- 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
- 中国单位或者个人在国内申请专利和办理其他专利事务的，可以委托专利代理机构办理。 Where any Chinese entity or individual applies for a patent or has other patent matters to attend to in the country, it or he may appoint a patent agency to act as its or his agent.
- 专利侵权纠纷涉及新产品制造方法的发明专利的，制造同样产品的单位或者个人应当提供其产品制造方法不同于专利方法的证明； Where any infringement dispute relates to a patent for invention for a process for the manufacture of a new product, any entity or individual manufacturing the identical product shall furnish proof to show that the process used in the manufacture of its or his product is different from the patented process.
- 当事人对工商行政管理部门责令停止侵权行为、罚款的处理决定不服的，可以在收到通知十五天内，向人民法院起诉；期满不起诉又不履行的，由有关工商行政管理部门申请人民法院强制执行。 Where any interested party is dissatisfied with the decision of handling made by the administrative authority for industry and commerce to order him to stop the infringing act or to impose a fine, he may, within fifteen days from receipt of the notice, institute legal proceedings with the people's court. If there have been instituted no legal proceedings or made no performance of the decision (to impose a fine) at the expiration of the said period, the administrative authority for industry and commerce shall request the people's court for compulsory execution thereof.
- 申请专利的发明创造有专利法第二十四条第（三）项所列情形的，国务院专利行政部门认为必要时，可以要求申请人在指定期限内提交证明文件。 Where any invention-creation in an application for a patent falls under the circumstance enumerated in Item (3) of Article 24 of the Patent Law, the administrative department for patent under the State Council may, when considered necessary, require the applicant to submit a certified document within a specified time limit.
- 当事人委托专利代理机构的，文件送交专利代理机构；未委托专利代理机构的，文件送交请求书中指明的联系人。 Where any party concerned has entrusted a patent agency, the document shall be sent to the patent agency; where no patent agency has been entrusted, the document shall be sent to the contact designated in the written request.
- 伪造、擅自制造他人注册商标标识或者销售伪造、擅自制造的注册商标标识，构成犯罪的，除赔偿被侵权人的损失外，依法追究刑事责任。 Where any party counterfeits, or makes, without authorization, representations of a registered trademark of another person, or sells such representations of a registered trademark as were counterfeited, or made without authorization, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.
- 经许可使用他人注册商标的，必须在使用该注册商标的商品上标明被许可人的名称和商品产地。商标使用许可合同应当报商标局备案。 Where any party is authorized to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods that bear the registered trademark. The trademark license contract shall be submitted to the Trademark Office for record.
- 销售明知是假冒注册商标的商品，构成犯罪的，除赔偿被侵权人的损失外，依法追究刑事责任。 Where any party sells goods that he knows bear a counterfeited registered trademark, and the case is so serious as to constitute a crime, he shall be prosecuted, according to law, for his criminal liabilities in addition to his compensation for the damages suffered by the infringee.
- 委托专利代理机构的，由专利代理机构盖章。 Where any patent agency is entrusted, such agency shall affix its stamp.
- 多缴、重缴、错缴专利费用的，当事人可以自缴费日起１年内，向国务院专利行政部门提出退款请求。 Where any patent fee is over-paid, re-paid or wrongly paid, the party concerned may, within 1 year as of the payment date, claim a refund to the administrative department for patent under the State Council.
- 以授予专利权的外观设计与他人在先取得的合法权利相冲突为理由请求宣告外观设计专利权无效，但是未提交生效的能够证明权利冲突的处理决定或者判决的，专利复审委员会不予受理。 Where anyone requests invalidation of a patent right for design with the reason that the design on which the patent right is granted is in conflict with the lawful rights obtained earlier by others, but fails to submit the effective disposal decision or judgment which can prove the conflict of the rights, the Patent Re-examination Board shall not accept it.
- 由国际局以中文以外的文字进行国际公布的，自国务院专利行政部门公布之日起适用专利法第十三条的规定。 where it is published by the International Bureau in a language other than Chinese, it shall be subject to Article 13 of the Patent Law as of the date of publication by the administrative department for patent under the State Council.
- 法律、法规和规章另有规定举办体育竞赛应当经国家体育行政部门批准的，举办人应当按照有关规定办理报批手续。 Where laws, statutes and regulations provide for the organization of specific sports contests to be approved by the State physical cultural administrative department, the sponsor must apply for such approval accordingly.
- 抵押权人与抵押人未就抵押权实现方式达成协议的，抵押权人可以请求人民法院拍卖、变卖抵押财产。 Where no agreement on the means of realizing the mortgage right is achieved between the mortgagee and the mortgagor, the mortgagee may require the people's court to auction or sell off the mortgaged property.
- 发明专利申请公布后至专利权授予前使用该发明未支付适当使用费的，专利权人要求支付使用费的诉讼时效为二年，自专利权人得知或者应当得知他人使用其发明之日起计算， Where no appropriate fee for exploitation of? the invention, subject of an application for patent for invention, is paid during the period from the publication of the application to the grant of patent? right, prescription for instituting legal proceedings by the patentee to demand the said fee is two years counted from the date on which the patentee obtains or should have obtained? knowledge of the exploitation of his invention by another person.
- 当事人没有在合同中订立仲裁条款，事后又没有书面仲裁协议的，可以直接向人民法院起诉。 Where no arbitration clause is stipulated in the contract and no written arbitration agreement is concluded after the contract has been signed, any party may institute proceedings directly in a people's court.
- 未写明使用外观设计的产品所属类别或者所写的类别不确切的，国务院专利行政部门可以予以补充或者修改。 Where no indication, or an incorrect indication, of the category to which the product incorporating the design belongs is made, the administrative department for patent under the State Council may supply the indication or correct it.
- 期满未补正的，该生物材料视为未提交保藏。 Where no rectification has been made at the expiry of the time limit, the biomaterial shall be deemed to have not been submitted for deposit.
- 期满未补正的，该无效宣告请求视为未提出。 Where no rectification has been made at the expiry of the time limit, the request for invalidation shall be deemed to have not been filed.
- 期满未补正的，该复审请求视为未提出。 Where no rectification has been made at the expiry of the time limit, the request for re-examination shall be deemed to have not been filed.
- 期满未答复的，不影响专利复审委员会审理。 where no response has been made at the expiry of the time limit, the hearing of the Patent Re-examination Board shall not be affected.
- 期满未答复的，该复审请求视为撤回； Where no response has been made at the expiry of the time limit, the request for re-examination shall be deemed to have been withdrawn.
- 合同另有约定的，也可以按照合同支付报酬。 Where otherwise agreed to in a contract, remuneration may be paid in accordance with the terms of the said contract.
- 质权人的行为可能使质押财产毁损、灭失的，出质人可以要求质权人将质押财产提存，或者要求提前清偿债务并返还质押财产。 Where pledged properties may be damaged or lost by act of the pledgee, the pledger may ask for the pledgee to submit them to a competent authority for keeping or require pay debts in advance and take back them.
- 因特殊情况需要临时占用体育设施的，必须经体育行政部门和建设规划部门批准,并及时归还；按照城市规划改变体育场地用途的,应当按照国家有关规定，先行择地新建偿还。 Where temporary occupation of sports installations and facilities is necessitated by special circumstances, it shall be subject to the approval of the administrative department for physical culture and sports and the department of construction planning and such installations and facilities shall be returned without delay. If any sports field is to be used for other purposes according to urban planning, new sports field shall, in accordance with the relevant regulations of the State, be constructed beforehand for replacement.
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