First, the study puts forward the "four sufficient" basic principles for constructing data intellectual property protection rules. The first is to fully consider data security, public interests and personal privacy; the second is to fully grasp the unique attributes of data and the objective laws of the property rights system; the third is to fully respect the labor and related inputs of data processors; the fourth is to give full play to the role of data in the digital transformation of the industry and supporting role in high-quality economic development.
Second, the study sorted out a series of key issues in data intellectual property protection. Including protection objects, protection subjects, empowerment methods, rights and interests content, application modes, etc. For example, we propose that data intellectual property protection objects should meet three conditions, including data collections that are obtained in accordance with laws and regulations, processed under certain rules, and have practical value. For another example, we propose that the authorization method is registration and confirmation of rights. The data processor submits a registration application, and the intellectual property management department conducts a review of the requirements to determine whether to register. For another example, the data rights holder has the rights to hold, use, trade and profit from the registered data, and can also regulate others from obtaining and using the data in improper ways. Among them, the data intellectual property registration certificate can be used as proof of data ownership.
Third, actively promote local data intellectual property pilot work. Pilot work has been carried out in 8 provinces and cities including Beijing, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Guangdong and Shenzhen. A data intellectual property registration platform has been launched and a total of more than 2,000 data intellectual property registration certificates have been issued to business entities. The total amount of data intellectual property pledge financing in various pilot areas has exceeded 1.1 billion yuan. Local intellectual property offices such as Shanghai and Guangdong have also strengthened collaboration with courts, market supervision and other departments to achieve coordinated protection.
In the next step, the State Intellectual Property Office will continue to strengthen work coordination with relevant departments, deepen research on data intellectual property protection rules, actively carry out international cooperation and exchanges in the field of data intellectual property, promote the early issuance of relevant policy documents, and promote digital technology Innovation, transaction circulation and global governance will better support the development of the digital economy. Thanks.
First, continue to strengthen legislative amendments and strengthen legal protection. Timely revise and improve the intellectual property legal system, fill the gaps in intellectual property legislation, and refine various system regulations. In particular, we will accelerate the establishment of intellectual property protection rules for new fields and new business formats, laying a solid institutional foundation for opening up new tracks for industrial development.
The second is to improve the quality and efficiency of review and strengthen source protection. Improve the timeliness of intellectual property authorization and the stability of rights, and consolidate the source foundation of intellectual property protection. At present, we have formed a team of more than 20,000 examiners, built an internationally advanced intelligent examination and retrieval system, and constructed a variety of examination modes. The patent and trademark examination cycle has reached the internationally advanced level under the same examination system, and the examination quality Steady improvement.
The third is to promote work connection and coordination and strengthen collaborative protection. Strengthen the connection between administrative protection and judicial protection, promote the consistent implementation of administrative law enforcement standards and judicial judgment standards, improve the docking mechanism of litigation and mediation, and not only give full play to the advantages of convenient, efficient and low-cost administrative protection, but also give full play to the authority and finality of judicial protection effect. At present, the State Intellectual Property Office has established a collaborative protection mechanism with the Supreme People's Court, Supreme People's Procuratorate, Ministry of Justice, Ministry of Public Security, etc., forming a joint effort.
The fourth is to consolidate the protection responsibilities of all parties and strengthen social co-governance. Guide industries and enterprises to conscientiously fulfill their social responsibilities for intellectual property protection, promote the construction of an integrity system in the field of intellectual property, and strengthen joint punishment of serious violations of law and dishonesty. Carry out various forms of intellectual property law popularization and publicity to enhance the whole society's awareness of respecting and protecting intellectual property rights.
Fifth, adapt to the new characteristics of infringement and strengthen technical support. Strengthen the construction of intellectual property informatization and intelligent infrastructure, strengthen the application of information technologies such as the Internet, artificial intelligence, and big data in the field of intellectual property review and protection, and promote the integrated development and integration of online and offline intellectual property protection. Strengthen international cooperation in intellectual property protection and promote equal protection at home and abroad.
