Ⅰ.Institution: Policy & Law Division, Shanghai Intellectual Property Administration

Ⅱ. Address: Room 903, No.915, Ju Lu Road, Shanghai

Ⅲ.Tel: 8621-61113755、61113758

Ⅳ.Submitting documents for handling the patent infringement

(1) The request for handling the patent infringement shall be in two originals (If the requesting person is individual, it needs signature; If the requesting person is entity, it needs official seal);

 (2) If the requesting person is a legal person, it needs the certification of legal person; if the requesting person is the licensee of the patent exploitation contract, besides the certification of legal person, the duplicate of patent license contract for exploitation which has already been registered by the State Intellectual Property Office of P.R.C or other local authorized Intellectual Property Administration shall also be submitted.

If the requesting person is an individual, it needs identification card; If the requesting person is the IPR’s inheritor, besides the identification card, it also needs notarial certification for one’s legal right of inheritance.

(the copies of the documents said above which have been verified and true to the originals are also valid)

If appointing a agent , it needs trust deed;

If the requesting person is a foreigner or a foreign company who has no habitual residence or business office in China, and the submitting documents (the certification of legal person, trust instrument and etc. ) are not formed in China, it shall be certified by the seat of foreigner or foreign company’s notary office, as well as certified by the PRC’s Embassy or Council;

(3) The description of the patent proclaimed by State Intellectual Property Office of P.R.C and the receipt of the annual fee of the latest year shall be in two copies respectively;

(4) The related documented evidence, material evidence, audio-visual materials, testimony, expert conclusion concerning the exploitation of a patent without the authorization of the patentee. (the documents in written form said above shall be in two copies)

Ⅴ.The above administrative procedures are based on the following laws and regulations:

(1) Patent Law of the People"s Republic of China (Amended on August 25,2000, and effective as of July 1, 2001)

(2) Implementing Regulations of the Patent Law of the People"s Republic of China (Promulgated on June 15, 2001, and effective as of July 1, 2001)

(3) Shanghai Patent Protection Regulation (effective as of July 1, 2002)