- 中国文化与知识产权法律法规中英数据库 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
中国文化与知识产权法律法规中英数据库
- 无正当理由逾期不提交的，该申请即被视为撤回。 If, at the expiration of the specified time limit, without any justified reason, the said documents are not furnished, the application shall be deemed to have been withdrawn.
- 如果依照前款规定，专利权人或者专利权转让人不向被许可实施专利人或者专利权受让人返还专利使用费或者专利权转让费，明显违反公平原则，专利权人或者专利权转让人应当向被许可实施专利人或者专利权受让人返还全部或者部分专利使用费或者专利权转让费。 If, pursuant to the provisions of the preceding paragraph, the patentee or the assignor of the patent right makes no repayment to the licensee or the assignee of the patent right of the fee for the exploitation of the patent or of the price for the assignment of the patent right, which is obviously contrary to the principle of equity, the patentee or the assignor of the patent right shall repay the whole or part of the fee for the exploitation of the patent or of the price for the assignment of the patent right to the licensee or the assignee of the patent right.
- 侵权人期满不起诉又不停止侵权行为的，管理专利工作的部门可以申请人民法院强制执行。 The said authority handling the matter may, upon the request of the parties, mediate in the amount of compensation for the damage caused by the infringement of the patent right.? If the mediation fails, the parties may institute legal proceedings in the people's court in accordance with the Civil Procedure Law of the People's Republic of China. If, within the said time limit, such proceedings are not instituted and the order is not complied with, the administrative authority for patent affairs may approach the people's court for compulsory execution.
- 申请人无正当理由逾期不请求实质审查的，该申请即被视为撤回。 If, without any justified reason, the applicant fails to meet the time limit for requesting examination as to substance, the application shall be deemed to have been withdrawn.?
- 无正当理由逾期不答复的，该申请即被视为撤回。 If, without any justified reason, the time limit for making response is not met, the application shall be deemed to have been withdrawn.
- 二、正确处理文物保护与经济建设以及人民群众切身利益的关系，切实做好文物的抢救与保护工作。 II.Correct Handling of Relations between the Protection of Cultural Relics and Economic Construction as well as the Practical Interests of the Masses and Earnestly Doing a Good Job in the Rescue and Protection of Cultural Relics
- 三、充分发挥文物作用，为社会主义精神文明建设服务 III.Bringing into Full Play the Role of Cultural Relics in the Service of Building of Socialist Spiritual Civilization
- 公安、海关、工商行政管理部门依法没收的重要文物， 应当移交给文化行政管理部门。 Important cultural relics confiscated according to law by public security organs, the Customs and the departments for the administration of industry and commerce shall be turned over to the departments for cultural administration.
- 依照专利法第九条的规定，两个以上的申请人在同一日分别就同样的发明创造申请专利的，应当在收到国务院专利行政部门的通知后自行协商确定申请人。 In accordance with Article 9 of the Patent Law, two or more applicants who, on the same day, file applications for patent regarding identical invention-creations, shall, after receiving the notification from the administrative department for patent under the State Council, negotiate between themselves at their own discretion to determine who shall be entitled to file the application.
- 侵害物权，除承担民事责任外，违反行政管理规定的，依法承担行政责任；构成犯罪的，依法追究刑事责任。 In addition to assuming civil liabilities, any entity or individual infringing upon a real right shall assume the administrative liabilities where it/he violates any provision on administrative regulation; in case any crime is established, it/he shall assume the criminal liabilities.
- 除前款规定的外，国务院专利行政部门受理发明专利申请后，应当将需要进行保密审查的申请转送国务院有关主管部门审查； In addition to the preceding paragraph, the administrative department for patent under the State Council shall, after accepting a patent application for invention, transmit it to the relevant competent department of the State Council for examination if such invention needs to be examined for its confidential nature.
- 除前款规定的情形外，对已经注册的商标有争议的，可以自该商标经核准注册之日起一年内，向商标评审委员会申请裁定。 In addition to those cases as provided for in the preceding paragraph, any person disputing a registered trademark may, within one year from the date of approval of the trademark registration, apply to the Trademark Review and Adjudication Board for adjudication.
- 当事人善意取得其他物权的，参照前两款规定。 In case a related party obtains any other form of real right in good faith, the preceding two paragraphs shall apply by reference.
