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Patent and Trademark Administrative Action

The administrative actions of  intellectual property mainly include actions against the Trademark Review and  Adjudication Board for trademark, the Patent Reexamination Board for patent and  other administrative authorities for their specific administrative acts  (administrative penalty decision, administrative enforcement and etc.).
In accordance with the provisions of the  Patent Law, where an applicant for patent is not satisfied with the decision of  the Patent Office rejecting the application, he or it may request the Patent  Reexamination Board to make a reexamination. Where any entity or individual  considers that the grant of the patent right is not in conformity with the  relevant provisions of the laws, he or it may request the Patent Reexamination  Board to declare the patent right invalid. Where the party is not satisfied  with the decision of the Patent Reexamination Board, he or it may bring  administrative actions to Beijing No. 1 Intermediate People's Court. Where the  party is not satisfied with the judgment of Beijing No. 1 Intermediate People's  Court, it or he may appeal to Beijing Higher People’s Court.
In accordance with the provisions of the  Trademark Law, where the interested party is not satisfied with the decision  rejecting the application or the opposition decision of the Trademark Office,  he or it may apply for a review to the Trademark Review and Adjudication Board.  The party disputing a registered trademark may apply to the Trademark Review  and Adjudication Board for adjudication. Where the party is not satisfied with  the decision of review or adjudication by the Trademark Review and Adjudication  Board, it or he may bring administrative actions to Beijing No. 1 Intermediate  People’s Court. Where the interested party is not satisfied with the judgment  of the Beijing No. 1 Intermediate People’s Court, it or he may appeal to the  Beijing Higher People’s Court.

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