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Guozhifabaozi [2022] No. 32

The Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, the Sichuan Provincial Intellectual Property Service Promotion Center, and relevant local centers; all departments of the State Intellectual Property Office, all departments of the Patent Office, the Trademark Office, and other directly affiliated units of the State Intellectual Property Office, all Social groups:

In order to thoroughly implement the "Outline for Building a Powerful Country on Intellectual Property (2021-2035)" issued by the Central Committee of the Communist Party of China and the State Council and the "Opinions on Strengthening Intellectual Property Protection" issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, promote the establishment and improvement of intellectual property rights infringement The dispute appraisal work system promotes the professional and standardized development of intellectual property appraisal institutions, improves the quality and credibility of intellectual property appraisal, better guarantees the law enforcement and handling of cases by administrative agencies and judicial organs, and strengthens the protection of the entire chain of intellectual property. We now propose to strengthen the work of intellectual property appraisal The following comments.

1. Overall requirements

(1) Guiding ideology. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will fully implement the spirit of the 19th National Congress of the Communist Party of China and all 19th Plenary Sessions, thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council on comprehensively strengthening intellectual property protection, and adhere to the combination of government guidance and industry self-discipline. Integrate, adhere to the combination of high-quality development and standardized management, adhere to the combination of theoretical research and practical exploration, focus on building an intellectual property appraisal working mechanism, improve the standard system, strengthen supervision and management, promote the professional and standardized development of intellectual property appraisal institutions, and strengthen knowledge Property rights appraisal provides professional and technical support for administrative adjudication, administrative law enforcement, judicial trials, arbitration and mediation, etc., providing a solid foundation for building a comprehensive intellectual property protection work pattern and promoting the comprehensive strengthening of intellectual property protection.

(2) Main objectives. Strive to form a relatively complete management mechanism for intellectual property appraisal work and establish a multi-level and multi-type intellectual property appraisal standard system by 2025. The scale of intellectual property appraisal institutions is reasonable, the coverage of technical fields is wide, and the level of specialization and standardization has been significantly improved. Intellectual property appraisal Its application scope is wider and its technical support role in comprehensively strengthening intellectual property protection work is more prominent.

2. Main tasks

(1) Clarify work positioning. Support intellectual property appraisal institutions that comply with national standards and group standards related to intellectual property appraisal to organize appraisers to carry out intellectual property appraisal activities, use science and technology and expertise to identify, analyze and judge specialized factual issues related to intellectual property, and provide appraisal opinions. Focus on the identification of various types of intellectual property rights such as patents, trademarks, geographical indications, and integrated circuit layout designs, and mainly assist in resolving specialized factual issues in intellectual property disputes. As a kind of evidence, intellectual property appraisal opinions must be verified to be true before they can be used as the basis for determining the facts of the case.

(2) Improve the standards system. Promote the introduction of national standards and group standards related to intellectual property appraisal. Research and formulate basic standards such as terminology specifications for intellectual property appraisal, as well as professional standards for intellectual property appraisal such as patents and trademarks, and establish and improve the intellectual property appraisal standard system. Strengthen the guidance on the application of standards for appraisers in intellectual property appraisal activities, support local implementation and implementation of intellectual property appraisal standards, and promote the standardized development of various types of intellectual property appraisal work.

(3) Strengthen institutional cultivation. Provincial intellectual property management departments strengthen overall planning, scientifically formulate local intellectual property appraisal work plans, and adhere to rational layout, orderly development, and convenience for the people. Establish and improve the business guidance working mechanism for the intellectual property management department to industry self-regulatory organizations and intellectual property appraisal institutions. Through the implementation of intellectual property appraisal standards, we will actively and orderly cultivate intellectual property appraisal institutions, continuously expand the coverage of intellectual property appraisal technology, effectively promote the improvement of appraisal institutions, and achieve high-quality development of the industry.

(4) Improve industry management. Promote the establishment of national industry self-regulatory organizations, study and formulate management and evaluation systems for intellectual property appraisal institutions, and uniformly implement intellectual property appraisal quality management systems such as procedures, technical standards, and operating specifications. Establish a selection and recommendation mechanism for intellectual property appraisal institutions, establish a national unified directory of intellectual property appraisal institutions, and realize dynamic adjustment of the directory. Appraisal institutions that have passed the implementation of intellectual property appraisal standards will be included in the directory and made public for selection and use by relevant administrative agencies, judicial agencies, arbitration and mediation organizations, etc. Encourage and support local governments to establish self-regulatory organizations for the intellectual property appraisal industry.

