We Serve the Latest News of IP Industry
for Your Reference
In its recent announcement, the National Intellectual Property Administration promulgated the Regulations on Intellectual Property Credit Management (hereinafter referred to as the Regulations)
With six Chapters and twenty-six Articles, the Regulations clarify the following six acts as the act of dishonesty: abnormal patent application behavior that does not aim at protecting innovation, malicious trademark registration application, engagement in patent and trademark agency in violation of laws and administrative regulations and subject to administrative punishment by CNIPA, act of submitting false materials or concealing important facts to apply for administrative confirmation, applicable credit commitments found to be untrue or unfulfilled, and deliberate evasion from reasonable administrative punishment and administrative ruling. The Regulations also clarify the legal documents for identifying dishonesty, the identification procedure, the management period, the deregulation of management measures, the publicity of dishonesty subjects, the relief methods, and the conditions and procedures for credit repair.
With an aim to guide the applicants of abnormal patent to actively correct errors, the Regulations further point out that, if the consequences brought by abnormal patent application behaviors can be corrected in time and actively eliminated, the accusation of dishonesty can be revoked.
Based on relevant duties of CNIPA, such as administrative punishment and administrative adjudication, the Regulations clarify the relevant procedures, including the identification of serious violations of laws and promises, the implementation of management measures and publicity, and pay attention to the connection with the Administrative Measures for the List of Serious Violations of Laws and promises in Market Supervision and Management.