Mr. Danny Friedmann's paper "How to work within China’s IPR enforcement system for trademark and design rights" takes SIPO as one of the administrative IPR enforcement routes in China:
"Article 3 Patent Law promulgates that the State Intellectual Property Office (SIPO) is responsible for the patent work throughout the country, including the enforcement of counterfeit patented products and patent infringement. Provincial offices generally deal with patent complaints. Pursuant to article 57 Patent Law when parties are unwilling to consult with each other or where the consultation fails, the parties may institute legal proceedings in the people’s court or request SIPO to handle the matter. When an infringement is established, SIPO may order an injunction and upon request of the parties mediate in the amount of compensation for the damage caused by the infringement. ... Where a person passes off the patent of another, he shall be ordered by SIPO, pursuant to article 58 Patent Law, to amend his act. SIPO will confiscate the illegal earnings and may impose a fine of not more than three times the illegal earnings, or if there are no illegal earnings, a fine of not more than RMB 50,000. If the infringement constitutes a crime, SIPO will transfer the case to the People’s Security Bureau. SIPO has limited enforcement resources. Therefore, it has less power than the other administrative bodies."
The patent administration department under the State Council, namely SIPO, is responsible for the patent work throughout the country, including receiving and examination of patent applications and grant of patent rights for inventions-creations, but excluding "the enforcement of counterfeit patented products and patent infringement".
SIPO NEVER handles patent infringement disputes in China. The local administrative authority for patent affairs under the local governments takes the role.
"Article 3 Patent Law promulgates that the State Intellectual Property Office (SIPO) is responsible for the patent work throughout the country, including the enforcement of counterfeit patented products and patent infringement. Provincial offices generally deal with patent complaints. Pursuant to article 57 Patent Law when parties are unwilling to consult with each other or where the consultation fails, the parties may institute legal proceedings in the people’s court or request SIPO to handle the matter. When an infringement is established, SIPO may order an injunction and upon request of the parties mediate in the amount of compensation for the damage caused by the infringement. ... Where a person passes off the patent of another, he shall be ordered by SIPO, pursuant to article 58 Patent Law, to amend his act. SIPO will confiscate the illegal earnings and may impose a fine of not more than three times the illegal earnings, or if there are no illegal earnings, a fine of not more than RMB 50,000. If the infringement constitutes a crime, SIPO will transfer the case to the People’s Security Bureau. SIPO has limited enforcement resources. Therefore, it has less power than the other administrative bodies."
The patent administration department under the State Council, namely SIPO, is responsible for the patent work throughout the country, including receiving and examination of patent applications and grant of patent rights for inventions-creations, but excluding "the enforcement of counterfeit patented products and patent infringement".
SIPO NEVER handles patent infringement disputes in China. The local administrative authority for patent affairs under the local governments takes the role.
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