At present, focusing on strengthening the protection of the entire chain, the State Intellectual Property Office is also working with relevant departments to speed up the formulation of the "Implementation Plan for the Construction of Intellectual Property Protection System", starting from the entire chain, process, and elements of intellectual property protection, strengthening the overall design, and improving the overall design. Protection work pattern, further weaving a dense intellectual property protection network, and helping to create a better innovation environment and business environment. Thanks.
Next, we will thoroughly study and implement Xi Jinping’s cultural thoughts, implement the spirit of the National Propaganda Ideological and Cultural Work Conference, and actively take measures together with relevant departments to promote the high-quality development of the copyright industry.
The first is to optimize copyright social services. Further improve regulations and systems in the fields of copyright registration and copyright collective management, improve the quality and efficiency of copyright registration, strengthen guidance and supervision of copyright collective management organizations, and further optimize the copyright business environment.
The second is to deepen the creation of copyright demonstrations. Currently, 18 national copyright demonstration cities, 304 national copyright demonstration units, and 85 national copyright demonstration parks (bases) have been awarded. We will continue to advance the creation work and guide and promote various regions and departments to formulate policies and initiatives to support the creation of copyright demonstrations.
The third is to explore the construction of a national copyright innovation and development base. At present, national copyright innovation and development bases have been established in Qianhai, Shenzhen, Pudong, Shanghai, and Tianfu New District, Sichuan. We will integrate national strategic decisions, regional development characteristics, and the nature of copyright incentives to innovate, and continue to build a national copyright innovation and development base.
Fourth, continue to build a national copyright exhibition licensing and trading system led by the China International Copyright Expo. The National Copyright Administration will hold the 9th China International Copyright Expo in Chengdu, Sichuan Province from the 23rd to the 25th of this month to fully demonstrate the fruitful achievements of my country’s copyright industry and allow more high-quality Chinese copyright products to go global.
Fifth, guide the professional construction of the National Copyright Trading Center (trade base). Further standardize activities such as copyright assessment, copyright transactions, copyright financing, monitoring and rights protection, and copyright consultation.
Sixth, study and formulate guiding documents to promote the high-quality development of the copyright industry. Through policy guidance, efforts will be made to promote the in-depth integrated development of the copyright industry, cultural industry and cultural undertakings, so as to achieve effective improvement in quality and reasonable growth in quantity. Thanks.
Thank you for your question. With the in-depth development of a new round of scientific and technological revolution and industrial transformation, the fundamental role of digital resources and digital economy in economic and social development has become increasingly prominent. The Party Central Committee and the State Council attach great importance to the development of the digital economy and have made clear arrangements to promote the deep integration of the digital economy and the real economy and help build a modern industrial system. The pace of innovation and development of the digital economy continues to accelerate, and patent creation and reserves continue to strengthen. Statistics show that as of the end of 2022, the number of valid invention patents in the core industries of the domestic digital economy was 1.273 million, mainly showing the following characteristics:
First, invention patents in core industries of the digital economy are growing rapidly. In 2022, the number of invention patent authorizations in the core industries of the domestic digital economy will reach 296,000, accounting for 42.6% of the total number of domestic invention patent authorizations. Since 2016, the average annual growth rate has been 22.6%, which is 1.5 times the average annual growth rate of the total domestic invention patent authorizations during the same period. Patent innovation has shown a vigorous development trend.
Second, leading enterprises should play a leading role in innovation. As of the end of 2022, among the effective amounts of invention patents in the core industries of the digital economy, the top 10 domestic enterprises’ total effective amounts accounted for 10.8%, accounting for more than one-tenth. Driven by leading enterprises, the digital economy of domestic enterprises The effective amount of invention patents in core industries accounts for more than 70%, and it has occupied the main position of innovation.
Third, the digital economy innovation cluster is developing significantly. As of the end of 2022, the effective amount of invention patents in the core industries of the digital economy in the Yangtze River Delta, the Guangdong-Hong Kong-Macao Greater Bay Area and the Beijing-Tianjin-Hebei region accounted for 71.3% of the effective amount of invention patents in the core industries of the domestic digital economy, showing a "three strong" situation. The eastern region Accelerate the cultivation of digital economy industrial clusters and build new regional advantages for digital economy development.
