ICE8000 patent filing and protection standards

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    ICE8000 international credit standard system 
    patent filing and protection standards

    (Version: ICE8000-075-20070816-20190126-18) 
    (This standard) Writer: Fang Bangjian ; sponsor: Fang Bangjian ; deliberative body: World Credit Organization Credit Standards Committee; effectiveness level: administrative resolution

    Chapter I General Provisions

    1.1 In order to make up for the deficiencies of the patent protection system in various countries, in order to solve the problem of transnational patent protection, in order to enhance people's awareness of the basic business ethics of integrity, to promote social integrity, reduce transaction costs, and enhance human well-being, the World Credit Organization (WCO), develop this standard.

    1.2 The main legal basis for the development, application and implementation of this standard is as follows:

    (1) The principle of freedom of the Constitution. The constitutions of the vast majority of countries in the world give people the freedom to defend their legitimate rights, the freedom to maintain social justice and the freedom to express their opinions.

    (2) The principle of public order and goodness of law. This legal principle gives people the right to maintain social justice. The basic principles of civil law in most countries of the world include the principles of public order and good customs.

    (3) The principle of good faith in law. This legal principle gives people the obligation of good faith. Most countries in the world regard the principle of good faith as the basic law of their civil and commercial laws.

    (4) The principle of freedom of contract in law, also known as the principle of free agreement. This legal principle gives people the freedom to enter into a civil contract. The basic principles of civil law in most countries of the world include the principle of freedom of contract.

    1.3 The conduct of the application and implementation of this standard shall be deemed to be the tripartite or multi-party contractual act of the World Credit Organization (WCO) in Delaware, USA, as an attestation or supervisor, and The relevant disputes arising from this act are applicable to and protected by the laws of the State of Delaware and the United States, and the jurisdiction is also the International Court of Ethics or the Delaware Court of the United States and the United States Federal Court. If the parties have agreed otherwise or otherwise stated in the applicable law and/or jurisdiction, the binding does not involve the World Credit Organization (WCO).

    1.4 The term "patent" as used in this standard refers to the invention, practical technology or design that has obtained a patent certificate in a country or region.

    Patents are intellectual property rights and intangible assets. Whether they are recognized by the laws of the host country or other countries, the World Credit Organization (WCO), which is patented under this standard, is protected by the credit system.

    The ICE8000 credit institution referred to in this standard, also known as the ICE8000 international credit institution or the World Credit Organization (WCO) member credit institution, refers to the requirements of the ICE8000 international credit standard system in terms of knowledge structure, work ability and professional ethics, and is awarded the World Credit Organization. (WCO) certification, in the credit evaluation and other credit practice work have the right and obligation to comply with the ICE8000 international credit standard system standards, to prevent their own abuse of credit evaluation and other rights or damage to the legitimate rights and interests of other types of credit companies and other credit practitioners. The ICE8000 credit institution is a member unit of the World Credit Organization (WCO), not a branch, representative office, agency or subordinate organization of the World Credit Organization (WCO). According to the business scope of ICE8000 credit institutions, ICE8000 credit institutions can also be called ICE8000 credit reporting agencies, ICE8000 Lixin institutions, ICE8000 training institutions, and ICE8000 management consulting organizations.

    1.5 The filing and protection of patents follow the principles of honesty, objectivity, openness and supervision.

    1.6 All parties applying this standard shall abide by the principle of good faith, moral bottom line and social responsibility bottom line in the process of applying this standard, and exercise and assume the rights and obligations stipulated in this standard.

    1.7 All parties to this standard are deemed to have fully understood and committed to comply with all the terms of this standard. However, if any party to this standard finds any unfairness in any of the provisions of this standard, it has the right to publicly declare that it is not subject to public disclosure of the relevant circumstances and reasons and written notice to the World Credit Organization (WCO). Terms and conditions.

    Chapter II Patent Recording and Certificate Management

    2.1 Patent filing conditions:

    (1) The patent profile and the applicant's profile can be searched on the Internet;

    The specific conditions are: when two mainstream search engines are selected to search for the patent as a keyword, the patent and the applicant's can be found in the first 50 pages of the search result (if not more than 50 pages, the actual number of pages is limited). Introduction.

    (2) The patent has been registered in a country or region and is within the patent protection period;

    (3) The applicant has ownership of the patent;

    (4) The patent does not violate internationally recognized legal principles and public ethics;

    (5) The patent is not duplicated with other intellectual property rights registered or filed by the World Credit Organization (WCO);

    (6) The applicant guarantees that the patent application has not infringed the intellectual property rights of other units or individuals at the time of filing;

    (7) The applicant undertakes to abide by this standard and attach a conscience vow clause;

    (8) Applicants should have membership in the World Credit Organization (WCO).

