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State Intellectual Property Office's 2022 report on the construction of a rule-of-law government

In 2022, the Intellectual Property Office will adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement Xi Jinping Thought on the Rule of Law, comprehensively implement the spirit of the 19th National Congress of the Communist Party of China and all previous plenary sessions of the 19th National Congress of the Communist Party of China, and the spirit of the 20th National Congress of the Communist Party of China. Implementing General Secretary Xi Jinping’s important instructions on intellectual property work and the decisions and arrangements of the Party Central Committee and the State Council, focusing on building a strong country with intellectual property rights, we will continue to strengthen the legal protection of intellectual property rights, continuously improve the level of legalization of intellectual property protection work, and build a rule-of-law government that has gained new importance. progress.

1. Adhere to the correct political direction and strengthen the party’s leadership in the construction of the rule of law

(1) Strengthen organizational leadership. The Party Leadership Group of the Bureau attaches great importance to the construction of a rule-of-law government. Comrade Shen Changyu, Secretary of the Party Leadership Group and Director of the Bureau, conscientiously fulfills his duties as the first person responsible for promoting the construction of a rule-of-law government, emphasizing the need to persist in promoting the construction of a rule-of-law government with the people as the center, continuously improve the level of legalization of intellectual property work, and closely Combined with the actual situation of intellectual property work, we will strengthen intellectual property legislation, law enforcement, and legal popularization, continue to promote the profound transformation of government functions, promote the continuous improvement of the legal and regulatory system, and strive to improve the level of administrative law enforcement protection.

(2) Strengthen political leadership. Adhere to the guidance of Xi Jinping Thought on the Rule of Law, adhere to the joint advancement of administration according to law and handling affairs in accordance with the law, deeply understand the decisive significance of the "two establishments", strengthen the "four consciousnesses", strengthen the "four self-confidences", and achieve "two safeguards", Continuously improve political judgment, political understanding, and political execution, steadily and orderly promote the construction of a rule of law government, and conscientiously implement the supervision and evaluation mechanism for rule of law construction.

(3) Strengthen theoretical study. The study, publicity and implementation of the spirit of the 20th National Congress of the Communist Party of China and Xi Jinping’s thoughts on the rule of law will be the key learning contents of the theoretical study center group of the bureau’s party group, and will be incorporated into the key points of party building and party style and clean government construction and ideological work plans for further advancement. Give full play to the role of party members and leading cadres in leading and promoting learning, and promote the organic integration of legal education with history, national conditions and behavior development education. Pay attention to the connection and coordination between the propaganda of intra-party laws and regulations and the propaganda of national laws, continuously enhance the legal concepts and sense of responsibility of leading cadres, and continue to improve the ability and ability to use legal thinking and legal methods to carry out work.

2. Improve the functional system of government agencies and promote better play of the government’s role

(1) Comprehensively coordinate the implementation of the outline and plan for building an intellectual property power. Efforts will be made to promote the implementation of the “Outline for Building a Powerful Nation on Intellectual Property (2021-2035)” (hereinafter referred to as the “Outline”) and the “14th Five-Year Plan for National Intellectual Property Protection and Utilization Plan” (hereinafter referred to as the “Plan”). Print and distribute the task division plan, implement the annual promotion plan, print and distribute local work points and the bureau's annual main work plan to ensure the orderly advancement of task deployment. Guiding local governments to formulate supporting policies and intellectual property plans for the "Outline". 31 provinces (autonomous regions and municipalities) across the country and the Xinjiang Production and Construction Corps have issued supporting policies for the "Outline", and 29 provinces (autonomous regions and municipalities) have issued intellectual property plans. Carry out annual monitoring and evaluation of the implementation of the "Outline" and "Plan", and publish the first batch of typical cases in building an intellectual property powerhouse. Establish an expert advisory committee on building a powerful country with intellectual property rights.

(2) Prepare a high-quality list of rights and responsibilities. Conscientiously implement the decisions and arrangements of the Party Central Committee and the State Council, and carry out the preparation of a list of rights and responsibilities in a solid manner, forming a list of rights and responsibilities of the Intellectual Property Office including 53 items of rights and responsibilities in 8 major business areas, and has completed soliciting opinions from ministries and commissions, joint review by the central editorial office, etc. program. At present, it is officially submitted to the Central Institutional Establishment Committee for approval.

