LAWS AND REGULATIONS

(Adopted at the 29th meeting of the Standing Committee of the Sixth People's Congress of Shenzhen on December 27, 2018 and amended in accordance with the Decision on Amending the Regulations on the Protection of Intellectual Property Rights in the Shenzhen Special Economic Zone at the 42nd meeting of the Standing Committee of the Sixth People's Congress of Shenzhen on June 30, 2020)

　Catalogue

Chapter I General provisions

Chapter Two: Working mechanism

Chapter III Administrative law enforcement

Chapter IV Judicial protection

Chapter V Public service

Chapter six self-discipline management

Chapter VII Credit supervision

Chapter VIII Supplementary Provisions

　　Chapter I General rules

Article 1 These Regulations are formulated in accordance with the basic principles of laws and administrative regulations and in light of the actual conditions of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone) in order to strengthen the protection of intellectual property rights, stimulate the vitality of innovation, build a modern international and innovative city, and build a capital of innovation and creativity with world influence.

Article 2 These Regulations shall apply to the working mechanism of intellectual property protection, administrative law enforcement, judicial protection, public services, self-discipline management and credit supervision in the Special Zone.

The term "intellectual property rights" as used in these Regulations refers to the exclusive rights enjoyed by the right holder in accordance with law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, designs;

(3) Trademarks;

(4) Geographical indications;

(5) Trade secrets;

(6) Layout design of integrated circuits;

(7) New varieties of plants;

(8) Other objects stipulated by law.

Article 3 The Shenzhen Municipal People's Government (hereinafter referred to as the Municipal People's Government) and all district people's governments shall incorporate the work of intellectual property protection into the national economic and social development plan, strengthen education, training, publicity, administrative law enforcement and funding guarantee for intellectual property protection, improve the working mechanism for intellectual property protection, and create an environment for intellectual property protection that advocates innovation, is honest and law-abiding.

Article 4 The competent department of intellectual property of the Municipal People's Government (hereinafter referred to as the Municipal competent department) shall be responsible for the overall coordination and organization of the implementation of intellectual property protection, and perform the duties of intellectual property protection according to law.

Development and reform, industry and information technology, scientific and technological innovation, finance, culture, radio, television, tourism and sports, public security, judicial administration, customs and other administrative departments with legal duties for the protection of intellectual property rights shall perform their duties for the protection of intellectual property rights in accordance with relevant laws and regulations and the provisions of these Regulations.

Article 5 The municipal competent department shall issue annual reports on the protection of intellectual property rights.

Article 6 Establish and improve a diversified mechanism for dealing with intellectual property disputes, and realize the effective connection of intellectual property administrative law enforcement, judicial trial, arbitration, mediation and other work.

Article 7 The China (Guangdong) Pilot Free Trade Zone of Shenzhen Qianhai Shekou Area and the Shenzhen-Hong Kong Science and Technology Innovation Cooperation Zone may take the lead in innovating the working mechanism of intellectual property protection and dispute settlement, foreign-related rights protection, comprehensive law enforcement and other aspects, provide convenient and efficient services, build a demonstration zone for intellectual property protection, and promote its exploration results in the whole city when conditions are ripe.

Article 8 The Standing Committee of the Municipal People's Congress shall strengthen the supervision over the work of intellectual property protection and hear the special report of the municipal people's Government on the work of intellectual property protection.　　

Chapter Two: Working mechanism

Article 9 The Municipal People's Government shall strengthen exchanges and cooperation on intellectual property protection with other cities in the Guangdong-Hong Kong-Macao Greater Bay Area, and promote cross-border collaboration on intellectual property protection, dispute resolution, information sharing, academic research and personnel training.

Article 10 The Municipal people's Government shall establish the municipal intellectual property Joint conference, establish the coordination mechanism of intellectual property protection work, and promote the solution of major problems in intellectual property protection work.

The joint meeting shall be convened by the person in charge of the municipal people's Government at least once a year. The daily work of the joint meeting shall be undertaken by the municipal competent department.

Article 11 Improve the reporting system of intellectual property work. When the member units of the joint meeting find clues of intellectual property cases under the jurisdiction of other departments, they shall promptly notify the competent departments in writing.

