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Notice of the State Intellectual Property Office on Issuing the "Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2023)"
Release Time:
2023-03-29
The report of the 20th National Congress of the Communist Party of China pointed out that high-quality development is the primary task of comprehensively building a modern socialist country. It is necessary to accelerate the construction of a new development pattern and strive to promote high-quality development. In order to conscientiously implement the decisions and arrangements of the Party Central Committee and the State Council on intellectual property work, in accordance with the requirements of the National Intellectual Property Office Directors' Meeting, further improve the intellectual property work in 2023, and promote the high-quality development of the intellectual property cause, these work guidelines are specially formulated. 1. General requirements 2. Adhere to quality orientation and strengthen the guidance of high-quality development indicators of intellectual property rights 3. Focus on key tasks and improve the policy system for high-quality development of intellectual property rights 4. Strengthen monitoring and analysis to consolidate the statistical basis for high-quality development of intellectual property rights 5. Work requirements
Attachment: Task list for promoting high-quality development of intellectual property in 2023
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:
The "Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2023)" are now issued to you. Please organize and implement them carefully based on actual conditions.
State Intellectual Property Office
March 23, 2023
Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2023)
The report of the 20th National Congress of the Communist Party of China pointed out that high-quality development is the primary task of comprehensively building a modern socialist country. It is necessary to accelerate the construction of a new development pattern and strive to promote high-quality development. In order to conscientiously implement the decisions and arrangements of the Party Central Committee and the State Council on intellectual property work, in accordance with the requirements of the National Intellectual Property Office Directors' Meeting, further improve the intellectual property work in 2023, and promote the high-quality development of the intellectual property cause, these work guidelines are specially formulated.
1. Overall requirements
(1) Guiding ideology. Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement the spirit of the 20th National Congress of the Party and the spirit of the Central Economic Work Conference, fully implement the decisions and arrangements of the Party Central Committee and the State Council, adhere to the theme of promoting high-quality development, and implement the "Knowledge The Outline for Building a Powerful Country with Intellectual Property Rights (2021-2035)” (hereinafter referred to as the “Outline”) and the “14th Five-Year Plan” National Intellectual Property Protection and Utilization Plan (hereinafter referred to as the “Plan”) are the overall starting points to comprehensively enhance the creation of intellectual property rights. , application, protection, management and service levels, solidly promote the steady progress and high-quality development of the intellectual property industry, accelerate the construction of an intellectual property power, and play a key foundation in optimizing the innovation environment and business environment and accelerating the construction of a new development pattern. role, better adapt to the inherent needs of advancing the construction of an innovative country, promoting high-quality development, expanding high-level opening up to the outside world, and providing strong support for the comprehensive construction of a modern socialist country.
(2) Main objectives. By the end of 2023, the goal and task of building an intellectual property power will be solidly advanced, the legal protection of intellectual property rights will be significantly enhanced, the intellectual property management system will be further improved, the quality of intellectual property creation, application efficiency, protection effects, management capabilities and service levels will be comprehensively improved, and international cooperation and competition will be coordinated Advance the high-quality development of intellectual property rights to a new level and provide a solid guarantee for the comprehensive construction of a modern socialist country.
——Intellectual property creation.The intellectual property review quality assurance and business guidance mechanisms have become more complete and efficient, the review work has been intelligently upgraded, the quality and efficiency of intellectual property review authorization have continued to improve, and the review mechanism that supports the creation of high-value invention patents and the research of key core technologies has become more complete and effective. The invention patent review cycle has been reduced to 16 months, and the accuracy rate of case closure has reached over 93%. Generally, the trademark registration cycle is stable at 7 months, and the passing rate of trademark substantive examination and random inspection is above 97%.
——Use of intellectual property rights. The intellectual property and innovation chain, industrial chain, capital chain and talent chain are more deeply integrated, the intellectual property market-oriented operation mechanism is more perfect, and the comprehensive utilization ability of innovative entities' intellectual property rights continues to improve. The inclusive scope of patent and trademark pledges has been further expanded, with the amount of pledge financing and the number of small and medium-sized enterprises benefiting both increasing by more than 10%. The added value of national patent-intensive industries has steadily increased as a proportion of gross domestic product (GDP), the value of trademarks, brands and geographical indication products has continued to increase, and the role of intellectual property in promoting high-quality economic development has become more prominent.
——Intellectual Property Protection. The intellectual property protection work system has become more complete, and the construction layout of the intellectual property protection center and rapid rights protection center has been further optimized. The protection of the entire chain of intellectual property rights continues to deepen, and the governance mechanism of administrative and judicial coordination, and the joint efforts of the government and society continues to improve. The standardization of administrative adjudication continues to advance, and guidance on patent and trademark law enforcement continues to be strengthened. The guidance mechanism for dealing with overseas intellectual property disputes has been improved. Satisfaction with intellectual property protection remains at a high level and continues to stimulate the vitality of market entities.