In addition, the number of foreign companies applying for invention patents in core industries of the digital economy in China has steadily increased, from 6,418 in 2016 to 7,613 in 2022. As of the end of 2022, rights holders from 95 countries (regions) around the world have 327,000 invention patents in core industries of the digital economy in China, reflecting the high importance that relevant foreign companies attach to my country's digital economy market.
Driven by digital technology innovation, in the first three quarters of this year, the number of domestic invention patent authorizations in my country reached 620,000, a year-on-year increase of 16.4%, and the development trend continues to improve. In the next step, the State Intellectual Property Office will focus on industrial transformation and upgrading, continue to build and improve an intellectual property rule system that is compatible with new technologies, continue to improve the efficiency of intellectual property transformation and application, and provide stronger support for the digital transformation of the economy and society. Thanks.
Thank you for your question. In recent years, the State Intellectual Property Office has thoroughly implemented General Secretary Xi Jinping’s important instructions on strengthening the construction of intellectual property informatization and intelligent infrastructure, adhered to the work goal of “smart and efficient”, and accelerated the integration of various intellectual property public service systems. , optimize and upgrade, and continue to promote the diversification of the supply of intellectual property public service products and intelligent services.
First, provide the public with a series of smart and convenient intellectual property information public service products. With the national intellectual property public service network as the hub, a patent search and analysis system, a design patent search public service system, a key industry patent information service platform, an intellectual property data resource public service system, a patent business processing system, and an EU trademark query system have been basically completed. and trademark online service systems as the main carriers of “1+N” model information public service products. Up to now, the public service network has been visited a total of 11.1 million times.
The second is to continue to improve the facilitation level of intellectual property information inquiry services. "Intellectual property" themed services were launched on the State Council client and the national government service platform, enabling "handheld search" of patent announcements, trademark announcements, intellectual property public service agencies and other information, and a total of 1.7 million services were provided.
Third, the project establishment of the national intellectual property protection information platform was successfully completed. Adhere to user thinking and goal orientation, continuously enrich the business scenarios of the national intellectual property protection information platform, and improve the functional design. In June this year, the preliminary design plan of the platform was approved by the National Development and Reform Commission, and the project establishment work was successfully completed, laying a good foundation for accelerating the establishment of a gathering center and sharing hub for intellectual property data and better utilizing the value of intellectual property data.
The fourth is to coordinate and guide local governments to intensify the construction of intellectual property digital public service platforms. Adhere to the concept of "a national game of chess" and combine it with thematic education special research activities to comprehensively understand the current status of local intellectual property public service platforms and databases in 27 provinces and cities, guide relevant localities to focus on innovation development needs and industrial development needs, and build differentiated and characteristic knowledge Property rights thematic database and intensive construction of an intellectual property digital public service platform.
In the next step, the State Intellectual Property Office will accelerate the construction of a national integrated intellectual property digital public service platform, continue to increase guidance on the construction of local intellectual property public service platforms and databases, and increase the promotion of intellectual property information public service products. , promote the interconnection and data sharing of intellectual property public service platforms and databases at all levels, and promote innovation results to better benefit the people. Thanks.
Thank you for your question. Let me answer your question. Manufacturing is the country's pillar industry, and private enterprises are an important force in promoting the development of manufacturing. In recent years, in accordance with the decisions and arrangements of the Party Central Committee and the State Council, the State Intellectual Property Office has adopted a series of targeted measures around intellectual property rights to empower the development of private manufacturing, protect the legitimate rights and interests of private enterprises in accordance with the law, and continuously enhance the innovative vitality and vitality of private enterprises. Development momentum, promote the expansion of private manufacturing investment, help build a modern industrial system, and promote the development of the real economy.
The first is to strengthen technological empowerment and help private enterprises find good investment projects. Promote the precise connection between universities, scientific research institutions and private enterprises, strengthen the supply of patented technologies, help enterprises develop new products, and enhance their confidence in investment in the manufacturing field. Since last year, we have organized 22 provinces to carry out patent open licensing pilots, and have granted nearly 10,000 licenses. At present, universities and scientific research institutions are further organized to revitalize existing patents, and use big data and artificial intelligence technology to match and push patented technologies to private enterprises according to manufacturing industry segments, so as to promote the docking and transfer of patented technology supply and demand.