Upon receipt of the notification, the competent department shall promptly investigate and handle the matter according to law.

Article 12 The municipal and district people's governments shall establish an intellectual property evaluation system to conduct intellectual property evaluation on major industrial plans, major government investment projects and major economic and technological activities, improve innovation efficiency and prevent intellectual property risks.

Article 13 The municipal people's Government shall establish an assessment mechanism for intellectual property protection to assess the performance of intellectual property protection duties by the district people's government, the municipal competent department and other administrative departments according to law.

The municipal and district people's governments shall, in accordance with relevant provisions, commend the collectives and individuals that have made outstanding contributions to the protection of intellectual property rights.

Article 14 The municipal competent department and other administrative departments shall, according to the needs of intellectual property protection, carry out special actions for intellectual property protection, and strengthen the protection of intellectual property in new fields and new business forms such as broadband mobile Internet, cloud computing, Internet of Things, big data, high-performance computing, and mobile intelligent terminals.

Article 15 Public security organs shall perform their duties in intellectual property protection according to law, intensify their efforts to crack down on intellectual property crimes, and cooperate with municipal competent departments and other administrative departments to carry out relevant administrative law enforcement work.

Article 16 The public security organ shall, within the prescribed time limit, decide whether or not to accept the suspected intellectual property crime case transferred, and inform the department that transferred the case in writing. If the case does not fall under its jurisdiction after examination, it shall be transferred to the department that has jurisdiction, and notify the department that transferred the case in writing.

In cases of suspected intellectual property crimes accepted by public security organs, the items involved can be transferred to the municipal public property warehouse for safekeeping after the evidence is extracted and sealed according to law.

Article 17 A notarial office shall issue a notarial certificate to the party concerned for a notarial application for the preservation of intellectual property evidence that complies with the provisions of laws and regulations within five working days from the date of acceptance of the notarial application. However, due to force majeure, the need for additional certification materials or verification of relevant information, the time required is not counted in the time limit.

Where a notarial institution violates the provisions of the preceding paragraph, the municipal department of judicial administration shall give it a warning; If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed.

Article 18 Except for cases suspected of intellectual property crimes, the municipal competent department and other administrative departments may conduct mediation on their own or entrust relevant organizations before or after the filing of intellectual property cases. Where the right holder proposes to pay compensation within five times the amount of the loss, he may support it. Where a mediation agreement has been reached and completed before filing a case, the case may not be filed. If a mediation agreement is reached after filing the case and the implementation is completed, a lighter or mitigated punishment may be given according to law; If the lawful rights and interests of a third party or the public interests are not harmed, he may be exempted from punishment.

Article 19 The intellectual property protection center established by the Municipal People's Government shall perform the following duties:

(1) To undertake the work of accepting, examining and confirming applications for intellectual property rights as entrusted by the competent intellectual property authorities of the State;

(2) Publicity and promotion of intellectual property-related knowledge to promote independent innovation in intellectual property;

(3)To provide intellectual property protection business consultation, analysis and early warning, guidance on rights protection, rapid rights protection, policy research and other public welfare services;

(4) Establish a one-stop platform for collaborative protection of intellectual property rights involving administrative organs, judicial organs, arbitration institutions, mediation organizations and notarial institutions, and strengthen the connection and linkage of intellectual property administrative law enforcement, dispute mediation, judicial confirmation, appraisal and evaluation, documentation and consolidation, arbitration, notarization and legal services;

(5) To put forward opinions and suggestions on the protection of intellectual property rights;

(6) Other duties prescribed by the municipal people's Government.

The district people's government may, according to the actual needs of intellectual property protection work, establish district public service institutions for intellectual property protection.

Article 20 The municipal people's Government shall establish a system of technical investigators and equip them with technical investigators to provide professional technical support for intellectual property administrative law enforcement activities and perform the following duties:

(1) To give opinions on the scope, sequence and method of technical fact investigation;

(2) Participate in the investigation and collection of evidence, and give opinions on its methods, steps and matters needing attention;

(3) To submit technical investigation opinions;

(4) Complete other related work.

The specific measures for assigning technical investigators to intellectual property administrative law enforcement shall be formulated separately by the municipal People's Government.

