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    中國(深圳)知識產(chǎn)權保護中心(深圳國家知識產(chǎn)權局專(zhuān)利代辦處)

    效能,服務(wù),和諧
    效能,服務(wù),和諧
    效能,服務(wù),和諧

    Overseas Intellectual Property Dispute Response and GuidanceApplication Instructions

    From:China(shenzhen)Intellectual Property Protection Center

    Updated:2021-06-17

    Application Instructions

    • Overseas Intellectual Property Dispute Response and Guidance refers to the Shenzhen Sub-center of the China National Overseas Intellectual Property Dispute Response and Guidance Center (hereinafter referred to as the ‘Shenzhen Sub-center’) instructing experts, before or when an intellectual property dispute occurs overseas, to use professional knowledge and skills, to analyze, evaluate, and judge the issues involved in the dispute and provide professional guidance for public welfare consulting services.

    Guidance application conditions

    • lThe applicant is a natural person, legal person or other organizations in the jurisdiction of Shenzhen, China.

    • lShenzhen Sub-center accepts the following types of intellectual property disputes that occur outside of China:

    • 2. Ownership disputes of trademarks, patents, geographical indications, etc.

    • 3. Infringement disputes on trademarks, patents, geographical indications, etc.

    • 4. Trade investigation disputes related to trademarks and patents, etc.

    • 5. Licensing disputes over trademarks, patents, geographical indications, etc.

    • 6. Intellectual property disputes at exhibitions.

    • 7. Trade secret disputes.

    • 8. Other intellectual property disputes where the Shenzhen Sub-center can provide consulting services.

    Application documents

    • If the applicant applies for guidance, he shall submit the guidance application form and materials related to intellectual property disputes to the Shenzhen Sub-center.

    • lFill in the ‘Application for Dispute Response Guidance’ form and affix the official seal or signature of the company. The form should include the name of the applicant, the type of dispute involved, the category of rights involved, the country/region where the dispute occurred, and other matters of guidance application, etc.

    • lApplicants should submit necessary legal documents, technical documents, evidence and other materials along with the guidance application form.

    • lThe application materials should be true, complete, and detailed. The applicant is responsible for the authenticity and legality of the materials provided.

    Submission methods

    • Application materials can be submitted by post (EMS) or in person to the following address:

    • lShenzhen Sub-center address: Building 33, Qianhai Shenzhen-Hong Kong Fund Town, Guiwan 4th Road, Qianhai Shenzhen-Hong Kong Cooperation Zone, Nanshan District, Shenzhen, China, 518000

    • lReceiving Department: Overseas Rights Protection Department

    • lTel: 0755-86968273

    • If the application materials are submitted in electronic format, they can be submitted by email. The email address is ‘hwwq@mail.amr.sz.gov.cn’. The subject of such emails shall be ‘a(chǎn)pplicant name + overseas intellectual property dispute response guidance application’.

    Application Process

    • lThe applicant shall submit the application materials to the Shenzhen Sub-Center in accordance with the first three requirements as described in the instructions.

    • lThe Shenzhen Sub-center will review the guidance application, decide on whether to accept the application for guidance, and notify the applicant within 5 working days.

    • The Shenzhen Sub-center will accept the guidance application and notify the applicant if the application complies with the guidance; if the application is not in compliance with the guidance, it will issue a "Notice of Not Providing Guidance and Consultation"; if the materials are incomplete, it will issue a "Notice of Supplementary Materials".

    • The applicant shall provide the supplementary materials within 5 working days after receiving the "Notice of Supplementary Materials". Failure to supplement the materials within the prescribed time limit will cause the application be deemed to have been withdrawn.

    • lIn the case of termination of the guidance procedure during the guidance process, the Shenzhen Sub-center will issue a "Notice of Termination of Guidance".

    • lAfter accepting the guidance application, the Shenzhen Sub-center will appoint and select experts for guidance, and will finally issue the "Guiding Opinions on Dispute Response."

    Guidance Time Limits

    • lFor general disputes, the guidance shall be completed within 5 working days from the date of accepting the guidance application.

    • lFor major and difficult disputes, the guidance will be completed within 20 working days from the date of accepting the guidance application. If the guidance time limit requires a longer time, it can be extended. If the Shenzhen Sub-center and the applicant have otherwise agreed on the time limit for guidance, the agreement shall prevail.

    • lMajor and difficult disputes specifically refer to disputes that affect the development of the industry, have a particularly large amount, or have a wide scope.

    • lThe time required to supplement or re-extract materials during the guidance process shall not be included in the guidance time limit.

    Attachment:

    • lApplication for Dispute Response Guidance

    • lNotice of Supplementary Materials

    • lNotice of not Providing Guidance and Consultation

    • lNotice of Termination of Guidance

    • lGuiding Opinions on Dispute Response

    • lFlowchart of Application for Guidance in Handling Overseas Intellectual Property Disputes"

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