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Shanghai Intellectual Property Administration

Shanghai Intellectual Property Administration. About SIPA. Shanghai Intellectual Property Administration. Internal Structure of SIPA. From October, 1984 Shanghai Patent Bureau. General Affairs Office. Division of Planning and Development. Division of Policies & Legal Affairs.

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Shanghai Intellectual Property Administration

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  1. Shanghai Intellectual Property Administration

  2. About SIPA

  3. Shanghai Intellectual Property Administration Internal Structure of SIPA From October, 1984 Shanghai Patent Bureau General Affairs Office Division of Planning and Development Division of Policies & Legal Affairs From April, 2000 Shanghai Intellectual Property Administration Division of Patent Management Division of International Cooperation & Communication Division of Coordination (General Office of Shanghai IP Joint Committee)

  4. Shanghai Intellectual Property Administration Network of SIPA Shanghai Municipal Government S I P O State Intellectual Property Office, PRC SI P A Shanghai IP Service Center General Office, Shanghai IP Joint Committee Local IP Bureaus in 17 Districts, Shanghai Municipality

  5. Shanghai Intellectual Property Administration Function 1 Function 3 Function 2 Main Functions of SIPA IP Legislation: which includes implementing the relevant national laws, regulations, rules and policies in patent aspect, drafting and enforcing local patent regulations, rules and policies, carrying out publicity activities on patent laws, regulations and policies, making plans concerning IP education and training in Shanghai. IP Service: which includes improving public service on IP information; taking responsibility of establishing the local public service system on patent information; promoting the use and spread of patent information; guiding and regulating patent service agencies and IP valuation work with relevant local authorities; guiding the IP aid service and IP arbitration. Patent Management:which includes implementing policies to promote patent utilization & technology commercialization, administrating patent technology markets and patent license trading, counting, analyzing and reporting local patent statistics to the State IP Office”, taking responsibilities on receiving patent applications, collecting patent fees, providing consultation & answering inquiry, with authorization from SIPO.

  6. Function 5 Function 4 Shanghai Intellectual Property Administration Main Functions of SIPA Patent Protection: which includes organizing and coordinating local IP protection, establishing IP law enforcement mechanism and launching the enforcement activities, charging the patent protection work in local exhibitions & trading fairs, handling and mediating patent disputes. International Communication: which includes researching latest international IP development, coordinating the foreign-related IP matters in Shanghai, promoting communication & cooperation with other countries together with Hong Kong, Macao and Taiwan regions in patent field.

  7. Patent Administrative Protection in Shanghai

  8. Shanghai Intellectual Property Administration IP Protection System in Shanghai Shanghai IP Protection System “Double-track” Solutions Third Channel Administrative Protection by Government Authority Judicatory Protection by Local Court Shanghai Intellectual Property Arbitration Center Judicial Protection by Local Court Civil Case Criminal Case Administrative Case Intermediation Administrative Decision

  9. Shanghai Intellectual Property Administration Patent Administrative Protection Procedures

  10. Request of Mediation Administrative Decision Shanghai Intellectual Property Administration The Scope of Cases Patent infringing cases (1) any dispute over the ownership of the right to apply for patent and patent rights;  (2) any dispute over the qualification of the inventor or creator; (3) any dispute over the award and remuneration of the inventor or creator of a service invention-creation; (4) any dispute over the appropriate fee to be paid for the exploitation of an invention after the publication of the application for patent but before the grant of patent right.

  11. Shanghai Intellectual Property Administration Patent Administrative Protection by SIPA In 2012, SIPA handled55 patent infringement & patent dispute cases in total.

  12. Advantages and Disadvantages

  13. Advantages Shanghai Intellectual Property Administration The Advantages of Administrative Protection “S”—save money “O”—operate Flexibly “F”—fast in proceeding “T”—technical expertise

  14. Disadvantages Shanghai Intellectual Property Administration The Disadvantages of Administrative Protection The scope of cases No pecuniary compensation No compulsory measures Judicial review

  15. Shanghai Intellectual Property Administration Please Contact us:

  16. Shanghai Intellectual Property Administration

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