Article 21 The Municipal Intermediate People's Court may appoint technical investigators to provide professional technical support for the trial of intellectual property cases and perform the following duties:

(1) To give opinions on the scope, sequence and method of technical fact investigation;

(2) To participate in investigation and collection of evidence, inspection and preservation, and to give opinions on the methods, steps and matters needing attention;

(3) To participate in interrogations, hearings, pre-trial meetings, and court hearings;

(4) To put forward technical investigation opinions;

(5) Assisting judges in organizing appraisers and professionals in related technical fields to put forward opinions;

(6) To attend, as necessary, the deliberations of the collegial panel and other relevant meetings;

(7) Complete other related work.

The specific measures for appointing technical investigators for the trial of intellectual property cases shall be formulated separately by the Municipal Intermediate People's Court.

　　Chapter III Administrative law enforcement

Article 22 When investigating and handling intellectual property cases, the municipal competent department and other administrative departments may take the following measures:

(1) On-site inspection;

(2) To consult, copy, temporarily withhold or seal up the business records, network sales records, bills, financial books, contracts and other materials of the parties;

(3) Requiring the parties to explain the facts of the case and submit relevant materials within the prescribed time limit;

(4) To seal up, detain, register and preserve products and articles suspected of infringement;

(5) Conducting on-site investigation by means of surveying, photographing, videotaping, etc.;

(6) Where the patent right of another person's method is suspected to be infringed, the parties shall be required to conduct an on-site demonstration, but protective measures shall be taken to prevent disclosure and the relevant evidence shall be fixed.

Article 23 If the municipal competent department and other administrative departments need technical support in the process of intellectual property administrative law enforcement, they may invite industry associations and intellectual property service institutions to send personnel to assist in on-site investigation and collection of evidence.

Where assistance is invited for on-site investigation and collection of evidence, the municipal competent department and other administrative departments shall take protective measures for the information involved in the case to prevent disclosure. Persons assisting in the investigation and collecting evidence who have an interest in the case shall withdraw.

Article 24 The amount of illegal business operations for intellectual property infringement shall be calculated according to the following methods:

(1) Where all the infringing products have been sold, the value shall be calculated according to the actual sales price;

(2) Where the infringing product has been partially sold or partially not sold (including manufacturing, storage and transportation), the value of the infringing product sold shall be calculated according to the actual sales price, and the value of the infringing product not sold shall be calculated according to the actual average sales price of the infringing product sold;

(3) If the infringing product is not sold (including manufacturing, storage and transportation), the value shall be calculated according to the marked price; Where there is no listed price or the listed price is obviously inconsistent with the value of the product, the calculation shall be based on the intermediate market price of the infringed product;

(4) Where there is no actual sale price of the infringing product or the actual sale price cannot be ascertained, the price shall be calculated according to the intermediate market price of the infringing product.

The amount of illegal business as mentioned in the preceding paragraph refers to the value of the infringing product manufactured, stored, transported and sold by the infringer in the course of the act of infringing the intellectual property rights of others; The price mentioned in item 3 of the preceding paragraph includes the supply price and sales price determined in the signed supply contract and sales contract, except the contract price in the processing contract for incoming materials where processing fees are only charged.

Article 25 Where an infringed product is an accessory or a component part of a product that is not sold separately on the market, the amount of the illegal business may be calculated according to the cost price of production, manufacturing or processing by the right holder. If the cost price cannot be determined, the amount of illegal business may be calculated according to the price of replacement and maintenance.

Where the infringing product is sold only abroad, the amount of the illegal business shall be calculated on the basis of the FOB price; Where the offshore price cannot be ascertained, the amount of illegal business may be calculated by reference to the intermediate price of the same qualified product in the international market or the intermediate price in the domestic market.

Where the infringer has repeatedly committed an infringement at different times and has not been dealt with administratively, the amount of his illegal business shall be calculated cumulatively.

