"Operation Blue Sky": Heavy crackdown on unqualified patent agents, Zhejiang fined and confiscated 2.49 million yuan in a single case-Industry News-Shenzhen deep trust patent Agency Co., LTD

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"Operation Blue Sky": Heavy crackdown on unqualified patent agents, Zhejiang fined and confiscated 2.49 million yuan in a single case

Release Time：

2022-06-08

The behavior of unqualified patent agents seriously disrupts the order of the agency industry. Strictly cracking down on unqualified patent agents is one of the key tasks of the "Blue Sky" special rectification action. Recently, an organization in Zhejiang was fined and confiscated more than 2.49 million yuan for engaging in patent agency business without approval. The amount of fines and confiscations is the largest amount currently investigated and punished for illegal patent agency cases without qualifications. The Zhejiang Provincial Market Supervision Bureau (Intellectual Property Office) received clues from the State Intellectual Property Office and found that the agency was suspected of unqualified patent agency behavior, and immediately opened a case for investigation. The agency began in 2016 to carry out patent agency business without obtaining a license to practice as a patent agency. Since March 1, 2019 (the date of implementation of the new Patent Agency Regulations), the agency has represented 137 patent applicants in a total of 566 patent applications, with patent agency fees of more than 840,000 yuan, deducting taxes and fees paid. More than 10,000 yuan, and illegal income of more than 830,000 yuan. The agency also engaged in abnormal patent applications, which was regarded as a severe punishment. The Zhejiang Provincial Market Supervision Bureau (Intellectual Property Office) decided to impose an administrative penalty of confiscating illegal gains and imposing a fine of more than 2.49 million yuan.

Recently, an organization in Zhejiang was fined and confiscated more than 2.49 million yuan for engaging in patent agency business without approval. The amount of fines and confiscations is the largest amount currently investigated and punished for illegal patent agency cases without qualifications. The Zhejiang Provincial Market Supervision Bureau (Intellectual Property Office) received clues from the State Intellectual Property Office and found that the agency was suspected of unqualified patent agency behavior, and immediately opened a case for investigation. The agency began in 2016 to carry out patent agency business without obtaining a license to practice as a patent agency. Since March 1, 2019 (the date of implementation of the new Patent Agency Regulations), the agency has represented 137 patent applicants in a total of 566 patent applications, with patent agency fees of more than 840,000 yuan, deducting taxes and fees paid. More than 10,000 yuan, and illegal income of more than 830,000 yuan. The agency also engaged in abnormal patent applications, which was regarded as a severe punishment. The Zhejiang Provincial Market Supervision Bureau (Intellectual Property Office) decided to impose an administrative penalty of confiscating illegal gains and imposing a fine of more than 2.49 million yuan.

This case has a great deterrent effect on the behavior of unqualified patent agents and demonstrates the determination to strictly rectify unqualified patent agents. In the next step, the State Intellectual Property Office will intensify its crackdown on unqualified patent agents, purify the industry environment, and promote the healthy and orderly development of the intellectual property agency industry.

Administrative penalty decision document number: Zhejiang Municipal Supervision and Punishment [2022] No. 15;

Case name: Hangzhou XX Information Technology Co., Ltd.’s violation of intellectual property management regulations;

Name of the person being punished: Hangzhou XX Information Technology Co., Ltd.;

Name of legal representative of the unit being punished: Chen Xdong;

Main illegal facts: Since 2016, the party Hangzhou XX Information Technology Co., Ltd. has carried out patent agency business without authorization without obtaining the license to practice as an agent from a patent agency. It has undertaken patent agency business online and offline. The applicant signs the "Intellectual Property Entrustment Agreement" and the "VIP Project Consulting Contract" offline, or undertakes the contract online and collects agency fees. After preparing the patent application documents, in the name of the patent applicant, submit the application to the state through the same patent electronic application client. Submit patent application documents to the Intellectual Property Office. Since March 1, 2019, the parties have represented 137 patent applicants in a total of 566 patent applications, with a patent agency fee of 845,085 yuan. By the time he was discovered, after deducting 13,010.55 yuan in taxes and fees paid, the illegal income was 832,074.45 yuan.

Types and basis of administrative penalties: Violation of intellectual property management regulations;

Administrative penalty content: The party Hangzhou XX Information Technology Co., Ltd. conducted patent agency business without obtaining a patent agency license, which falls under Article 52, Item 2 of the "Patent Agency Management Measures" and Article 2 of the "Patent Agency Regulations" The illegal acts of conducting patent agency business without authorization as listed in Article 17. The party concerned engaged in abnormal patent application without obtaining a patent agency license and the circumstances were serious. However, in view of the party's ability to actively cooperate with the investigation, truthfully state the illegal facts and proactively provide evidence materials, after comprehensive consideration, it was decided to impose a fine of twice the illegal income. In accordance with the provisions of Article 27 of the Patent Agency Regulations, the party was ordered to cease illegal activities and decided to impose the following penalties on the parties concerned:

(1) Confiscating illegal gains of 832,074.45 yuan;

(2) A fine of 1,664,148.9 yuan.

The above-mentioned fines and confiscations totaled 2,496,223.35 yuan.

Methods of implementation of administrative penalties: penalty decisions;

Administrative penalty performance period:;

Name of administrative penalty authority: Provincial Market Supervision Bureau (Provincial Intellectual Property Office);

Administrative penalty date: 2022-04-15

Kindly inform you: Be sure to find a regular patent office! ! !

Source: State Intellectual Property Office Government WeChat, Zhejiang Provincial People’s Government website

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