Agreement on Administrative Resolution of Disputes over Registration of Industrial Property and New Plant Varieties
关于行政方式解决工业产权及新植物品种注册争议的协议
ຂໍ້ຕົກລົງ ວ່າດ້ວຍການແກ້ໄຂຂໍ້ຂັດແຍ່ງທາງດ້ານບໍລິຫານ ກ່ຽວກັບການຈົດທະບຽນ ຊັບສິນອຸດສາຫະກຳ ແລະ ພັນພືດໃໝ່
Summary
This Agreement issued by the Ministry of Industry and Commerce stipulates the principles, procedures, and steps for resolving disputes concerning registration of industrial property rights and new plant varieties (opposition, refusal, revocation, cancellation) through administrative means, handled by the Administrative Dispute Resolution Committee established by the Department of Intellectual Property in accordance with this Agreement.
Articles
Article 1
Purpose. This Agreement stipulates the principles, rules, and procedures for resolving administrative disputes concerning the registration of industrial property and new plant varieties, in order to concretize the relevant provisions of the Intellectual Property Law, aiming to ensure that the registration of industrial property and new plant varieties complies with laws and regulations and is uniformly implemented nationwide.
Article 2
Administrative Dispute Resolution for Industrial Property Rights and New Plant Variety Registrations. Administrative dispute resolution for industrial property rights and new plant variety registrations refers to the process by which the Administrative Dispute Resolution Committee handles objections, refusals, cancellations, or requests for revocation concerning industrial property rights and new plant variety registrations, in accordance with the procedures stipulated in this Agreement.
Article 3
Definition of Terms. The terms used in this Agreement shall have the following meanings: 1. "Claimant" means an individual, legal person, or organization that submits a request for resolution of administrative disputes concerning industrial property and new plant variety registrations; 2. "Respondent" means an individual, legal person, or organization against whom an objection, refusal, or cancellation concerning its industrial property and new plant variety registration is requested; 3. "Parties" means the claimant and the respondent; 4. "Request" means the dossier document submitted for resolution of administrative disputes concerning industrial property and new plant variety registrations; 5. "Power of Attorney" means a document by which the claimant or the respondent authorizes one or more persons in writing to act on their behalf in fulfilling duties related to the resolution of administrative disputes concerning industrial property and new plant variety registrations; 6. "Agent" means a lawyer or representative authorized by the claimant or the respondent to submit requests or defenses, or to perform other acts in the resolution of administrative disputes concerning industrial property and new plant variety registrations; 7. "Opposition" means an objection to a request for the grant of a patent or utility model patent, or to a request for registration of an industrial design, trademark and trade name, layout-design of integrated circuit, geographical indication, or new plant variety; 8. "Refusal" means the rejection of an application for a patent or utility model patent, or an application for registration of an industrial design, trademark and trade name, layout-design of integrated circuit, geographical indication, or new plant variety, that does not meet the conditions and prohibitions stipulated in the Intellectual Property Law; 9. "Cancellation" means a request by the right holder, titleholder, or a third party for the complete cancellation of a patent, utility model patent, industrial design, layout-design of integrated circuit, trademark, geographical indication, or new plant variety that does not meet the conditions stipulated in the Intellectual Property Law; 10. "Revocation" means a request by the right holder, titleholder, or a third party for the partial revocation of a patent, utility model patent, industrial design, layout-design of integrated circuit, trademark, geographical indication, or new plant variety that does not meet the conditions stipulated in the Intellectual Property Law.
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