- 业主转让建筑物内的住宅、经营性用房，其对共有部分享有的共有和共同管理的权利一并转让。 In case an owner alienates his residential house or the house used for business purposes within the building, the common ownership and the common management right enjoyed by him/her over the common parts shall be alienated at the same time.
- 违反国有财产管理规定，在企业改制、合并分立、关联交易等过程中，低价转让、合谋私分、擅自担保或者以其他方式造成国有财产损失的，应当依法承担法律责任。 In case any entity or individual, in the process of enterprise restructuring, merger, division or affiliated transactions, causes losses of state-owned assets by way of transferring at a low price, conspiring to distribute them secretly, providing guarantee with them without authorization or any other way with violation of the provisions on the management of state-owned assets, it/he shall assume legal liabilities in accordance with law.
- 因登记错误，给他人造成损害的，登记机构应当承担赔偿责任。登记机构赔偿后，可以向造成登记错误的人追偿。 In case any registration organ causes damages to any other person by virtue of any mistake in registration, it shall assume the liability for compensation. The registration organ may, after making the compensation, recover the amount from the person who causes the registration mistake.
- 因自然灾害严重毁损承包地等特殊情形，需要适当调整承包的耕地和草地的，应当依照农村土地承包法等法律规定办理。 In case it is necessary to readjust the cultivated land or grassland as contracted by virtue of such especial events as natural calamities that have materially injured the contracted land, a readjustment may, in accordance with the legal provisions in the law on the contracting of rural land and other related laws, be carried out.
- 管理专利工作的部门对管辖权发生争议的，由其共同的上级人民政府管理专利工作的部门指定管辖；无共同上级人民政府管理专利工作的部门的，由国务院专利行政部门指定管辖。 In case of a jurisdictional dispute between the departments for the administration of patent work, it shall be designated by the department for the administration of patent work under the people's government at a higher level over both jurisdictions; where there is no such department for the administration of patent work under the people's government at a higher level over both, jurisdiction shall be designated by the administrative department for patent under the State Council.
- 提交的文件邮递延误的，申请人自发现延误之日起１个月内证明该文件已经在本细则第一百零一条规定的期限届满之日前５日交付邮寄的，该文件视为在期限届满之日收到。 In case of any delay in the mail delivery of a submitted document, and if the applicant has proven within 1 month as of his/its discovery of the delay that the document to be delivered has been sent by mail 5 days before the expiry of the time limit provided in Article 101 of these Rules, the document shall be deemed to be received on the date of the expiry of the time limit.
- 保险方如果不及时偿付，则应承担违约责任，自确定赔偿金额之日起十日后开始按中国人民银行当时对企业短期贷款利率支付违约金。 In case of failure to pay within the prescribed time, the Insurer shall be liable for breach of the contract and subject to a penalty commencing from the eleventh day following the date on which the amount of indemnity is determined, according to the interest rate then prevailing for short term loans to enterprises as set by the People's Bank of China.
- 保险方如果终止合同，对终止合同前投保方欠交的保险费及利息，仍有权要求投保方如数交足。 In case of termination of the contract, the Insurer shall remain entitled to require the Insured to pay the full amount of the premium in arrears and the interest due hereon before the contract is terminated.
- 如果按法律或者保险合同的协议，保险方提前终止保险合同时，则应将按日计算的未到期的保险费，退还投保方。 In case the contract of insurance is terminated by the Insurer prior to its expiry pursuant to law or to the agreement of the contract of insurance, the premium to be calculated pro rata daily for the unexpired period shall be refunded to the Insured.
- 业主大会或者业主委员会作出的决定侵害业主合法权益的，受侵害的业主可以请求人民法院予以撤销。 In case the legitimate rights and interests of any owner has been injured by any decision made by the owners' assembly or the owners' committee, the injured owner may require the people's court to cancel the decision.
- 预告登记后，债权消灭或者自能够进行不动产登记之日起三个月内未申请登记的，预告登记失效。 In case the obligee's right is terminated after the advance notice registration is made, or the application for the registration of the realty is not filed within 3 months as of the date when it can be registered, the advance notice registration shall lose its effect.
- 申请登记的不动产的有关情况需要进一步证明的，登记机构可以要求申请人补充材料，必要时可以实地查看。 In case the related situation of the realty under application for registration needs further proving, the registration organ may request the applicant to provide supplementary materials and conduct on-the-spot inspection where necessary.
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