Letter of reply from the State Intellectual Property Office to Recommendation No. 4804 of the First Session of the 14th National People's Congress: Suggestions on accelerating the industrialization of intellectual property rights-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Letter of reply from the State Intellectual Property Office to Recommendation No. 4804 of the First Session of the 14th National People's Congress: Suggestions on accelerating the industrialization of intellectual property rights

Release Time：

2023-09-08

Representative Liu Xiaohua:

Your "Suggestions on Accelerating the Industrialization of Intellectual Property Rights" proposed by you have been received. Taking into account the opinions of the State Administration of Financial Supervision and Administration and the Ministry of Finance, the reply is as follows.

1. Regarding “raising the awareness of innovative entities in accelerating the industrialization of intellectual property rights”

Our bureau, together with the Ministry of Finance, will implement in-depth the special plan for patent conversion, give full play to the guiding role and leveraging effect of central fiscal funds, award and subsidize 20 provinces in three batches, guide local governments to establish an industrialization orientation, and further enhance the innovation of universities, scientific research institutes, etc. Main patent transformation efficiency and implementation benefits. In 2022, the number of patent transfer licenses in the first two batches of 16 provinces with subsidies and subsidies will reach 344,000, accounting for 84.0% of the country's total. Among them, the transfer of licensed patents from universities and scientific research institutes to small and medium-sized enterprises increased by 54.1% compared with before the implementation of the plan. Organize and build a national pilot platform for patent-intensive product registration and certification, issue the "Notice on Organizing and Carrying out Patent Product Registration Work", guide local governments to carry out patent product registration work in a solid and orderly manner, study and introduce support policies for patent-intensive industries and products, and promote patents The transformation is effective on the product side and industry side. As of June 2023, a total of 27,000 patented products have been registered on the pilot platform, involving 200,000 patents, with annual sales of approximately 3.5 trillion yuan.

2. Regarding “Building an Intangible Asset Value Assessment System”

The first is to improve the policy system and basic support. Our bureau takes the lead in implementing the relevant recommendations of the State Council’s ninth major inspection on “improving supporting policies for intellectual property evaluation management”, formulating work plans together with the Ministry of Finance, the People’s Bank of China, and the State Administration of Financial Supervision, and coordinating and promoting the improvement of evaluation policies, formulation of evaluation standards, and pilot banks Internal evaluation and other work. Cooperate with the Ministry of Finance to study and draft relevant policy documents on strengthening the evaluation and management of intellectual property assets. In 2021 and 2022, the statistical data on patent implementation license royalties for the past five years will be released on a rolling basis. According to the classification of different national economic industries, the number of contracts, license fee payment methods, license fee amounts, commission rates and other information will be analyzed and released to provide a basis for the development of intellectual property rights. Assessment and market-based pricing provide important basic data for reference.

The second is to improve the evaluation criteria and standards. Our bureau, together with the People's Bank of China and the State Administration of Financial Supervision, has studied and formulated the national standard "Patent Evaluation Guidelines" to guide relevant parties to better understand the value characteristics and application rules of patents, and scientifically use relevant indicators for evaluation. The Ministry of Finance guides the China Asset Appraisal Association to continuously improve the system of intellectual property asset appraisal standards, which currently consists of procedural standards such as the "Asset Appraisal Practice Guidelines - Asset Appraisal Procedures", the "Asset Appraisal Practice Guidelines - Intangible Assets" and the "Intellectual Property Asset Appraisal Guidelines". 》"Patent Asset Assessment Guidance", "Copyright Asset Assessment Guidance", "Trademark Asset Assessment Guidance" and other intellectual property-related standards constitute the asset assessment standard system, in terms of basic compliance, operational requirements, assessment objects and scope, assessment methods, disclosure Requirements and other aspects have been standardized, clarifying the specific operations of intellectual property evaluation business in different evaluation scenarios such as transfer, licensing, investment, pledge, litigation, financial reporting, etc., and effectively guiding asset evaluation agencies to conduct business.

The third is to strengthen the training of evaluation talents. The Ministry of Finance guides the China Asset Appraisal Association to focus on cutting-edge business and hot and difficult issues, organize and carry out business training related to intellectual property appraisal, timely interpret the requirements of intellectual property-related standards and practical operation points, and help asset appraisal institutions and appraisal professionals in the field of intellectual property update relevant Professional knowledge and skills.

In the next step, our office will continue to work with relevant departments to improve the policy system and guideline system for intellectual property asset evaluation, and publish and promote the national standard "Patent Evaluation Guidelines". Strengthen the construction of intellectual property asset evaluation institutions and talent teams to provide service support for intellectual property industrialization.

3. Regarding “Improving the Insurance System for Intellectual Property Transformation”

The first is to strengthen policy guidance and support. In 2019, the former China Banking and Insurance Regulatory Commission, together with our bureau and the National Copyright Administration, issued the "Notice on Further Strengthening Intellectual Property Pledge Financing" to guide banking financial institutions to establish risk assessment, credit review, credit due diligence, rewards and punishments that are suitable for the characteristics of intellectual property pledge financing. system, improve the tolerance of non-performing loans, and at the same time, encourage insurance institutions to carry out guarantee insurance business related to intellectual property pledge financing on the premise of controllable risks. In 2022, our bureau, the former China Banking and Insurance Regulatory Commission, and the National Development and Reform Commission jointly released the first batch of typical cases of intellectual property pledge financing and insurance, and carried out the promotion of typical experience covering intellectual property insurance.

The second is to continue to optimize the supply of intellectual property insurance products. The State Administration of Financial Supervision and Administration guides insurance companies to enrich the supply of intellectual property insurance products according to market demand, innovate insurance products related to intellectual property protection in international trade, promote insurance to support the protection and application of intellectual property rights, improve the intellectual property insurance protection system, and guide enterprises to use intellectual property-related insurance Reduce rights protection costs. From the perspective of insurance subjects, common intellectual property rights include patents, trademarks, and geographical indications; from the perspective of protection links, it has covered the entire process of patent application, patent enforcement, patent enforcement, enterprise overseas expansion, and pledge financing.

The third is to strengthen collaboration to form new plans for intellectual property insurance services. The State Administration of Financial Supervision supports insurance companies in carrying out research on innovative service solutions for intellectual property insurance, guides insurance companies to explore and build a full-process service system for intellectual property insurance with "pre-event risk assessment, in-process risk tracking, and post-event efficient services", and encourages the use of big data, New technologies, formulate scientific and reasonable intellectual property insurance pricing models, promote the construction of a full life cycle risk management system for intellectual property, and provide intellectual property "insurance + service" innovation.

In the next step, our bureau will work with the State Administration of Financial Supervision to continue to optimize the policy environment, promote the pilot work of intellectual property insurance, guide the improvement of insurance products and services, increase publicity and promotion efforts, and continuously promote the construction of the intellectual property insurance system.

We sincerely thank you for your concern and support for intellectual property work. We hope to continue to pay attention to the development of intellectual property and provide more valuable opinions and suggestions on our work.

State Intellectual Property Office

August 21, 2023

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