October 18, 2021

Volume XI, Number 291

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October 18, 2021

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China’s National Intellectual Property Administration Punishes 71 Firms & Professionals for Unlicensed Practice of Patent Law

On August 23, 2021, the China National Intellectual Property Administration (CNIPA) announced the administrative punishment of 71 Chinese patent firms and individuals for the unlicensed practice of patent law.  Total fines exceeded 5 million RMB and usually included confiscation of illegal income as well as a fine that was a multiple of the illegal income.  The punished firms and individuals were in Shanghai, Liaoning, Jiangsu, Anhui, Shandong, Hunan, Guangdong, Sichuan, and Ningxia. While the sanctioned firms seemed to cater to local clients, foreign applicants may nonetheless want to double check that their foreign associates were not listed.

The list of sanctioned firms follows. The original can be found on CNIPA’s website here.  Note, Shenzhen Huanyee, which was recently subject to an order to show cause from the USPTO, did not make the list.

1. Shanghai

(1) Name of the institution involved: Shanghai Hugui Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shanghai Hugui Intellectual Property Agency Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1.5 times the illegal income.

Penalty decision date: November 17, 2020

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(2) Name of the institution involved: Shanghai Qingchuang Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Shanghai Qingchuang Intellectual Property Agency Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: December 17, 2020

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(3) Name of the institution involved: Shanghai Hongyi Intellectual Property Consulting Co., Ltd.

Illegal facts: After investigation, Shanghai Hongyi Intellectual Property Consulting Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: December 17, 2020

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(4) The name of the party involved: Dang XX

Illegal facts: Upon investigation, the parties involved in the patent agency business without obtaining the patent agency practice license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: April 16, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(5) Name of the institution involved: Shanghai Zhixin Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shanghai Zhixin Intellectual Property Agency Co., Ltd. engaged in patent agency business without authorization without obtaining the practice license of a patent agency.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income of RMB 52,134, and a fine of twice the illegal income, totaling RMB 52,134.

Penalty decision date: April 20, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(6) Name of the institution involved: Jiuxuan (Shanghai) Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Jiuxuan (Shanghai) Intellectual Property Agency Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: April 26, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(7) Name of the institution involved: Shanghai Xiangqing Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Shanghai Xiangqing Intellectual Property Agency Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 106,240, and a fine of 1 times the illegal income, totaling RMB 106,240.

Penalty decision date: April 26, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(8) Name of the institution involved: Shanghai Lehong Intellectual Property Service Co., Ltd.

Illegal facts: After investigation, Shanghai Lehong Intellectual Property Service Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income of RMB 59,578.52, and a fine of 1 times the illegal income, totaling RMB 59,578.52.

Penalty decision date: May 14, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(IX) Name of the institution involved: Shanghai Weichu Information Technology Co., Ltd.

Illegal facts: Upon investigation, Shanghai Weichu Information Technology Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: May 14, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(10) Name of the institution involved: Shanghai Xianghe Intellectual Property Service Co., Ltd.

Illegal facts: After investigation, Shanghai Xianghe Intellectual Property Service Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 32,607.59, and a penalty of 1 times the illegal income, totaling RMB 32,607.59.

Penalty decision date: May 17, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(11) Name of the institution involved: Shanghai Orange Maple Business Consulting Co., Ltd.

Illegal facts: After investigation, Shanghai Orange Maple Business Consulting Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income of RMB 60,129.21, and a fine of 1 times of the illegal income, totaling RMB 60,129.21.

Penalty decision date: May 17, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(12) Name of the institution involved: Shanghai Benniu Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Shanghai Benniu Intellectual Property Agency Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 84,759.31, and a fine of 1 times the illegal income, totaling RMB 84,759.31.

Penalty decision date: May 19, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(13) Name of the institution involved: Shanghai Zhuo Song Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Shanghai Zhuosong Intellectual Property Agency Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 42,808.63, and a fine of 1 times the illegal income, totaling RMB 42,808.63.

Penalty decision date: May 20, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(14) Name of the institution involved: Shanghai Hongben Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Shanghai Hongben Intellectual Property Agency Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 214,304.24, and a fine of 2.5 times the illegal income, totaling RMB 535,760.60.