The second is to strengthen intellectual property protection and allow private enterprises to dare to invest. Establish a full-chain intellectual property protection mechanism for private enterprises, from technology research and development, to product manufacturing, to market operations, to effectively protect the intellectual property rights of private enterprises, so that private enterprises dare to invest and operate with peace of mind. Continue to improve the rapid collaborative protection system of intellectual property rights and the rights protection assistance network to provide private enterprises with convenient, efficient, and low-cost rights protection channels. At present, we have established 103 national intellectual property protection centers and rapid rights protection centers across the country, covering multiple manufacturing fields such as high-end equipment manufacturing, new generation information technology, new energy and new materials, biomedicine, etc., with more than 12 registered companies. Thousands of families.
The third is to increase financing support to help solve the financing problems of private enterprises. Work closely with large state-owned banks to coordinate the launch of intellectual property financial products and effectively increase intellectual property financing support for private manufacturing companies. In the first three quarters of this year, the national patent and trademark pledge financing amount reached 495.03 billion yuan, a year-on-year increase of 52.9%. Among them, inclusive mortgage projects with a financing amount of less than 10 million yuan accounted for 71.6%, benefiting 18,000 small and medium-sized enterprises, a year-on-year increase of 41.7%.
In the next step, the State Intellectual Property Office will take the opportunity to launch a special action on patent conversion and utilization, and work with relevant departments to further improve policies, strengthen protection, and optimize services, especially through patent industrialization to promote the growth of small and medium-sized enterprises, cultivate and promote patent-intensive products, and promote Investment in the private manufacturing sector can better support the development of the real economy. Thanks.
Thank you for your question. The report of the 20th National Congress of the Communist Party of China emphasized the need to strengthen legal protection of intellectual property rights and form a basic system to support comprehensive innovation. In order to implement the decisions and arrangements of the Party Central Committee and the State Council, the State Intellectual Property Office has cooperated with the legislative department in recent years to carry out a series of work around the revision and improvement of laws and regulations related to intellectual property. Among them, the Implementing Rules of the Patent Law are important supporting administrative regulations to ensure the effective implementation of the newly revised Patent Law and the smooth implementation of various new systems. Its revision has always attracted widespread attention from all walks of life. In the process of revising the Implementing Rules of the Patent Law, we adhere to General Secretary Xi Jinping’s important instructions and expositions on intellectual property work as a guide, thoroughly implement the core essence of Xi Jinping’s thought on the rule of law, adhere to open-door legislation, ask the people’s opinions, and solicit opinions through public consultation and convening A total of 1,180 revision opinions and suggestions were listened to through various methods such as symposiums and enterprise surveys, and relevant suggestions and plans were absorbed into the revised provisions of the implementation rules.
This revision has three characteristics: First, it implements the decisions and arrangements of the Party Central Committee and the State Council on strengthening intellectual property protection, and further improves my country's patent creation, use, protection, management and service levels. The second is to refine and improve relevant systems in accordance with the revised patent law to maintain the consistency and stability of the patent system. The third is to connect with the relevant international treaties it has joined, actively implement international treaty obligations, and further integrate into international rules.
Specifically, the revisions mainly involve five aspects: First, improve the patent application system to facilitate applicants and innovative entities; second, improve the patent review system and improve the quality of patent review; third, strengthen patent administrative protection and safeguard the legitimate rights and interests of patentees. ; The fourth is to strengthen patent public services and promote the transformation and application of patents; the fifth is to add special regulations for international applications for industrial designs to strengthen the connection with the Hague Agreement.
This revision of the Implementing Rules of the Patent Law is of great significance for further improving the level of legalization of intellectual property work. It is conducive to further leveraging the important role of the patent law in promoting technological innovation and the development of new industries and new tracks, and is conducive to further optimizing the business environment. , and promote high-quality economic development. Thanks.
Thank you for your question. Infringement and piracy not only damages the legitimate rights and interests of copyright owners, but also seriously restricts the healthy development of the digital cultural industry. To this end, the National Copyright Administration, together with relevant departments, has actively taken measures to continue to strengthen copyright protection for new formats in the digital field.
