A certain number of regulations that before courtyard of top person civil code appeals to about be opposite, stop to encroach problem of statute of patent action comfortable use
(already passed at trying the 1179th meeting of committee by top people court on June 5, 2001. Grant to announce now, apply since July 1, 2001. )
Law commentate 2001 〕 of 〔 20
For cogent protection patent person is mixed the legitimate rights and interests of other interests person, basis " general rule of civil code of People's Republic of China " , " exclusive law of People's Republic of China " (exclusive law of the following abbreviation) , " code of civil law of People's Republic of China " (code of civil law of the following abbreviation) concerned regulation, concern now before appealing to, stop to violate patent act a certain number of problems set applicable law as follows:
The first basis exclusive law the 61st regulation, before interests person can put forward to appeal to to people court, patent person perhaps instructs the application that is stopped to violate patent act by the applicant.
Offer the interests person of application, include contract of patent executive license be waited for by the lawful heir of right of permissive person, patent property. Contract of patent executive license is permitted philtrum, of contract of exclusive executive license can be put forward to apply for to people court alone by permissive person; Below the is not filed in patent person by permissive person case that discharges contract of his executive license, can offer application.
The application that stops to violate patent act is instructed before the 2nd appeals to, ought to to the people court with patent tort jurisdictional case puts forward.
The 3rd patent person or interests person offers application to people court, ought to present written application state; Application form ought to carry bright party reachs his the item such as the specific content of fundamental condition, application, limits and reason. The reason of application includes what rights and interests is made up for hard to if check not in time,can make an applicant lawful about behavior damaged specific specification.
When the 4th applicant offers application, ought to submit following evidence:
(one) patent person ought to submit the document that proves its patent is true and valid, include book of requirement of patent certificate, right, manual, patent year cost pays a voucher. The application that offer involves practical and new-style patent, the retrieval that the applicant ought to refer service of patent of the State Council to issue reports.
(2) the proof data that interests person ought to provide concerned patent to carry out permissive contract to reach its to put on record in service of patent of the State Council, without the ought to refer patent person proof that put on record, perhaps prove its enjoy the other evidence of the right.