Penalty decision date: June 7, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(15) Name of the institution involved: Shanghai Qianqin Enterprise Management Consulting Co., Ltd.

Illegal facts: After investigation, Shanghai Qianqin Enterprise Management Consulting Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 108254.21, and a fine of 1 times the illegal income, totaling RMB 108,254.21.

Penalty decision date: June 8, 2020

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(16) Name of the institution involved: Shanghai Qizixin Technology Co., Ltd.

Illegal facts: After investigation, Shanghai Qizixin Technology Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Regulations on Patent Agency Administration.

Penalties: Confiscation of illegal income of RMB 80,400, and a fine of 1 times the illegal income, totaling RMB 80,400.

Penalty decision date: June 15, 2020

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(17) Name of the institution involved: Shanghai Bocheng Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shanghai Bocheng Intellectual Property Agency Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 31,598, and a fine of 1 times the illegal income, totaling RMB 31,598.

Penalty decision date: June 15, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(18) Name of the institution involved: Shanghai Xuji Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shanghai Xuji Intellectual Property Agency Co., Ltd. engaged in patent agency business without authorization without obtaining the practice license of a patent agency.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income of RMB 3,9464.9, and a fine of 1 times the illegal income, totaling RMB 3,9464.9.

Penalty decision date: June 16, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(19) Name of the institution involved: Shanghai Jingsheng Intellectual Property Consulting Service Co., Ltd.

Illegal facts: After investigation, Shanghai Jingsheng Intellectual Property Consulting Service Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 36,900, a fine of 1 times the illegal income, and RMB 36,900.

Penalty decision date: June 18, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(20) Name of the institution involved: Shanghai Shangye Intellectual Property Service Co., Ltd.

Illegal facts: Upon investigation, Shanghai Shangye Intellectual Property Service Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: June 21, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(21) Name of the institution involved: Shanghai Chunxia Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Shanghai Chunxia Intellectual Property Agency Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 46,924.17, and impose a fine of 1 times of the illegal income, totaling RMB 46,924.17.

Penalty decision date: June 22, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(22) Name of the institution involved in the case: Shanghai Moke Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Shanghai Moke Intellectual Property Agency Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 160,058.44, and impose a fine of 1 times of the illegal income, totaling RMB 160,058.44.

Penalty decision date: June 22, 2020

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(23) Name of the institution involved: Shanghai Songlin Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shanghai Songlin Intellectual Property Agency Co., Ltd. engaged in patent agency business without authorization without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: June 22, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

(24) Name of the institution involved: Shanghai Osigan Trading Co., Ltd.

Illegal facts: Upon investigation, Shanghai Oxigan Trading Co., Ltd. engaged in patent agency business without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of the illegal income of RMB 4,4935.5, and a fine of 1 times the illegal income, totaling RMB 4,4935.5.

Penalty decision date: June 23, 2021

Name of the subject handling the case: Shanghai Municipal Market Supervision Administration

Business Guidance Unit: Shanghai Municipal Intellectual Property Office

2. Liaoning

(25) Name of the institution involved: Shenyang Weisheng Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shenyang Weisheng Intellectual Property Agency Co., Ltd. carried out patent agency business without authorization and signed a patent application agency contract with the enterprise.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: order to stop the illegal behavior and give a warning.

Penalty decision date: December 25, 2020

Name of the subject of the case: Liaoning Provincial Intellectual Property Office

(26) Name of the institution involved: Shenyang Huinuo Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shenyang Huinuo Intellectual Property Agency Co., Ltd. carried out patent agency business without authorization and signed a patent application agency contract with the enterprise.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: order to stop the illegal act and give a warning.

Penalty decision date: March 3, 2021

Name of the subject of the case: Liaoning Provincial Intellectual Property Office

3. Jiangsu

(27) Name of the institution involved: Suzhou Kelian Intellectual Property Service Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations

Penalty content: Warning, confiscated 5,1293.5 yuan of illegal income, and imposed a fine of 102,587 yuan twice the illegal income, and the total fine and confiscated amount was 15,3880.5 yuan.