First, promote the improvement of the copyright legal system. Implement the requirements for the revision of the Copyright Law, actively promote the revision of supporting laws and regulations of the Copyright Law, promote the copyright legal system to better adapt to the needs of the rapid development of new technologies in the network environment, and better exert the copyright legal system to regulate and guide the development of new business formats. and protective effect.
The second is to strengthen special rectification in key areas. Together with relevant departments, we have successively organized and carried out special actions to protect the copyright of theatrical movies, protect youth copyrights, continue to pay attention to the industry, intensify rectification efforts in key areas where infringement and piracy are common, and strengthen the protection of key areas such as online videos, music, literature, and live broadcasts. Focus on copyright supervision on communication platforms such as , e-commerce and other media, promote copyright protection to stimulate cultural innovation and creativity, and create a good environment for the high-quality development of the copyright industry. Since the beginning of this year, copyright administrative law enforcement departments at all levels have deleted more than 250,000 online infringing links and disposed of more than 40,000 infringing accounts, promoting the establishment of a good order for copyright protection in new business formats.
The third is to consolidate the main responsibility of the website platform. Strengthen copyright supervision and monitoring of key websites, and increase copyright warnings for key works. Since 2019, the National Copyright Administration has released 45 batches of 371 lists of key works for copyright protection, promoting the establishment and improvement of a comprehensive management system for online copyright protection, and further standardizing the Internet Platform copyright obligations, implement platform main responsibilities, promote the establishment of a solid platform concept of co-governance and joint construction of a clear online copyright space, and promote the compliance and steady development of the online copyright industry.
The fourth is to continuously promote social co-governance. Actively promote copyright cooperation between website platforms and rights holder organizations and rights protection alliances, establish green channels for copyright protection, improve the effectiveness of rights protection, actively support relevant industry associations and copyright collective management organizations to fully play their role in collective rights protection, increase copyright protection publicity, and strive to create A good atmosphere in which the whole society respects copyright.
Next, we will continue to deepen copyright law enforcement and supervision, carry out in-depth governance of key areas and issues of social concern and public concern, continue to purify the online copyright environment, and create a good copyright business environment for innovation-driven development. Thanks.
Thanks. On December 31, 2018, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Opinions on Improving the Administrative Adjudication System and Strengthening Administrative Adjudication Work", which clearly required that "we must focus on administrative adjudication work in aspects such as intellectual property infringement disputes and compensation disputes" ". The fourth revision of the Patent Law added relevant provisions that the patent administration department of the State Council can handle patent infringement disputes that have a major impact across the country. In June 2021, the State Intellectual Property Office issued the "Measures for Administrative Adjudication of Major Patent Infringement Disputes" and an announcement on case acceptance matters, officially launching the administrative adjudication of major patent infringement disputes. The establishment of an administrative adjudication system for major patent infringement disputes provides a strong guarantee for quickly stopping infringements and promptly protecting the legitimate rights and interests of patent holders and the public. It also reflects the Chinese government’s consistent commitment to strengthening intellectual property protection and maintaining market order with fair competition. Pay attention to.
Up to now, the State Intellectual Property Office has accepted and concluded two batches of 12 administrative adjudication cases on major patent infringement disputes. In 2021, our bureau conducted trials on the first two cases involving the pharmaceutical field that were accepted, focusing on key disputes such as drug listings. Finally, it was determined that the infringement was established, and the respondent was ordered to immediately stop the infringement. The relevant infringing products involved in the case were sold nationwide. Taking it off the shelves has effectively protected the legitimate rights and interests of right holders and the healthy development of the industry, aroused generally positive responses in the industry, and brought more confidence to the majority of companies committed to innovation. This year, our office conducted trials in accordance with laws and regulations for the second batch of 10 accepted cases involving standard essential patents in the field of information and communications. In the end, the two parties involved reached a patent cross-licensing agreement and the case was concluded in accordance with the law. This disposal method that promotes parties to reach patent cross-licensing on the basis of respecting intellectual property rights through administrative channels can effectively resolve disputes, promote mutual benefit and win-win results, and provide new ideas and new ways for relevant industries to resolve patent disputes.