Article 26 The intermediate market price of an infringed product shall be determined according to the official guiding retail price of the same product published by the infringed party. If the official guiding retail price is not published, it shall be determined according to the following methods:

(1) If there are more than one merchant selling the same infringing product in the same market, the retail prices of some of these merchants shall be sampled and the average of them shall be taken to determine the middle price of the market; If there is only one merchant selling, the middle price of the market shall be determined according to the retail price of that merchant;

(2) If the same kind of infringed product is not sold in the market, it shall be determined according to the intermediate price of the same kind of infringed product sold in the market before, or according to the intermediate price of the same kind of infringed product sold in the market that is identical or similar to the infringing product in terms of function, use, main materials, design, configuration, etc.;

(3) Distribution by license shall be determined according to the license fee; Distribution to multiple licensees shall be determined according to the average of the license fee. Where the licensed right holder does not sublicense the use of the product to others, the license fee shall be determined according to the license fee it obtained, or by reference to the average license fee of the same or similar distribution products of other right holders.

If it is difficult to determine the intermediate market price in accordance with the provisions of the preceding paragraph, it may be determined by the price appraisal institution after appraisal, or it may be determined by the municipal competent department or other administrative department in accordance with the provisions of the preceding paragraph and in accordance with the principle of benefiting the right holder.

27th municipal competent department and other administrative departments in the investigation of intellectual property infringement cases, suspected infringer refuses to provide without legitimate reasons or fails to provide relevant certification materials within the time limit, based on the facts found to constitute infringement, the infringer may be severely punished.

Article 28 Where the right holder or interested party complains about the infringement of intellectual property rights, the municipal competent department or other administrative department may first issue an injunction, order the suspected infringer to stop the suspected infringement immediately and deal with the matter according to law if there is evidence to prove the existence of the infringement facts. Before issuing an injunction, the right holder or interested party may be required to provide appropriate security. If, after investigation, the infringement is not established, the injunction shall be lifted promptly.

If the suspected infringer refuses to accept the injunction, he may apply for administrative reconsideration or file an administrative lawsuit according to law.

If the suspected infringer refuses to enforce the injunction to stop the suspected infringement, and is found to constitute infringement, he shall be fined twice the amount of the illegal business from the date of issuance of the injunction. If the amount of illegal business cannot be calculated or the amount of illegal business is not more than 50,000 yuan, a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed.

Article 29 After the municipal competent department or other administrative departments issue the ban in accordance with the provisions of Article 28 of these Regulations, they may, as necessary, notify the e-commerce platform operators to take necessary measures to assist in the implementation of the ban within the prescribed period of time, such as deleting, blocking, disconnecting links, terminating transactions and services, and receiving the notification, the e-commerce platform operators shall cooperate in a timely manner.

Where the notified e-commerce platform operator delays or refuses to cooperate with the implementation of the ban without justifiable reasons, the municipal competent department or other administrative departments shall punish it in accordance with the relevant provisions of the E-commerce Law of the People's Republic of China.

Article 30 After the infringer has been fined for infringing the intellectual property rights of others, if the infringer infringes the same intellectual property rights again within five years from the date of the effective decision of administrative penalty, or infringes the intellectual property rights of others more than three times within five years, the municipal competent department and other administrative departments may impose a double penalty in accordance with the corresponding fine amount stipulated by relevant laws and regulations.

　　Chapter IV Judicial protection

Article 31 People's courts, people's procuratorates and public security organs shall perform their duties for intellectual property protection in accordance with law, divide responsibilities in handling intellectual property cases, cooperate with each other, and strengthen judicial protection of intellectual property rights.

Strengthen the connection between administrative law enforcement of intellectual property rights and criminal justice, establish working mechanisms for information sharing, case transfer, coordination, supervision and restriction, and accountability between administrative and judicial organs, and ensure that cases suspected of intellectual property crimes enter judicial procedures in a timely manner according to law.

Article 32 People's courts, people's procuratorates and public security organs shall, in accordance with relevant provisions, consult and unify the standards for filing, prosecuting and adjudicating criminal cases concerning intellectual property rights, and make them public.

Article 33 The people's courts shall further promote the reform of the "three-in-one" trial mechanism for intellectual property civil, criminal and administrative cases.

The people's courts may conduct centralized and expedited trials of design cases and some utility model cases to improve the trial efficiency of patent infringement disputes.

The people's courts shall establish and improve the case guidance mechanism for intellectual property protection in all fields and the open trial mechanism for major cases.