Penalty decision date: November 27, 2020

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

(28) Name of the institution involved: Jiangsu Ruiqian Zhitu Intellectual Property Service Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: warning, confiscation of illegal income, and a fine of twice the illegal income.

Penalty decision date: November 27, 2020

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

(29) Name of the institution involved: Jiangsu Le Rui SME Service Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Warning, confiscation of illegal income, and a fine of twice the illegal income.

Penalty decision date: November 27, 2020

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

(30) Name of the institution involved: Jiangsu Hongyang Intellectual Property Agency Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: December 23, 2020

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

(31) Name of the institution involved: Jiangsu Xinye Enterprise Service Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: January 26, 2021

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

(32) Name of the institution involved: Nanjing Yingjie Information Technology Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: April 1, 2021

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

(33) Name of the institution involved: Nanjing Yuanxi Investment Management Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: April 1, 2021

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

(34) Name of the institution involved: Suzhou Lvcheng Enterprise Management Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Confiscation of illegal income of 240264.51 yuan, and a fine of 480529.02 yuan twice the illegal income, and a total fine of 720793.53 yuan.

Penalty decision date: June 11, 2021

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

(35) Name of the institution involved: Suzhou Hengshida Intellectual Property Service Co., Ltd.

Illegal facts: Unauthorized patent agency business.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: June 15, 2021

Name of the subject handling the case: Jiangsu Provincial Intellectual Property Office

Four, Anhui

(36) Name of the institution involved: Anhui Aibang Enterprise Project Management Co., Ltd.

Illegal facts: After investigation, Anhui Aibang Enterprise Project Management Co., Ltd. has not obtained the practice license of a patent agency and acts as an agent for patent application business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of 10,520 yuan of illegal gains, and a fine of 4 times of the illegal gains of 42080 yuan.

Penalty decision date: April 19, 2021

Name of the subject of the case: Anhui Provincial Intellectual Property Office

(37) Name of the institution involved: Chizhou Zhongmou Intellectual Property Service Co., Ltd.

Illegal facts: After investigation, Chizhou Zhongmou Intellectual Property Service Co., Ltd. did not obtain the practice license of a patent agency, and acted as an agent for patent application business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of twice the illegal income.

Penalty decision date: July 21, 2021

Name of the subject of the case: Anhui Provincial Intellectual Property Office

5. Shandong

(38) Name of the institution involved: Qingdao Qianfanhui Innovation Technology Co., Ltd.

Illegal facts: After investigation, Qingdao Qianfanhui Innovation Technology Co., Ltd. carried out patent agency business without authorization without obtaining a patent agency license, which disrupted the normal order of the patent agency market.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1.1 times the illegal income.

Penalty decision date: December 4, 2020

Name of the subject handling the case: Shandong Provincial Intellectual Property Office

(39) Name of the institution involved: Shandong Hehe Trademark Office Co., Ltd.

Illegal facts: After investigation, Shandong Hehe Trademark Office Co., Ltd. carried out patent agency business without authorization without obtaining a patent agency practice license, which disrupted the normal order of the patent agency market.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalty content: Order to stop the illegal behavior, confiscate the illegal income, and impose a fine of 1 times the illegal income.

Penalty decision date: December 4, 2021

Name of the subject handling the case: Shandong Provincial Intellectual Property Office

(40) Name of the institution involved: Liaocheng Jincheng Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shandong Hehe Trademark Office Co., Ltd. conducted patent agency services without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalty content: Order to stop the illegal behavior, confiscated the illegal income of 49,912.65 yuan, impose a double fine of 99825.3 yuan of the illegal income, and the total amount of fines and confiscated 149,737.95 yuan.

Penalty decision date: June 11, 2021

Name of the subject handling the case: Shandong Provincial Intellectual Property Office

Six, Hunan

(41) Name of the institution involved: Hunan Zibiao Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Hunan Zibiao Intellectual Property Agency Co., Ltd. carried out patent agency services without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Order the party to stop the illegal act, confiscate the illegal income of 34,425 yuan, and impose a double fine of 34,425 yuan on the illegal income. The total amount of fines and confiscated was 68,850 yuan.