(3) Deeply advance the reform of “decentralization, regulation and service”. Improve the quality and efficiency of patent and trademark examinations, and complete the review cycle reduction target of the State Council’s “decentralization, regulation and service” reform deployment ahead of schedule. Optimizing the level of “one-stop processing”, the electronic patent and trademark application rates reached 99.72% and 99.55%. The "Intelligent Q&A Platform" was launched to provide 24-hour online services. A total of 94,400 valid questions were received throughout the year, with a 100% response rate. Continuously improve the level of intellectual property public services, and basically establish an intellectual property public service system that covers the whole country, is dense, well-organized, and coordinates the development of the east, middle and west, and has served market entities for more than 1.5 million times. Strengthen the inclusive supply of basic intellectual property data. In 2022, 11 new types of basic intellectual property data will be opened, bringing the total number of open types to 55.

(4) Continue to optimize the business environment. Continue to reduce institutional transaction costs in the field of intellectual property, and actively promote the pilot projects of decentralizing the regulatory authority of patent agencies to the municipal (municipalities and districts) level, online registration of patent pledge registration, and open patent licensing pilots. The "Guidelines for Intellectual Property Government Services" were formulated and released, effectively improving the standardization level of government services. We will improve the “good and bad review” system for patents and trademarks and further smooth communication channels between government and enterprises. Continue to deepen the reform of notification and commitment, establish a tax information verification mechanism for patent fee reduction applicants with the State Administration of Taxation, revise the trademark registration application form, and improve the credit commitment mechanism.

(5) Strengthen intellectual property supervision. Cooperate with relevant departments to continue to promote data sharing and data disclosure, strengthen supervision in the field of intellectual property rights, and promote "Internet + supervision" work. Continue to strengthen the management of Internet group information dissemination, standardize group network behavior and information release, and gain leadership in intellectual property ideological work. Promote local governments to carry out in-depth supervision of patent and trademark agencies in 2022 with "double randomization and one disclosure". The "Intellectual Property Credit Management Regulations" were issued, an information exchange mechanism was established with the State Administration for Market Regulation, and two batches of information on a total of 51 illegal and untrustworthy entities were notified and publicized. Summarize and accept the first batch of credit-based hierarchical and classified supervision pilots in the field of intellectual property, select 18 pilot experiences and practices for promotion across the country, and guide the local advancement of the second batch of hierarchical and classified supervision pilots.

3. Improve the legal administrative system and accelerate the standardization, procedure and legalization of government governance

(1) Promote the formulation and revision of key laws and regulations. Actively promote the revision of the Implementing Rules of the Patent Law. Accelerate a new round of revisions to the Trademark Law and its implementing regulations, formulate a revised draft for comments, and formally submit it to the 2023 legislative plan. Vigorously promote the legislative work on geographical indications, formulate a draft of geographical indication regulations and formulation instructions, and formally submit the 2023 legislative plan. Actively promote the improvement and demonstration of integrated circuit layout design regulations and systems. Steadily advance research on the basic legal system of intellectual property rights.

(2) Steadily advance the revision of regulations. Promote the promulgation of the "Regulations on the Supervision and Administration of Trademark Agency" to further standardize trademark agency behavior, improve the quality of trademark agency services, maintain the order of trademark agency, and promote the healthy development of the industry. Actively promote the accelerated revision of the "Several Provisions on Regulating Patent Application Behavior" and the "Registration and Management Measures for Collective Trademarks and Certification Marks", and complete the public solicitation of opinions and targeted solicitation of opinions.

(3) Improve patent and trademark examination standard policies. Combined with the progress of the revision of the "Patent Law Implementing Rules", the "Patent Examination Guidelines" will be revised accordingly, and the "Patent Examination Guidelines Revision Draft (Draft for Comments Again)" will be publicly solicited for opinions. Released the "Guidelines for the Application and Use of Trademark Registration in the Catering Industry (Trial)", "Guidelines on How to Avoid Conflicts with Prior Rights in the Application for Registration and Use of Trademarks" and "Guidelines on the Application, Registration and Use of Class 35 Service Marks" to guide relevant Market entities should submit trademark registration applications in a standardized manner and exercise their exclusive rights to trademarks in a reasonable manner to promote the formation of a good situation of "ethical registration and bounded enforcement of rights."