Article 34 When a people's court tries a civil case concerning intellectual property rights, the party claiming the right has tried its best to provide evidence and has provided preliminary evidence that the other party holds relevant evidence, the people's court may order the other party to provide the relevant evidence in its possession; If the other party refuses to provide evidence or provides false evidence without justifiable reasons, the people's court may assume that the claim of the party claiming the right regarding the evidence is established.

Article 35 In intellectual property rights civil proceedings, where the parties and their lawyers acting as agents are unable to collect evidence on their own due to objective reasons, the lawyers acting as agents may apply to the people's court to issue an investigation order, and the lawyers acting as agents shall, with the investigation order, investigate and collect relevant evidence from the unit, organization or individual under investigation. Relevant units, organizations or individuals shall cooperate.

Where a unit, organization or individual under investigation delays or refuses to investigate without justifiable reasons, the people's court may, in light of the seriousness of the circumstances, impose penalties in accordance with the provisions of the Civil Procedure Law of the People's Republic of China on obstruction of civil proceedings.

Article 36 Where the circumstances of intentional infringement of intellectual property rights are serious, the people's court shall decide to apply punitive damages in accordance with the provisions of State law. Under any of the following circumstances, the amount of punitive damages may be redetermined within the range prescribed by national laws:

(1) after the termination of the agency, licensing relationship with the right holder without the consent of the right holder to continue to perform the agency, licensing acts constitute infringement and cause heavy losses to the right holder;

(2) refusing to comply with the people's court's act preservation order and continuing to carry out relevant infringing acts;

(3) committing the same infringing act again after the people's court has made the ruling that the infringing act is established;

(4) refusing to implement the injunction provided for in Article 28 of these Regulations, resulting in increased losses for the right holder;

(5) committing the same infringing act again after the administrative organ has made an administrative decision confirming the establishment of the infringing act;

(6) other circumstances in which the amount of punitive damages needs to be redetermined.

　　Chapter V Public service

Article 37 The municipal competent department shall strengthen the construction of intellectual property information, establish a comprehensive information database for intellectual property protection, realize information sharing among administrative organs, judicial organs, trade associations and intellectual property service institutions, and provide public services such as policy guidance, technical consultation and information for intellectual property protection.

The municipal competent department shall establish an online handling mechanism for intellectual property disputes.

Article 38 The municipal competent department and other administrative departments shall establish and improve the early warning and guidance mechanism for intellectual property rights, strengthen the monitoring and research of the development status quo, trend and competition situation of intellectual property rights, and provide early warning and guidance services for relevant industries and enterprises in a timely manner.

For intellectual property incidents with significant impact, the municipal competent department and other administrative departments shall promptly announce to the public and issue early warnings on possible risks.

Article 39 The municipal competent department shall, together with relevant departments, formulate the development plan for intellectual property service industry, and encourage and support the development of intellectual property service industry such as intellectual property consulting, training, agency, appraisal, evaluation, operation and big data application.

Article 40 The municipal competent department shall organize the professional training of public welfare intellectual property and strengthen the training of intellectual property personnel.

The training may be entrusted to institutions of higher learning, scientific research institutions, relevant industry associations and intellectual property service agencies.

Article 41 The municipal competent department and other administrative departments shall strengthen the publicity and education of intellectual property laws and regulations, popularize the knowledge related to intellectual property, and enhance the awareness of the whole society on intellectual property protection.

Article 42 The municipal competent department shall, together with the judicial administrative department, provide public legal services such as legal consultation, agency, legal aid, notarization, judicial appraisal and legal professional training related to the protection of intellectual property rights.

Public legal services can be provided through the purchase of services.

Article 43 The municipal competent department shall, together with relevant departments, strengthen the guidance on the management of intellectual property rights of institutions of higher learning, scientific research institutions, trade associations, intellectual property service agencies and high-tech enterprises, and guide them to establish and improve the internal protection mechanism.

The municipal competent department shall, together with relevant departments, compile and issue guidelines for the protection of intellectual property rights of enterprises, formulate operational guidelines such as contract templates and rights protection processes, and encourage enterprises to strengthen the construction of risk prevention mechanisms.

Article 44 Support arbitration institutions, people's mediation organizations, commercial mediation and industrial mediation organizations in carrying out arbitration and mediation of intellectual property disputes, and handle intellectual property disputes fairly and efficiently.