Penalty decision date: February 10, 2020

Name of the subject handling the case: Hunan Provincial Intellectual Property Office

(42) Name of the institution involved: Hunan Maker International Intellectual Property Protection Service Center Co., Ltd.

Illegal facts: Upon investigation, Hunan Maker International Intellectual Property Protection Service Center Co., Ltd. carried out patent agency services without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalty content: Order to stop the illegal behavior, confiscate the illegal income, and impose a fine of 1 times the illegal income.

Penalty decision date: October 14, 2020

Name of the subject handling the case: Hunan Provincial Intellectual Property Office

(Forty-three) Name of the institution involved: Hunan Zhuanjing Intellectual Property Co., Ltd.

Illegal facts: Upon investigation, Hunan Expertise Intellectual Property Co., Ltd. and its employee Li Lanfang conducted patent agency services without obtaining a patent agency license.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Order the company and its employee Li Lanfang to stop illegal activities, confiscated the illegal income of 32,713 yuan, and fined 32,713 yuan 1 times the illegal income.

Penalty decision date: October 26, 2020

Name of the subject handling the case: Hunan Provincial Intellectual Property Office

7. Guangdong

(44) Name of the institution involved: Shenzhen Landun Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shenzhen Landun Intellectual Property Agency Co., Ltd. has not obtained the qualifications or qualifications for patent services in accordance with the law, and engages in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Our bureau decided to order the parties to correct the illegal acts immediately, confiscate the illegal gains, and impose a fine of 1 times the illegal gains.

Penalty decision date: October 22, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(45) Name of the institution involved: Shenzhen Qiguan Enterprise Management Consulting Co., Ltd.

Illegal facts: After investigation, Shenzhen Qiguan Enterprise Management Consulting Co., Ltd. has not obtained the qualifications or qualifications for patent services in accordance with the law, and engaged in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Our bureau decided to order the parties to correct the illegal behavior immediately, confiscate the illegal gains, and impose a fine of twice the illegal gains.

Penalty decision date: October 30, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(46) Name of the institution involved: Shenzhen Zhixuan Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shenzhen Zhixuan Intellectual Property Agency Co., Ltd. has not obtained the qualification or qualification for patent services in accordance with the law, and engaged in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Our bureau decided to order the parties to correct the illegal acts immediately, confiscate the illegal gains, and impose a fine of 1 times the illegal gains.

Penalty decision date: October 30, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(47) Name of the institution involved: Shenzhen Juelang Intellectual Property Co., Ltd.

Illegal facts: After investigation, it was found that Shenzhen Juelang Intellectual Property Co., Ltd. had not obtained the qualification or qualification for patent services in accordance with the law, and engaged in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Our bureau decided to order the parties to correct the illegal acts immediately, confiscate the illegal gains, and impose a fine of 1 times the illegal gains.

Penalty decision date: November 5, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(48) Name of the institution involved: Shenzhen Pengyu Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, it was found that Shenzhen Pengyu Intellectual Property Agency Co., Ltd. had not obtained the qualifications or qualifications for patent services in accordance with the law, and engaged in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Our bureau decided to order the parties to correct the illegal acts immediately, confiscate the illegal gains, and impose a fine of 1 times the illegal gains.

Penalty decision date: November 19, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(49) Name of the party involved: He XX

Illegal facts: After investigation, He XX did not obtain the qualifications or qualifications for patent services in accordance with the law, and engaged in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: order the parties to correct the above-mentioned illegal acts immediately, confiscate the illegal gains, and impose a fine of 1 times the illegal gains.

Penalty decision date: November 24, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(50) Name of the institution involved: Heidrick & Struggle (Shenzhen) Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Heidrick & Struggle (Shenzhen) Intellectual Property Agency Co., Ltd. has been conducting patent agency services without authorization for profit-making purposes without patent agency qualifications.

Legal basis: Article 56 of “Guangdong Province Patent Regulations”

Penalties: Confiscation of illegal income, and a fine of twice the illegal income, totaling 71800 yuan.