    2.2 Patent filing procedures:

    The first step is to apply. The applicant submits an application, provides the applicant's business license and/or identification, and pays the fee according to the regulations. The application should include a patent brief, indicating the applicant's credit file number, and promise to ensure the authenticity of the application and compliance with this standard.

    The second step is to review. The ICE8000 credit institution authorized by the World Credit Organization (WCO) reviews whether the applicant's patent meets the filing conditions. If the conditions are not met, return the application and explain the reasons. If the applicant is dissatisfied with the reasons for the return, he may directly file a reconsideration with the World Credit Organization (WCO). After receiving the application for reconsideration, the World Credit Organization (WCO) will make a notice to maintain the original decision or change the original decision according to the actual situation.

    The third step is publicity. The publicity period is 30 days. During the publicity period, any unit or individual may object to the patent's compliance with the filing conditions. If someone raises an objection, if the investigation objection is established, the filing procedure shall be suspended, and the faulty applicant and the international credit practitioner and the ICE8000 credit institution shall be investigated for breach of contract.

    The fourth step is to review. The ICE8000 Credit Agency authorized by the World Credit Organization (WCO) reviews the relevant materials. If there is any problem in the review, it is required to make corrections; if the material is found to be false, the applicants who are at fault and the international credit practitioners and the ICE8000 credit institution shall be investigated for breach of contract according to the provisions of Chapter IV of this standard.

    The fifth step is to announce and issue a patent filing certificate.

    2.3 The owner of the patent registration certificate may transfer the certificate. The transfer shall be endorsed on the certificate and shall be filed with the World Credit Organization (WCO). If not filed, the World Credit Organization (WCO) does not recognize the transfer.

    2.4 The World Credit Organization (WCO) establishes an electronic file for each patent filing certificate, which discloses the date of application, the date of issuance and the change of the owner of the patent content and patent registration certificate.

    2.5 After the issuance of the patent registration certificate, if there is evidence that the filing of the patent does not meet the filing conditions or the filing procedure, the World Credit Organization (WCO) announces the cancellation of the certificate, and investigates the faulty applicant and the international credit practitioner, ICE8000 credit institution. Liability for breach of contract.

    Chapter III Protection of Patents

    3.1 The validity period of the patent registration certificate is consistent with the patent registration certificate. If the patent registration certificate is revoked by the issuing unit, the patent filing certificate will of course be invalid.

    Integrity is one of the basic business ethics. During the validity period of a patent filing certificate, any unit or individual who deliberately uses or deliberately disguised the use of a patent that has been filed without the permission of the owner of the record certificate is a violation of good business ethics. The commercial conduct of people deserves the full attention of all stakeholders.

    The World Credit Organization (WCO) publishes an electronic version of the patent registration certificate on the website to warn the parties concerned to deliberately use or deliberately disguise the use of the patents already filed.

    3.2 During the period of validity of the patent registration certificate, no unit or individual may deliberately use or deliberately use the registered patent without the consent of the owner of the record certificate. Otherwise, the certificate owner has the right to impose credit punishment or international ethics on his own. The court may also file a complaint with the World Credit Organization (WCO) (or ICE8000 Credit Agency) to take the following measures:

    (1) Proof of the patent to be filed with the relevant unit or individual;

    (2) Investigate the facts of dishonesty, and then publish the statement or moral condemnation announcement in the name of the World Credit Organization (WCO) (or ICE8000 Credit Agency);

    (3) Investigating the facts of dishonesty, and then conducting internal complaints, public complaints, credit warnings, internal exposures, public exposures or joint exposures, etc., based on the objective facts of the investigation;

    (4) Assist the certificate owner in pursuing the legal responsibility of the infringer.

    Chapter IV Liability for breach of contract and method of investigation

    4.1 If the party violates the provisions of this standard, it shall bear the following liability for breach of contract:

    (1) The corresponding legal liability, namely: the legal punishment prescribed by the relevant applicable law.

    (2) Corresponding credit responsibility, that is, to bear credit punishments such as internal complaints, public complaints, credit warnings, internal exposure, public exposure, joint exposure, etc.

    (3) The corresponding industry self-discipline responsibility, namely: announcement of criticism, fines, cancellation of credit card, prohibition of self-discipline and other disciplines.

    (4) If the breach of contract causes losses (including material damage and mental damage) to others, it shall be liable for compensation. If the breach of contract constitutes a malicious dishonesty, it shall also make punitive damages to the infringed person in accordance with international practice and the principle of common law.

