Notice of the State Intellectual Property Office on launching the selection process for the construction of the first batch of national intellectual property protection demonstration zones-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Notice of the State Intellectual Property Office on launching the selection process for the construction of the first batch of national intellectual property protection demonstration zones

Release Time：

2022-07-15

The "National Intellectual Property Protection Demonstration Zone Construction Plan" (Guozhi Fa Bao Zi [2022] No. 27, hereinafter referred to as the "Plan") has been approved by the State Council and issued by the State Intellectual Property Office. In order to implement the requirements of the "Plan" and advance the creation of demonstrations in an orderly manner, the application and selection process for the construction of the first batch of national intellectual property protection demonstration zones is now launched. The relevant matters are notified as follows. 1. Application conditions

Guozhifa Guarantee Letter [2022] No. 104

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government:

1. Application conditions

Entities applying for the construction of national intellectual property protection demonstration zones must meet the following conditions:

(2) The overall deployment of intellectual property protection in the region is strong, the party committee and the government attach great importance to intellectual property protection, and the overall coordination and work promotion mechanism for intellectual property protection is relatively sound and functioning well.

(3) The intellectual property protection resources in the region are well guaranteed, and the intellectual property protection institutions have a high level of professionalism and operate smoothly.

(4) The foundation for intellectual property protection in the region is relatively good. The level of administrative and judicial protection of various types of intellectual property rights such as patents, trademarks, geographical indications, and trade secrets is relatively high. The diversified resolution mechanism for intellectual property disputes is relatively sound. Intellectual property agency supervision The level is relatively high and the intellectual property public service system is relatively sound.

(5) The following veto situations do not exist in the region: major financial losses or serious negative impacts due to intellectual property infringement and illegal incidents; failure to handle intellectual property cases in a timely manner resulting in serious damage to the legitimate rights and interests of the parties; serious infringements such as group infringement and malicious repeated infringement. Illegal conduct.

2. Construction process

(1) Local declaration. Cities (regions) applying for the construction of demonstration zones need to formulate an implementation plan for the construction of national intellectual property protection demonstration zones based on the selection indicators (Annex 1), explain the basic work conditions of the region, and clarify the construction subject, construction plan, and promotion mechanism with reference to the key tasks of the demonstration zone construction. and supporting policies, etc., after review and approval by the people's government of the corresponding province (autonomous region, municipality directly under the Central Government), the people's government of the applying city (region) shall submit a construction application to the State Intellectual Property Office.

Application materials should include: "Application Form for the Creation of a National Intellectual Property Protection Demonstration Zone" (Annex 2), an implementation plan for the construction of a National Intellectual Property Protection Demonstration Zone (see Appendix 3 for an outline), and supporting materials explaining the basic situation of the work in the region. The application form and construction implementation plan must be provided in paper (in duplicate) and electronic copies. The supporting materials must be provided in electronic copies only and numbered in sequence. Please submit the above materials to the Intellectual Property Protection Department of the State Intellectual Property Office before September 30, 2022.

(2) Organizational selection. The State Intellectual Property Office, together with relevant departments, organized an evaluation and demonstration of the basic conditions and construction implementation plans of the applying cities (regions), and selected about 10 cities (regions) nationwide to carry out the construction of the first batch of national intellectual property protection demonstration zones. .

(3) Demonstration construction and certification. Determine the cities (regions) to carry out the construction of national intellectual property protection demonstration zones, and carry out work according to the demonstrated construction implementation plan. The construction period is 2 years. After the construction period, the State Intellectual Property Office will organize an acceptance review together with relevant departments. Cities (regions) that pass the review will be listed as national intellectual property protection demonstration zones. Cities (regions) that fail to pass the review can apply to continue the construction of demonstration areas. The certification of the demonstration zone is valid for 3 years. An application for renewal can be submitted to the State Intellectual Property Office within 3 months before the expiration of the validity period. The application will continue to be listed after approval.

(4) Regular evaluation. The State Intellectual Property Office, together with relevant departments, strengthens supervision and management of the construction of demonstration zones, strengthens third-party monitoring, conducts assessments of intellectual property protection levels and social satisfaction surveys, summarizes useful experiences in a timely manner, and orders rectifications for cases where work is not progressing well and there are obvious problems. If the project still does not meet the requirements after rectification, the demonstration area construction or certification qualification will be cancelled.

3. Policy support

The State Intellectual Property Office, together with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Industry and Information Technology, the General Administration of Customs, the State Administration for Market Regulation, the China Council for the Promotion of International Trade and other departments and units, clarified the first batch of support policy lists for national intellectual property protection demonstration zones (Annex 4). In accordance with the requirements of the "Plan", priority support will be given to cities (regions) and recognized demonstration areas in the construction of demonstration areas from the aspects of intellectual property protection system construction, talent team building, resource supply, etc., and priority will be given in administrative and judicial protection innovative work consider. The list of supporting policies will be adjusted and updated as the construction of the demonstration area progresses.

Attachment:1. Selection indicators for the construction of national intellectual property protection demonstration zones.docx

2. National Intellectual Property Protection Demonstration Zone Creation Application Form.docx

3. Outline for preparation of the implementation plan for the construction of national intellectual property protection demonstration zones.docx

4. National Intellectual Property Protection Demonstration Zone Support Policy List.docx

State Intellectual Property Office

July 12, 2022

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