Penalty decision date: December 1, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(51) Name of the institution involved: Shenzhen Hai Ruijie Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shenzhen Hai Ruijie Intellectual Property Agency Co., Ltd. conducted patent agency business without authorization for profit-making purposes without patent agency qualifications.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Our bureau decided to order the parties to correct the illegal behavior immediately, confiscate the illegal gains, and impose a fine of 3 times the illegal gains.

Penalty decision date: December 1, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(52) Name of the institution involved: Shenzhen Zhongshen Hengxin Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shenzhen Zhongshen Hengxin Intellectual Property Agency Co., Ltd. has not obtained the patent agency qualifications or qualifications in accordance with the law, and engaged in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: order the party to stop the illegal act immediately, confiscate the illegal income, and impose a fine of 1 times the illegal income.

Penalty decision date: December 16, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(53) Name of the institution involved: Zhongheng International Intellectual Property Operation (Shenzhen) Co., Ltd.

Illegal facts: After investigation, Zhongheng International Intellectual Property Operations (Shenzhen) Co., Ltd. has not obtained the qualifications or qualifications for patent services in accordance with the law, and engages in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: Our bureau decided to order the parties to correct the illegal acts immediately, confiscate the illegal gains, and impose a fine of 1 times the illegal gains.

Penalty decision date: December 30, 2020

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(54) Name of the institution involved: Dongguan Maoda Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Dongguan Maoda Intellectual Property Agency Co., Ltd. carried out patent agency business without authorization.

Legal basis: Article 52 (2) of the “Administrative Measures on Patent Agency”, Article 9 of the “Patent Agency Regulations”, and Article 27 of the “Patent Agency Regulations”.

Penalties: Confiscation of illegal income and a fine of 3 times the illegal income.

Penalty decision date: January 18, 2021

Name of the subject handling the case: Guangdong Provincial Market Supervision Administration (Intellectual Property Office)

(55) Name of the institution involved: Dongguan Yuenan Intellectual Property Service Co., Ltd.

Illegal facts: Upon investigation, Dongguan Yuenan Intellectual Property Service Co., Ltd. carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 3 times the illegal income.

Penalty decision date: January 18, 2021

Name of the subject handling the case: Guangdong Provincial Market Supervision Administration (Intellectual Property Office)

(56) Name of the institution involved: Shenzhen Zhonghuiqiang Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, it was found that Shenzhen Zhonghuiqiang Intellectual Property Agency Co., Ltd. had not obtained the qualifications or qualifications for patent services in accordance with the law, and engaged in patent services for profit.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: January 24, 2021

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

(57) Name of the institution involved: Shenzhen Huanuo Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Shenzhen Huanuo Intellectual Property Agency Co., Ltd. was engaged in patent agency business, and failed to apply to the patent administration department of the State Council, submit relevant materials, and obtain the practice license of a patent agency.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: February 1, 2021

Name of the subject handling the case: Shenzhen Municipal Market Supervision Administration (Intellectual Property Office)

8. Sichuan

(58) Name of the institution involved: Sichuan Zhigu Shunwei Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Sichuan Zhigushunwei Intellectual Property Agency Co., Ltd. has not obtained the patent agency qualification, and has carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: July 14, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(59) Name of the institution involved: Chengdu Zhushi Enterprise Management Co., Ltd.

Illegal facts: Upon investigation, Chengdu Zhushi Enterprise Management Co., Ltd. did not obtain patent agency qualifications and carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: July 14, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(60) Name of the institution involved: Zigong Huantai Intellectual Property Agency Co., Ltd.

Illegal facts: After investigation, Zigong Huantai Intellectual Property Agency Co., Ltd. did not obtain the patent agency qualification and carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: confiscation of unrefunded illegal income of 22088 yuan and a fine of 118328 yuan.

Penalty decision date: July 14, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(61) Name of the institution involved: Chengdu Yuanmu Intellectual Property Agency Consulting Co., Ltd.