    4.2 Method of investigation of breach of contract liability:

    (1) According to the "ICS8000 International Credit Standard System Internal Complaint Standard" or "ICE8000 International Credit Standard System Public Complaint Standard" or "ICE8000 International Credit Standard System Credit Warning Standard" or "ICE8000 International Credit Standard System Internal Exposure Standard" or "ICE8000" International Exposure Standards for Public Credit Standards or Joint Exposure Standards for ICE8000 International Credit Standards System for credit complaints and credit penalties;

    (2) Applying for arbitration under the International Credit Dispute Arbitration Commission in accordance with the ICE8000 International Credit Standards System International Credit Dispute Arbitration Standard, without the need to submit a separate arbitration agreement;

    (3) Apply to the International Moral Court for trial in accordance with the ICE8000 International Credit Standards System International Credit Dispute Trial Standard;

    (4) If the defaulter has the membership of the World Credit Organization (WCO), the parties also have the right to make a complaint in accordance with the World Credit Organization (WCO) Member Supervision Standards;

    (5) File a lawsuit in the US Delaware Court or the US Federal Court in accordance with the laws of the State of Delaware or the United States federal law.

    4.3 The responsibility for breach of contract in this standard shall be based on the principle of ignoring:

    (1) Only the aggrieved party will take the initiative to pursue the investigation, and the defaulting party will bear the corresponding liability for breach of contract;

    (2) The aggrieved party has the right to decide whether to initiate the corresponding accountability procedure for breach of contract;

    (3) The aggrieved party has the right to understand the defaulting party or reach an agreement with the defaulting party.

    4.4 For employees or agents who participate in, execute, or assist the parties to breach the contract, the aggrieved party has the right to pursue its corresponding responsibility unless it proves that it is not at fault.

    4.5 Violations of the provisions of this standard may and should be considered as an independent breach of contract or dishonesty. If the relevant parties appear in the process of applying this standard, such acts as fraudulent, covert, defamatory, insulting, and denying others' credit evaluation rights, the act is an independent malicious dishonesty act or an independent serious malicious dishonesty. The parties concerned have the right to merge. Investigate or separately pursue the responsibility of the independent dishonesty.

    4.6 The World Credit Organization (WCO) shall bear economic compensation for its own faults, and the expenditure for economic compensation shall be included in the financial plan of the World Credit Organization (WCO) for the next year. If the economic compensation is relatively large, compensation shall be made in each year.

    After accepting economic compensation, the World Credit Organization (WCO) has the right to recover losses from units or individuals responsible for acts of dishonesty with gross negligence or subjective intent.

    Chapter V Supplementary Provisions

    5.1 With the approval of the World Credit Organization (WCO), ICE8000 credit institutions may file for the application of eligible patents for the purpose of public welfare.

    5.2 This standard shall be implemented as of the date of promulgation.

    5.3 The terms involved in this standard, if their meaning is not agreed in this standard, the meaning of which is described in the “International Credit Industry Terminology of ICE8000 International Credit Standard System”.

    5.4 All relevant parties submit various types of materials submitted to the World Credit Organization (WCO) (or ICE8000 Credit Agency) in accordance with this standard. For the copyright agreement, see the ICE8000 International Credit Standard System Document Copyright Management Standard.

    5.5 If all parties concerned know or ought to have known that any of the terms or conditions of this standard have not been complied with, but still do not expressly file a written objection in time for this non-compliance, it is deemed to waive their right to file an objection. The waiving party shall bear the legal consequences such as losses caused by the waiver, and the World Credit Organization (WCO) and other parties shall not be responsible for this.

    5.6 This standard will be revised and improved. All parties applying this standard should pay full attention to the revision of this standard and apply the latest version of this standard, but the behavior that occurred before the revision of this standard may not be subject to the new revised clause. The official website of the latest Chinese version of this standard is: https://www.ice8000.org/aenhw/gc/75.html .

    5.7 The copyright of this standard belongs to the World Credit Organization (WCO), members can use it for free and unlimited; non-members can use it for free, study, training, research, self-use, reprint, citation, adaptation, reference, reference under the premise of indicating or declaring the source. , reference. No unit or individual may plagiarize plagiarism or disguise plagiarism or otherwise infringe. Otherwise, we will jointly expose the infringing units, individuals and related personnel after the investigation of the infringement facts is clear (to issue a credit wanted order to the society). And reserves the right to pursue their legal responsibility. Do not infringe or infringe.

    5.8 The version number of this standard is expressed as: ICE8000-abcd, where: the front-end ICE8000 indicates that this standard belongs to one of the standards of the ICE8000 international credit standard system; a is the serial number of the standard in the ICE8000 system standard, if this standard is Abolished, the serial number is sometimes transferred to other standards; b is the initial writing time of this standard; c is the latest revision time of this standard; d is the number of revisions of this standard.

    5.9 This standard is interpreted by the World Credit Organization (WCO).