Guanghan Market Supervision Bureau has made an administrative ruling of the first county -level patent infringement dispute in the province

Recently, the Guanghan Market Supervision and Administration Bureau (Intellectual Property Bureau) successfully handled a patent infringement dispute between enterprises and designing patent infringement, and made an official administrative ruling of patent infringement disputes. Cases of patent infringement disputes handled by district and county -level market supervision departments by administrative ruling.

Patent infringement disputes involved in the professional fields and difficulty in professional fields. They are generally handled by prefecture -level market supervision departments in accordance with the law. The district and county -level market supervision departments are mainly responsible for the provision of case clues and investigation and evidence collection. After 2021, Deyang became the first batch of provincial patent infringement disputes, and the Guanghan Market Supervision Bureau took the lead in carrying out the patent infringement dispute between the district and county market supervision bureau with the spirit of "dare to be the world" to meet the corporate protection knowledge nearby protection knowledge. Requirements for property rights.

After receiving a request for the treatment of patent infringement disputes on the exterior design of the milk tea packaging design proposed by a company in a patent person in Guanghan, the bureau quickly filed a case and set up a case underwriting group. Because the patent person had reported the request for the person who was requested on the grounds of improper competition, before firing a request for patent infringement disputes, the market supervision department used the name, packaging, and decoration of commercial names, packaging, and decoration of the request. Confusion has undergone administrative penalties. Therefore, the commercial confusion involving the same product is unreasonable and the case of violations is intertwined with the dispute over appearance infringement, and the case is extremely complicated.

The case withdrawal group faced the difficulties. Through a large number of investigations, the basic facts of the case were found out, and with the support of the trademark and patent department of the Deyang Market Supervision Bureau, it was clarified. The review principles of observation and comprehensive judgment "preliminary determination of whether patent infringement constitutes a patent infringement. In order to prevent the risk of administrative litigation that may bring for the first time, the Guanghan Market Supervision Bureau also notified the parties to the dispute for the first time before the formal ruling. The opportunity to state opinions on both sides. Finally, the Guanghan Market Supervision Bureau comprehensively judged that the request person did not constitute the infringement of the patent involved in the case according to the evidence provided by the request for the evidence provided by the request, the response situation of the request, the statement of the two parties, and the expert consultation opinion of the experts. After the administrative ruling was delivered, both parties recognized the ruling result and did not file an administrative lawsuit within the statutory period. At this point, a difficult patent infringement dispute has been successfully resolved.

It is understood that in the next step, the Guanghan Market Supervision Bureau will take the opportunity of the successful handling of patent infringement disputes as an opportunity to further improve the ability to deal with patent infringement disputes, and use the low cost and high efficiency advantages of administrative means in the handling of patent infringement disputes. Give full play to the role of "diversion valve" in the handling of administrative rulings in the handling of civil disputes to motivate scientific and technological innovation and optimize the business environment. (Ji Gui Ying Chen Di reporter Cheng Boquan)

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