Industry associations and intellectual property service agencies are encouraged to establish intellectual property dispute resolution mechanisms to provide parties with convenient and efficient intellectual property dispute settlement services.

The municipal competent department and the judicial administrative department shall provide necessary support and guidance to trade associations and intellectual property service agencies in establishing intellectual property dispute handling mechanisms.

Article 45 The Municipal People's Government shall strengthen the assistance work of overseas intellectual property protection, establish an overseas protection assistance service platform, give full play to the role of the Shenzhen Branch of the National Intellectual Property Rights Overseas Protection Response and Guidance Center, provide guidance on overseas intellectual property disputes, improve the early warning and prevention mechanism of overseas intellectual property disputes, and track the revision and change of overseas intellectual property laws. Timely release of risk early warning and prompt information to provide experts, information and legal support for enterprises and other organizations to handle intellectual property disputes overseas.

Support key industries and enterprises to establish overseas intellectual property rights protection alliances, and promote exchanges and cooperation among alliance members in the field of intellectual property protection.

Insurance institutions are encouraged to carry out insurance services such as overseas infringement liability insurance, patent execution insurance, and patent infringement loss insurance.

Article 46 Support industry associations and intellectual property service agencies in establishing intellectual property protection service platforms, providing services such as searching and inquiring about intellectual property status in overseas investment, participation in exhibitions, investment promotion, import and export of products or technologies.

To support industry associations and intellectual property service agencies in carrying out intellectual property custody business.

Article 47 Support volunteer organizations and volunteers to participate in activities related to intellectual property protection, and mobilize social forces to participate in intellectual property protection and governance.

　　Chapter six self-discipline management

Article 48 Enterprises and institutions shall raise their awareness of intellectual property protection, establish and improve intellectual property protection systems, strengthen compliance management, and enhance their ability to protect themselves.

Article 49 An enterprise may sign a trade secret confidentiality agreement with its employees to stipulate the rights and obligations of both parties in keeping the trade secrets of the enterprise and the third party.

Article 50 Enterprises and institutions shall, when carrying out overseas investment, participation in exhibitions, investment promotion, import and export of products or technologies, promptly search and inquire about the relevant intellectual property rights of the relevant countries or regions.

Article 51 The establishment of intellectual property-related trade associations and industrial alliances is encouraged.

Trade associations and industrial alliances shall guide and help members and alliance members to raise their awareness of intellectual property protection, establish and improve intellectual property protection systems, and provide members and alliance members with services such as intellectual property protection business training, information consultation, early warning and assistance for safeguarding rights.

Article 52 Encourage and support intellectual property-related trade associations and industrial alliances to formulate conventions on the protection of intellectual property rights, regulate the behavior of members and alliance members, and respect and protect intellectual property rights.

The intellectual property-related trade association or industry alliance may, in accordance with its articles of association or convention, advise and punish any member or alliance member who infringes the intellectual property rights of others, and inform the municipal competent department of the situation of such admonitions and punishments.

Article 53 Promote the establishment of an intellectual property compliance commitment system.

Those who participate in government investment projects, government procurement and tendering and bidding, government fund support, commendation and awards, etc., shall submit a written commitment to the relevant competent authorities that they have not infringed the intellectual property rights of others, and agree on the responsibility for breach of commitment when signing the agreement.

Natural persons, legal persons and unincorporated organizations are encouraged to agree on the content of intellectual property compliance commitments and the corresponding liability for breach of contract.

Article 54 E-commerce platform operators shall establish a complaint handling mechanism for intellectual property infringement and strengthen intellectual property protection.

When dealing with complaints of patent infringement of utility models and designs, e-commerce platform operators may use the patent right evaluation report issued by the competent intellectual property department of the State to quickly deal with them.

Article 55 Exhibition organizers and contractors shall safeguard the legitimate rights and interests of intellectual property rights holders according to law.

The exhibition organizer or organizer shall require the exhibitor to submit a written commitment of compliance that does not infringe the intellectual property rights of others, and may require the exhibitor to provide relevant supporting documents of intellectual property rights when necessary to conduct compliance review of the intellectual property rights status of the exhibition projects.

