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本文旨在闡述美國專利行政執法制度的特點以求解除人們對其誤解,特别是與中國的專利法修訂草案提出的行政執法改革進行對比。~2一、概要最新公佈的《中國專利法第四次修訂草案(送審稿)》力圖擴大專利權行政執法的力度,授權省級、設區的市級以及法律法規授權的縣級人民政府專利行政部門開展行政執法。~2根據該草案,中國專利行政執法部門能够就專利侵權和假冒行為進行調查、對侵權人處以罰款、並且/或者作出决定責令侵權人立即停止侵權行為等,該决定可在專利行政執法部門享有管轄權的行政區域内强制執行。該决定由當地專利行政執法部門依
The purpose of this article is to elaborate the characteristics of the system of administrative enforcement of patent in the United States in order to get rid of the misunderstanding of the people, especially with the reform of administrative law enforcement proposed by the draft revision of patent law in China. ~ 2 I. Summary The Fourth Draft Revision of Chinese Patent Law (Draft for Review) recently released by the State Council seeks to expand the administrative law enforcement of patent rights and authorize the provincial and municipal districts as well as the county-level people’s governments authorized by laws and regulations Patent administrative departments to carry out administrative law enforcement. According to the draft, the patent administrative law enforcement authorities in China can investigate patent infringement and counterfeiting, impose fines on the infringer, and / or make a decision to order the infringer to immediately stop the infringement, which can be enjoyed by the patent administrative law enforcement department Jurisdictions within the administrative area of enforcement. The decision by the local patent administrative law enforcement departments according to