Illegal facts: Upon investigation, Chengdu Yuanmu Intellectual Property Agency Consulting Co., Ltd. has not obtained the patent agency qualification and has carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: July 23, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(62) Name of the institution involved: Panzhihua Yizhou Intellectual Property Service Co., Ltd.

Illegal facts: After investigation, Panzhihua Yizhou Intellectual Property Service Co., Ltd. did not obtain the patent agency qualification and carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: July 23, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(63) Name of the institution involved: Sichuan Zhiqiancheng Intellectual Property Service Co., Ltd.

Illegal facts: After investigation, Sichuan Zhiqiancheng Intellectual Property Service Co., Ltd. has not obtained the patent agency qualification and has carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: July 24, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(64) Name of the institution involved: Sichuan Zhengxing Trademark Service Co., Ltd.

Illegal facts: After investigation, Sichuan Zhengxing Trademark Service Co., Ltd. did not obtain the patent agency qualification and carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: August 14, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(65) Name of the institution involved: Meishan Yulin Trademark Office Co., Ltd.

Illegal facts: After investigation, Meishan Yulin Trademark Office Co., Ltd. did not obtain the patent agency qualification and carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: August 14, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(66) Name of the institution involved: Beijing Licheng Intellectual Property Agency Co., Ltd. Zigong Branch

Illegal facts: After investigation, the Zigong branch of Beijing Licheng Intellectual Property Agency Co., Ltd. did not obtain the patent agency qualification and carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Punishment content: no illegal income, order the party to stop the illegal act.

Penalty decision date: December 30, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(67) Name of the institution involved: Sichuan Yuzhong Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Sichuan Yuzhong Intellectual Property Agency Co., Ltd. did not obtain the patent agency qualification and carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: December 30, 2020

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(68) Name of the institution involved: Chengdu Yueyi Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Chengdu Yueyi Intellectual Property Agency Co., Ltd. did not obtain patent agency qualifications and carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: January 25, 2021

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

(69) Name of the institution involved: Sichuan Luyang Intellectual Property Service Co., Ltd.

Illegal facts: After investigation, Sichuan Luyang Intellectual Property Service Co., Ltd. has not obtained the patent agency qualification and has carried out patent agency business without authorization.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: March 26, 2021

Name of the subject handling the case: Sichuan Provincial Market Supervision Administration (Intellectual Property Office)

Nine, Ningxia

(70) Name of the institution involved: Ningxia 719 Intellectual Property Service Co., Ltd.

Illegal facts: Upon investigation, Ningxia 719 Intellectual Property Services Co., Ltd. acted as an agent for patent application business for enterprises without obtaining the practice license of a patent agency.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: February 25, 2021

Name of the subject handling the case: Intellectual Property Office of Ningxia Hui Autonomous Region

(71) Name of the institution involved: Ningxia Quannuo Intellectual Property Agency Co., Ltd.

Illegal facts: Upon investigation, Ningxia Quannuo Intellectual Property Agency Co., Ltd. has acted as an agent for enterprises in patent application business without obtaining the practice license of a patent agency.

Legal basis: Article 27 of the Patent Agency Regulations.

Penalties: Confiscation of illegal income and a fine of 1 times the illegal income.

Penalty decision date: February 25, 2021

Name of the subject handling the case: Intellectual Property Office of Ningxia Hui Autonomous Region

© 2021 Schwegman, Lundberg & Woessner, P.A. All Rights Reserved.National Law Review, Volume XI, Number 236
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About this Author

Aaron Wininger IP Attorney China Portfolio Development
Director of China Intellectual Property Law Practice Schwegman Lundberg & Woessner

Aaron Wininger is a Senior Attorney and Schwegman’s Director of China Intellectual Property. Aaron counsels both U.S. and Chinese companies on portfolio development and preparation of their patent applications and office action responses. He has worked with clients in the areas of software, networks (wired and wireless), lasers, medical devices, semiconductors and physics.

Aaron prosecutes both Chinese and U.S. trademarks. He has also drafted and prosecuted hundreds of U.S. and international patent applications in a broad spectrum of areas, including computer hardware and software,...

408-278-4059
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