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Serious violation of intellectual property rights may be punished for dishonesty?
Release Time：
2022-07-04
Subtitle: May serious violations of intellectual property rights be punished for dishonesty? "Beijing Intellectual Property Protection Regulations" implemented this month, 8 questions 8 answers to show you the focus of attention!
Is it feasible to register trademarks by registering hot spots?
How should I complain about intellectual property infringement?
Do you need to pay attention to intellectual property protection in organizing exhibitions?
What are the consequences of serious violations of intellectual property rights?
...
The Regulations of Beijing on the Protection of Intellectual Property Rights (hereinafter referred to as the "Regulations") were passed at the 38th meeting of the Standing Committee of the 15th Municipal People's Congress and took effect on July 1 this year. The Regulations provide for the administrative protection of intellectual property rights, judicial protection, social co-governance, public services, and the multiple mediation of disputes, which are closely related to the production and life of the people. Many questions of public concern were answered.
Q: Is it feasible to register trademarks against hot spots?
A: Of course not! In recent years, malicious application for trademark registration and illegal trademark agency are particularly prominent infringement and illegal acts, such as during the epidemic period, some people want to register the trademarks of "Leishenshan" and "Huoshenshan", and during the Olympic Games, some people try to register the trademarks of "Bing Dwen Dwen" and "Gu Ailing". In order to prevent malicious squatting, the Regulations have specifically added the content of regulating malicious application for trademark registration and illegal trademark agency. Article 15 of the Regulations clearly stipulates that the intellectual property department and the market supervision and administration department shall strengthen the administration of trademarks, regulate the use of registered trademarks, and investigate and deal with violations of the exclusive right to use registered trademarks, malicious application for trademark registration, illegal trademark agency business and other acts in accordance with the law.
Q: How should I complain about intellectual property infringement?
A: You can dial 12345 citizen service hotline or make complaints and reports on its online platform. Article 22 of the Regulations stipulates that any entity or individual shall have the right to lodge complaints and report violations of intellectual property rights to the administrative department for intellectual property protection. At the same time, it is also stipulated that the intellectual property protection management department shall connect with the 12345 citizen service hotline and its network platform, timely handle complaints and reporting clues, and feedback the processing results to the complainants and whistleblowers in accordance with the provisions.
Q: Is the website also responsible for online infringement?
A: It is true that Internet service providers should fulfill the obligations of intellectual property protection. Article 28 of the Regulations lists the provisions that Internet service providers should abide by, including the establishment of intellectual property protection rules; Take measures to prevent infringement; Publicize the main channels for the right holder to submit infringement notices in a prominent position; Timely disclosure of infringement notices, declarations of non-infringement and processing results.
Article 54 of the Regulations also provides for the legal liability of network service providers for non-performance of obligations, and the departments of culture and tourism and market supervision and administration shall order corrections within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed.
Q: Do you need to pay attention to intellectual property protection when holding exhibitions?
A: Of course! Article 29 of the Regulations clearly stipulates the obligations that organizers and organizers of exhibitions, exhibitions, expos and other exhibition activities should fulfill, including carrying out pre-exhibition review, requiring exhibitors to make commitments, setting up a complaint body or appointing a person responsible for accepting complaints, etc., strengthening the intellectual property protection of exhibition activities.
Q: How can you reduce the risk of intellectual property infringement when trading, investing, etc.?
A: The Regulations stipulate that the City shall establish an intellectual property compliance commitment system, and shall make a written commitment not to infringe others' intellectual property rights for participating in relevant government activities. At the same time, market entities shall be encouraged to make a commitment not to infringe others' intellectual property rights in market activities such as trading, investment and cooperation, and agree on the responsibility for violating such commitments.
Q: What are the consequences of serious violations of intellectual property rights?
A: May be punished for breach of trust! Article 33 of the Regulations stipulates that this Municipality shall establish and improve the intellectual property credit evaluation and punishment mechanism for dishonesty, and implement corresponding management and punishment measures for serious violations and dishonesty in the field of intellectual property according to law. The administrative department of intellectual property protection shall, in accordance with the law, share information such as administrative penalties on the municipal public credit information service platform and publish it to the public.
Q: What channels are available to obtain public information on intellectual property?
A: Article 4 of the Regulations stipulates that the City issues a white paper on intellectual property rights every year to publicize the protection status of intellectual property rights in the City to the public. According to the provisions of Article 45 of the Regulations, the Municipality will also build a public information service platform for intellectual property rights, promote information sharing among intellectual property protection and administration departments, people's courts, people's procuratorates, industry associations and intellectual property service agencies, and provide free services such as intellectual property public information inquiry, retrieval and consultation to the society.
Q: What are the ways to deal with infringement disputes?
A: According to the provisions of Articles 49 to 53 of the Regulations, the parties may apply to the intellectual property department for an administrative ruling, apply to the intellectual property protection administration department for mediation, or conduct mediation in an industrial people's mediation organization. At the same time, the city will also establish a dispute litigation and mediation docking mechanism, the people's court can recommend the parties to choose mediation before filing the case to solve the dispute, and can also entrust mediation organizations or mediators with the consent of the parties after filing the case.
The introduction of the Regulations has responded to many issues of public concern, strengthened the whole chain protection of intellectual property rights in the city, and provided a strong legal guarantee for building a demonstration city of a powerful intellectual property power and promoting high-quality development of the capital.
Source | Tongzhou Procuratorate
The author | Second procuratorial department
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