identical or similar products outside the scope of origin, or using the words "class" and "class" at the same time "Type", "style", "imitation" and other expressions;

(3) Using special signs of geographical indications on products without approval;

(4) In-process products Using signs similar to the special signs for geographical indications on the website, causing the public to mistake them for special signs for geographical indications;

(5) Selling the above-mentioned products.

Anyone who violates the provisions of the preceding paragraph shall be ordered to immediately stop the illegal activities, confiscate and destroy illegally produced and sold products and tools for counterfeiting special signs of geographical indications; if the illegal business volume exceeds 50,000 yuan, he may be fined If there is no illegal business volume, the illegal business volume is difficult to calculate, or the illegal business volume is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. If you do not know that you are selling a product that violates the provisions of the preceding paragraph, and you can prove that you obtained the product legally and explain the supplier, you will be ordered to stop selling it. Article 8 In the administrative law enforcement procedures for trade secrets, if the trade secret obligee provides preliminary evidence to prove that it has taken confidentiality measures for the claimed trade secrets and reasonably shows that the trade secrets have been infringed, the alleged infringer shall prove the rights claimed by the obligee. It is not a trade secret or there is no infringement of trade secrets.

For infringement of trade secrets, in addition to handling it in accordance with the provisions of the "Law of the People's Republic of China and the State Against Unfair Competition", the infringer shall also be ordered to return or destroy the drawings and drawings containing trade secrets. Software or other related media shall not continue to disclose, use or allow others to use trade secrets. If the infringer uses the right holder's trade secrets to produce products that have not yet been sold, the infringer shall be supervised to destroy them, except where the right holder agrees to purchase or agrees to the infringer's continued sales.

If the right holder requests the People's Court to return or destroy drawings, software or other relevant carriers containing trade secrets, and to clear the trade secret information under its control, the People's Court shall support the request. Article 9 The organizer of convention and exhibition activities shall not allow exhibitors to participate in the exhibition who have not submitted an intellectual property compliance commitment or proof of relevant intellectual property ownership.

If an exhibit item is complained of infringement by the right holder, the organizer of the exhibition event shall immediately require the exhibitor to provide a non-infringement certificate within a limited time; if the exhibitor is unable to provide it, the organizer of the exhibition event shall immediately take steps to cover it up or download it. Take measures such as setting up exhibits or canceling the qualification to participate in the exhibition.

If the organizer of a convention and exhibition activity violates the provisions of paragraphs 1 and 2 of this article, it will be given a warning and may be fined not less than 30,000 yuan but not more than 100,000 yuan.