If the exhibitor fails to submit the written compliance commitment or fails to provide the relevant supporting documents of intellectual property rights as required, the exhibition organizer or organizer shall not allow the exhibitor to participate in the specific activities of the exhibition or may cancel the exhibitor qualification; If the exhibitor provides false written compliance commitments or violates the compliance commitments, the exhibition organizer or organizer shall cancel the exhibitor qualification and clean up the exhibition.

Article 56 If the exhibition lasts for more than three days, the organizer or organizer of the exhibition shall set up an intellectual property dispute settlement institution of the exhibition by itself or with arbitration institutions, trade associations, intellectual property service institutions, etc., and publicize it in a prominent place of the exhibition.

If the exhibition organizer, organizer or organizer or the exhibition intellectual property dispute settlement organization established by the organizer or organizer considers that the exhibiting products constitute infringement and the exhibiting party is unable to prove that there is no infringement within a limited time, the exhibition organizer or organizer shall immediately order the exhibiting party to remove the exhibiting infringing products and transfer them to the municipal competent department or other administrative departments for handling according to law.

Article 57 If an exhibitor infringes the intellectual property rights of others again during an exhibition organized or organized by the same exhibition organizer or organizer, or infringes the intellectual property rights of others twice or more during the exhibition, the exhibition organizer or organizer shall prohibit the exhibitor from participating in the exhibition organized or organized by the exhibitor within two years.

Article 58 If the exhibition organizer or organizer violates the provisions of Articles 55 to 57 of these Regulations, the municipal competent department or other administrative departments shall order it to make corrections; Those who refuse to make corrections or whose circumstances are serious shall be ordered to suspend the exhibition.

　　Chapter VII Credit supervision

Article 59 The municipal competent department shall establish and improve the intellectual property credit evaluation, integrity publicity and joint punishment mechanism for dishonesty, and incorporate the following intellectual property dishonesty and illegal information of natural persons, legal persons and unincorporated organizations into the public credit information system:

(1) Intellectual property judicial judgments and administrative penalties;

(2) suspected of infringing others' intellectual property rights, concealing evidence, refusing to accept investigation, and hindering administrative law enforcement;

(3) being found to have infringed others' intellectual property rights in government investment projects, government procurement and bidding, government fund support, commendation and awards, etc.;

(4) providing false intellectual property application materials or violating intellectual property compliance commitments in activities such as government investment projects, government procurement and bidding, government funding support, commendation and awards;

(5) other information that should be included that infringes on the intellectual property rights of others.

Article 60 The municipal and district people's governments and their functional departments shall inquire about the public credit status of intellectual property rights of relevant natural persons, legal persons and unincorporated organizations when conducting administrative activities related to the examination and approval of government investment projects, government procurement and bidding, government fund support, commendation and awards.

Natural persons, legal persons and unlegal organizations under any of the following circumstances may not undertake government investment projects, participate in government procurement and bidding, apply for government support funds and awards within five years:

(1) providing false intellectual property application materials;

(2) refusing to implement effective administrative decisions or judicial judgments on intellectual property rights;

(3) infringement of the intellectual property rights of others constitutes a crime;

(4) other acts of infringing upon the intellectual property rights of others have caused significant social impact.

Where there are any circumstances specified in the preceding paragraph and the circumstances are particularly serious, it may be permanently prohibited from undertaking government investment projects, participating in government procurement and tendering and bidding, and applying for relevant government support funds and commendation awards.

Article 61 Establish a list system for key supervision of intellectual property dishonesty and violations.

The municipal competent department may, according to the severity of the violation of intellectual property rights by natural persons, legal persons and unjuridical organizations, determine the list of key supervision and publish it to the public.

Article 62 Where the right holder or interested person has objections to the intellectual property related information disclosed by the public credit information system, he or she may file an objection application and submit relevant evidence, which shall be handled by the relevant department in accordance with the relevant provisions on the management of public credit information.

　　Chapter VIII Supplementary Provisions

Article 63 These Regulations shall come into force as of March 1, 2019, and the Provisions on Strengthening the Protection of Intellectual Property Rights in Shenzhen Special Economic Zone adopted by the Standing Committee of the Municipal People's Congress on April 1, 2008 shall be repealed simultaneously.