(4) Strengthen normative document management. Formulated and issued four administrative normative documents including the "Intellectual Property Credit Management Regulations". Comprehensively implement the legality review and fair competition review mechanism, and conduct legality review and fair competition review on 8 administrative normative documents and policy documents. Strictly implement the administrative normative document filing system.

(5) Earnestly implement the public lawyer system. Strengthen the management of public lawyers globally and organize the completion of the 2020-2021 annual assessment of 180 public lawyers globally. Organize public lawyers to actively participate in legal practice tasks, and fully listen to the opinions and suggestions of public lawyers in the drafting of laws, regulations, and normative documents such as the revision of the Trademark Law and its Implementing Regulations, and the legislation of geographical indications.

(6) Strengthen local legislative guidance. We improved the information liaison mechanism for intellectual property legislation, conducted written surveys on 46 local intellectual property legal affairs across the country, and successively went to Zhejiang, Shanghai, Chongqing and other places to conduct research on local intellectual property legislation. By the end of 2022, a total of 16 localities across the country have completed comprehensive intellectual property legislation. Organize and convene the first national intellectual property legal exchange seminar to exchange and discuss intellectual property legal work experience with local intellectual property offices and promote the systematic construction of intellectual property legal work.

4. Improve the administrative law enforcement work system and comprehensively promote strict standards, fair and civilized law enforcement

(1) Promote the standardization of administrative law enforcement. Strictly implement administrative law enforcement announcements, records of the entire law enforcement process, and legal review systems for major law enforcement decisions. In 2022, a total of 16 cases of seriously illegal patent and trademark agency behaviors were investigated and dealt with. The law enforcement process was fully recorded, and administrative penalty decisions were proactively disclosed to the government. Nine of the major administrative law enforcement decisions were subject to legal review.

(2) Strengthen administrative law enforcement case guidance. Release typical cases of intellectual property administrative protection in 2021. "Understanding and Application of the Standards for Judgment of Trademark Infringement", "Understanding and Application of the Standards for Judgment of General Violation of Trademarks", and "Understanding and Application of the Second Batch of Intellectual Property Administrative Enforcement Guidance Cases" were released in batches, reflecting the strict orientation of intellectual property protection. , and effectively play the positive role of cases in guiding local law enforcement and protection.

5. Improve the administrative prevention, mediation and resolution system, and strive to build a service-oriented rule of law government

(1) Actively play the role of administrative mediation. Continue to guide local governments to strictly follow the "Guidelines for Administrative Mediation and Handling of Patent Disputes" to carry out administrative mediation for patent dispute cases such as patent application right ownership disputes, patent right ownership disputes, inventor and designer qualification disputes, reward disputes, etc.

(2) Strengthen administrative adjudication work. Implement administrative adjudication mechanisms for major patent infringement disputes and early settlement of drug patent disputes, and concluded the first batch of 2 administrative adjudication cases for major patent infringement disputes and 70 administrative adjudication cases for early settlement of drug patent infringement. Develop online hearing procedures for administrative adjudication cases and publicly solicit opinions. Promote the pilot work of standardizing administrative adjudication. Cooperate with the Ministry of Justice to carry out the acceptance inspection of the first batch of standardized construction pilots for administrative adjudication of patent infringement disputes and the mid-term evaluation of the second batch of pilot administrative adjudication of patent infringement disputes. Strengthen the exchange of experience in administrative adjudication pilot projects.

（(3) Earnestly carry out administrative review, invalidation review of patents and trademark review. Giving full play to the important role of administrative review, patent review invalidation and trademark review as the main channels for resolving administrative disputes, a total of 2,582 administrative review cases were handled throughout the year, and a total of more than 459,000 patent review invalidation cases and trademark review cases were concluded. Among them, 32% of the cases where the review applicants voluntarily withdraw their applications because they are satisfied with the mediation results, and the prosecution rate after administrative review is only 4%; the proportion of cases entering the first-instance litigation process in the total caseload is still at a low level, and patent review The invalidity cases were 2.3%, and the trademark review cases were 5.7%.

6. Improve the administrative power restriction and supervision system and promote the standardized and transparent operation of administrative power.