(5) Carry out industry evaluation. Support industry self-regulatory organizations to explore and formulate evaluation methods for the intellectual property appraisal industry, and urge intellectual property appraisal institutions and appraisers to practice lawfully and compliantly. Support the formulation and implementation of conventions on the practice of intellectual property appraisal institutions and appraisers. Promote the implementation of third-party evaluations such as quality supervision and professional assessment and intellectual property appraisal satisfaction evaluation, and make the evaluation results public in a timely manner. Encourage industry self-regulatory organizations to strengthen industry integrity construction, and strengthen credit supervision of intellectual property appraisal institutions and appraisers in accordance with laws and regulations.

(6) Improve the coordination mechanism. Establish a consultation mechanism between intellectual property administrative departments and law enforcement departments, public security agencies, people's courts, procuratorial organs and related departments, promptly study and solve major problems faced by intellectual property appraisal work, and give full play to the role of intellectual property appraisal in strengthening the protection of the entire chain of intellectual property rights. role in. Strengthen the mutual recommendation and sharing of the directory of intellectual property appraisal institutions, and promote the establishment of a feedback mechanism for the performance of intellectual property appraisal institutions. Strengthen cooperation with self-regulatory organizations in the intellectual property appraisal industry, such as communication, information sharing, personnel training, and project research. Support the inclusion of intellectual property appraisal into regional intellectual property law enforcement cooperation content.

(7) Strengthen capacity improvement. Strengthen the ideological and political construction of intellectual property appraisal institutions and appraisers, and effectively improve the ideological and political quality of practitioners. Guide industry self-regulatory organizations to strengthen basic theoretical research and improve the intellectual property appraisal theoretical system; formulate an intellectual property appraisal education and training work plan, carry out graded and classified training, give full play to the role of scientific research, institutions and other units, strengthen the construction of training teachers and teaching materials, and regularly organize typical cases Discussions and experience exchanges; actively carry out research on intellectual property appraisal issues involved in emerging fields such as artificial intelligence and big data, and continuously improve intellectual property appraisal methods and means; use information technology such as the Internet to establish a library of intellectual property appraisal application cases.

(8) Promote self-regulation. Guide industry self-regulatory organizations to establish and improve industry evaluation systems, carry out intellectual property appraisal practice inspections, document quality assessments and situation reports, explore the establishment of a complaint handling mechanism for professional activities, and improve industry incentives and punishment mechanisms; through special learning, warning education, case notifications, etc. , strengthen daily guidance to prevent the occurrence of multiple, repeated and false appraisals; improve the level of information supervision, and promote the implementation of full-process traces and full-process supervision in all aspects of appraisal acceptance, appraisal process, appraisal opinion review and issuance, etc. To promote strict standards for intellectual property appraisal, intellectual property appraisal institutions should have clear business scope, necessary conditions for carrying out work, and a certain number of appraisers. Guide intellectual property appraisers to obtain business-related professional and technical titles, professional qualifications or work experience, and acquire professional skills. If an intellectual property appraiser or appraisal institution is found to have intentionally made false appraisals or other illegal acts in accordance with the law, it will be removed from the directory of intellectual property appraisal institutions, and will be punished by the self-regulatory organization of the intellectual property appraisal industry in accordance with the provisions of the charter, and will be transferred to the provincial intellectual property administrative department. Relevant departments will deal with it; if it constitutes a crime, criminal responsibility will be pursued in accordance with the law; if serious irresponsibility causes losses to the legitimate rights and interests of the parties, legal responsibility will be borne in accordance with the law.

3. Organizational guarantee

(1) Strengthen organizational leadership. All regions must fully understand the importance of intellectual property appraisal work in comprehensively strengthening intellectual property protection work, closely integrate with the actual work, conduct careful investigation and research, comprehensively understand the development of intellectual property appraisal work in their region, and actively seek cooperation with party committees, governments and relevant departments and units. Attach great importance to support, incorporate it into the overall deployment of local intellectual property protection work, and refine work measures to ensure the smooth and effective advancement of various work tasks.

(2) Strengthen job security. The State Intellectual Property Office strengthens policy guidance on intellectual property appraisal work, promotes self-regulatory organizations in the intellectual property appraisal industry to carry out industry self-regulatory management, and strengthens tracking, guidance and dynamic management of the construction of intellectual property appraisal institutions. All regions have increased policy support, continuously increased the training of local intellectual property appraisal institutions and appraisers, and established and improved the local intellectual property appraisal work system.

(3) Strengthen publicity and promotion. Actively publicize and promote the achievements and experiences in intellectual property appraisal work. Promptly report and commend advanced collectives and individuals that emerge in the work, continuously improve social awareness and credibility of intellectual property appraisal, and create a good environment for comprehensively strengthening intellectual property protection.

State Intellectual Property Office

July 26, 2022

Related links:Interpretation of "Guiding Opinions on Strengthening Intellectual Property Appraisal Work"

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