In the next step, the State Intellectual Property Office will thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council on comprehensively strengthening intellectual property protection, strengthen the innovation of administrative adjudication systems and mechanisms, improve administrative adjudication procedural standards, strengthen administrative adjudication capacity building, and make administrative adjudication efficient and professional. , the advantages of convenience are more apparent, enriching the channels for resolving intellectual property disputes, and better serving innovation-driven development. Thanks.
Thank you for your question. Let me answer this question. Greater efforts to attract and utilize foreign investment are an important part of promoting high-level opening up. The ongoing Sixth China International Import Expo has attracted representatives from 154 countries, regions and international organizations around the world, and more than 3,400 companies are participating in the exhibition. It is an unprecedented event. This is a major measure taken by China to unswervingly expand its opening up and attract foreign investment on a larger scale. In recent years, the State Intellectual Property Office has thoroughly implemented the decisions and arrangements of the Party Central Committee and the State Council, actively responded to and resolved the concerns and demands of foreign-funded enterprises in terms of intellectual property, strictly protected the intellectual property rights of foreign-funded enterprises in accordance with the law, and helped create a market-oriented, legal and international The first-class business environment has promoted my country to become the preferred place for global corporate investment, the first place to promote cutting-edge technology, and the first place for innovative products.
First, continue to improve the international cooperation and exchange platform mechanism for intellectual property rights. Deeply participate in multilateral affairs under the framework of the World Intellectual Property Organization, proactively align with high-standard international economic and trade rules, and fully fulfill international treaty obligations. Continue to promote the high-quality development of intellectual property cooperation along the Belt and Road Initiative. It has established intellectual property cooperation relationships with more than 80 countries, regions and international organizations. Established Patent Prosecution Highways (PPH) with 32 countries including the United States, the United Kingdom, France, Germany, and Japan. In-depth participation in the intellectual property department cooperation mechanisms of China, the United States, Europe, Japan and South Korea, BRICS, China-ASEAN, China-Central Asia, China-Africa, etc., and the establishment of multilateral, peripheral, mini-multilateral, and bilateral "four-sided linkage and coordinated advancement" of intellectual property rights A new pattern of international cooperation.
Second, actively respond to and resolve the concerns and demands of foreign-funded enterprises regarding intellectual property rights. Since the beginning of this year, we have held several symposiums on intellectual property rights for foreign-funded enterprises, with representatives from the U.S.-China Business Council, the International Trademark Association, the European Union Chamber of Commerce in China and other institutions, as well as Dolby Laboratories, Tesla, Nestle Group, Nike, Qualcomm, etc. Leaders of companies and other enterprises conducted face-to-face and in-depth exchanges to listen to and respond to their concerns and demands in terms of early resolution mechanisms for drug patent disputes, malicious invalidation of patents, malicious trademark registration, and online infringement.
Third, strictly protect the intellectual property rights of foreign-funded enterprises in accordance with the law. We will insist on equal treatment and equal protection of the intellectual property rights of domestic and foreign-funded enterprises, severely crack down on infringement of intellectual property rights of foreign-invested enterprises, and expedite the handling of infringement cases with clear facts and conclusive evidence in accordance with the law. Since the beginning of this year, we have properly handled a number of intellectual property disputes involving relevant companies in the United States, Germany, France, Italy, Thailand, Denmark and other countries, settled a number of major administrative adjudication cases on patent infringement disputes, and obtained the support of foreign investors such as Boehringer Ingelheim Pharmaceuticals. High praise from the company. At the same time, there are more than 4,600 foreign-invested and joint ventures registered in the national intellectual property protection center and rapid rights protection center. Surveys show that foreign-invested enterprises' satisfaction with China's intellectual property protection has steadily increased over the years, reaching 79.11 points last year.
In the next step, the State Intellectual Property Office will further increase international cooperation in intellectual property protection, improve the normal communication and exchange mechanism with foreign-funded enterprises, continue to provide better intellectual property protection and services to foreign-funded enterprises, and attract more foreign-funded enterprises to invest in China. Xingye, sharing China’s development dividends and ultra-large-scale market. Thanks.