(1) Highlight the dominant position of intra-party supervision. We must thoroughly study and implement intra-party laws and regulations, strengthen the restriction and supervision of the exercise of power, especially the "top leaders" and leadership teams, educate and guide party members and cadres to enhance their awareness of integrity and self-discipline, and strictly abide by the bottom line of the law. We will continue to carry out comprehensive and strict party governance main body responsibility assessment and evaluation, as well as grassroots party organization secretaries' performance review and evaluation on party building work. Formulate and implement specific measures to implement the "Opinions on Strengthening the Construction of Discipline Inspection Commissions of Central and State Agencies and Departments" and "Several Measures on Strengthening the Construction of a Culture of Integrity in the New Era", and continue to implement the requirements of the "Learning, Grasping, Reforming and Strengthening" activities. We will continue to focus on the special rectification of the problem of "using trial for personal gain and trial for collusion" in the field of intellectual property rights and education and management actions in the trademark field, and strengthen comprehensive supervision of administrative power.

(2) Attach great importance to the handling of recommendations and proposals from the National Two Sessions. A total of 218 suggestions and proposals were handled throughout the year, of which 72 were handled in the lead, achieving 100% on-time completion rate, communication rate with committee members, and response satisfaction rate. Actively study and adopt the opinions and suggestions of representative committee members. Among the issues or opinions raised by leading the handling of suggestions and proposals, 59 have been resolved or adopted, accounting for 81.9%. It took the lead in handling the selection of a topic recommended by the National People's Congress for key supervision and one key proposal determined by the National Committee of the Chinese People's Political Consultative Conference. It has been rated as an advanced organizer of proposals by the National Committee of the Chinese People's Political Consultative Conference for three consecutive terms.

(3) Supervise and supervise key tasks. Formulate 131 measures to implement the spirit of General Secretary Xi Jinping’s important speech at the 25th collective study session of the Political Bureau of the 19th CPC Central Committee in 2022, establish a work ledger one by one, and implement the work one by one. Complete the central inspection and assessment of intellectual property protection work in 2022, promote the inclusion of intellectual property protection into the central supervision inspection and assessment plan for the third time, and complete the State Council’s first inspection and incentive selection of intellectual property work. Determine the main points and key tasks of 2022, form 289 phased goals around 41 specific tasks in 11 aspects, promote the implementation of work in a rhythmic and step-by-step manner, achieve key breakthroughs, and drive overall improvement.

(4) Comprehensively and proactively implement government affairs disclosure. Focusing on the implementation of the spirit of General Secretary Xi Jinping's important speech at the 25th collective study session of the Political Bureau of the 19th CPC Central Committee and important documents such as the "Outline" and "Plan", 12 press conferences were held and 32 policy interpretations were released. Comprehensive display of intellectual property development achievements. 890 pieces of government information were proactively disclosed through government portals, gazettes, government WeChat, government Weibo and other platforms, and 603 government information disclosure applications were completed.

7. Carry out in-depth publicity and education on the rule of law and create a good atmosphere for the rule of law

(1) Actively carry out legal popularization work. In accordance with the "Eighth Five-Year Implementation Plan for Legal Publicity and Education in the National Intellectual Property System (2021-2025)", we will carry out legal publicity and education closely around the work of the Intellectual Property Center, making full use of National Intellectual Property Publicity Week, Civil Code Publicity Month, National Organize and carry out legal popularization activities at important time points such as "Constitution Publicity Week".

(2) Innovate the form of legal popularization work. Hold a special press conference on "Intellectual Property Rights in These Ten Years" and open a special column on "Extraordinary Ten Years" in China Intellectual Property News to comprehensively introduce the strong leadership of the Party Central Committee with Comrade Xi Jinping at the core since the 18th National Congress of the Communist Party of China. The intellectual property cause has achieved extraordinary achievements and valuable experience under the leadership of the Party. A total of 20 departments, including the State Administration for Market Regulation and the Central Propaganda Department, successfully held the National Intellectual Property Publicity Week event, produced a promotional video on "Comprehensively Starting a New Journey to Building a Strong Country on Intellectual Property", and issued digital intellectual property collections to achieve legal popularization and cutting-edge technological innovation. Integrated interaction. Several topics such as "Patent Law Questions and Answers", "Trademark Infringement Judgment Standards", "Geographical Indications" and other topics have been opened on the bureau's government portal, government WeChat and other platforms to answer reporters' questions, expert comments, short videos and other forms Promote intellectual property-related content in the Civil Code. Cooperate with science network and other media to build an intellectual property channel, and set up special columns such as "case-based explanation" and "case focus" to strengthen the popularization of intellectual property laws. Focusing on studying, publicizing and implementing the spirit of the 20th National Congress of the Communist Party of China, relying on the "Legal Pioneer", "Youth Forum" and other platforms, we propose innovative measures and carry out a series of exchange and seminar activities on "Strengthening the Legal Protection of Intellectual Property Rights". Public welfare lectures will be held focusing on the latest developments in intellectual property legal systems such as patent open licensing and trademark agency supervision.

(3) Strengthen legal education for agency staff. A capacity-building training class for department-level leading cadres will be held in 2022, with rule of law education as an important theme of the training class. Strengthen the construction of legal talents and public lawyer teams, organize global public lawyers to participate in cloud classroom training, and improve the legal quality and ability of public lawyers. Carry out legal ability training for new entrants, providing a total of 40 hours of legal training throughout the year and training 65 people. Strengthen the cultivation of legal thinking of new examiners, providing a total of 16 hours of legal training throughout the year and training more than 240 people. Carry out legal application ability improvement training for global examiners, and carry out two phases of 7 training sessions with a total of 19 topics focusing on hot topics such as reexamination of litigation cases, with a total number of training participants exceeding 10,000. We held national intellectual property administrative protection training courses, guided local governments to carry out 20 intellectual property administrative protection trainings, sent 36 teachers to teach, and trained nearly 2,000 people.

8. Existing problems and next work considerations

In 2022, the Intellectual Property Office has achieved certain results in promoting the construction of a rule of law government, but there are still some shortcomings, mainly including: First, the support for legal protection of intellectual property rights needs to be strengthened. The intellectual property legal system needs to be further improved, the timeliness and adaptability of legislation in key areas of intellectual property need to be strengthened, forward-looking research on the intellectual property protection system for new fields and new business formats needs to be in-depth, and the correlation between the formulation and revision of intellectual property laws and economic development needs to be further strengthened. Second, the legal administrative capabilities of intellectual property rights need to be improved. Some party members and cadres do not have strong awareness of administration according to law, and their ability to use legal thinking and methods to advance work and solve problems needs to be strengthened. Third, the publicity of the rule of law in intellectual property rights needs to be deepened. Legal popularization work is a long-term and systematic project. At present, the form of legal publicity and training is relatively simple, and the vitality of legal popularization is not strong. The content and form of legal publicity and education need to be further enriched.

In the next step, the Intellectual Property Office will adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement Xi Jinping Thought on the Rule of Law, conscientiously implement the spirit of the 20th National Congress of the Party and the decisions and arrangements of the Party Central Committee and the State Council on the construction of a rule of law government, and strengthen organization Lead, summarize experience in the rule of law, study rule of law measures, provide stronger legal guarantee for the construction of a strong country with intellectual property rights, and strongly support comprehensive innovation.

The first is to speed up the improvement of key legal systems for intellectual property rights.Continue to fully cooperate and actively promote the revision of the "Patent Law Implementing Rules" and make preparations for subsequent publicity and interpretation, and strive to promote the revision of the Trademark Law and its Implementing Regulations, Accelerate the legislative work on geographical indications, actively carry out research and demonstration on key issues related to the protection of exclusive rights in integrated circuit layout design, and conduct research and demonstration on key issues in the basic legal system of intellectual property rights in an orderly manner. Accelerate the research and demonstration of the protection system of genetic resources and traditional knowledge and the protection system of data intellectual property to better adapt to the development needs of new fields and new business formats.

The second is to strengthen the construction of cadres and talent teams. Actively carry out various types of legal training for talents, broaden the legal horizons of cadres and talents, and improve the level of talents in learning and using laws. Explore a variety of legal knowledge training methods to enhance the systematicness and pertinence of rule of law education and training. Increase education and training efforts, improve the examination and evaluation system, and continuously improve the level of administrative law enforcement capabilities throughout the system.

The third is to intensify publicity and publicity work on the law. Enrich legal popularization methods and forms, give full play to the role of various publicity platforms, and continuously improve the pertinence and effectiveness of rule of law publicity through publicity lectures, legal knowledge competitions, production of hot legal case videos and rule of law courses, etc. Use new media technology to enrich legal popularization forms, increase the participation of cadres and workers, and effectively improve the level of legal popularization.