——Intellectual property management. The intellectual property management system has been further improved, the demonstration work of building a strong intellectual property country has been further advanced, and the collaborative work mechanism of bureaus, provinces and cities has been further consolidated, and the "one province, one policy" to jointly build a strong intellectual property province and "one city, one case" to build a strong city have been solidly promoted. , "One county, one product" to build a strong county and create a number of demonstration models for building a strong country with intellectual property rights. Guide enterprises to strengthen intellectual property compliance management and standardization construction, and accelerate the cultivation of a number of strong intellectual property enterprises.
——Intellectual property services. The reform of "delegating power, delegating power, delegating power, delegating power, delegating power, delegating power, delegating power, regulating services, and improving services" in the field of intellectual property has been further deepened, the public service system for intellectual property has been continuously improved, and the supply of inclusive, multi-level, diversified, and professional public services has become more abundant. The construction of the national intellectual property protection information platform is progressing in an orderly manner, the intellectual property data resource management mechanism continues to be improved, and the digital support role of public services has been significantly improved. The development environment for the standardized and orderly intellectual property service industry is becoming increasingly perfect, the supply of high-quality, diversified, and international services continues to expand, and new business formats and new models continue to emerge.
2. Adhere to quality orientation and strengthen the guidance of high-quality intellectual property development indicators
(1) Give full play to the guiding role of high-quality intellectual property development indicators.Give full play to the guiding and motivating role of high-value invention patent index evaluation, Regularly carry out the work of deducting abnormal patent applications from the statistics of application volume, Guide all localities to firmly establish the performance concept of quality first, pursue rational prosperity, and cultivate more high-value core patents. Cooperate with the national high-quality development comprehensive performance evaluation patent quality statistics work. (The Strategic Planning Department, Protection Department, Application Promotion Department, Patent Office Examination Department, etc. are responsible according to the division of responsibilities) Highlight quality orientation, strictly control the review and authorization of intellectual property rights, grasp quality control from the source to ensure the bottom line of high-quality development. (The Patent Office Examination Department, Trademark Office, etc. are responsible according to the division of responsibilities) Conscientiously implement the State Council’s business environment innovation pilot tasks and actively do a good job in intellectual property related work in the World Bank’s global business environment assessment. (Responsible for the Department of Public Services)
(2) Implement the requirements for high-quality intellectual property development indicators. Continue to severely crack down on irregular patent applications. (Responsible for the Protection Department and the Examination Department of the Patent Office) Deepen the crackdown on malicious registration of trademarks in all areas, focusing on combating trademark hoarding.(Responsible for the Trademark Office) All localities must firmly establish the concept of high-quality development, regard quality as the lifeline of the development of intellectual property undertakings, and in accordance with the requirements of the high-quality development indicator system, further improve policy design, optimize working mechanisms, refine work indicators, and solidly promote intellectual property rights. Various policies and measures have been implemented. Actively cooperate with data collection, statistical summary, analysis and forecasting related to the high-quality development of intellectual property rights. (Responsible for each local intellectual property office)
3. Focus on key tasks and improve the policy system for high-quality development of intellectual property rights
(3) Strengthen legal protection and macro policy reserves.Cooperate with the Ministry of Justice to promote the completion of the revision of the "Patent Law Implementing Rules" and complete the adaptive revision of the "Patent Examination Guidelines". Promote a new round of revisions to the Trademark Law and its implementing regulations. Promote the revision of the "Registration and Management Measures for Collective Trademarks and Certification Trademarks". We will do a good job in special legislative work on geographical indications and formulate a draft regulation on geographical indications. Conduct research and demonstration on the revision of the integrated circuit layout design system. Develop a series of guidelines for trademark registration applications and use in specific fields. (The Department of Articles and Laws is responsible for) formulating an implementation plan for the unified recognition system for geographical indications. (The Protection Department is responsible for) exploring the establishment of a data intellectual property protection system and registration system. (The Department of Treaty and Law, the Department of Strategic Planning, etc. are responsible according to the division of responsibilities) Strengthen the macro management of intellectual property, closely track the macroeconomic situation, strengthen investigation and research and think tank construction, focus on common issues and common demands in the field of intellectual property, and study and propose ideas that are conducive to stabilizing expectations and improving efficiency. Recommendations for confident intellectual property policy measures. (The office, personnel department, etc. are responsible according to the division of responsibilities)
(4) Improve intellectual property protection policies. Deeply implement the "Opinions on Strengthening the Protection of Intellectual Property Rights" promotion plan, strengthen departmental coordination and linkage, and promote the connection of administrative, judicial, arbitration, and mediation work. Continue to strengthen law enforcement guidance, issue relevant standards, norms and work guidelines, and strengthen professional and technical support for the administrative protection of intellectual property rights. Formulate and implement an implementation plan for the construction of the intellectual property protection system, build the first batch of national intellectual property protection demonstration zones with high standards, and complete the selection of the second batch of national intellectual property protection demonstration zones. Optimize the administrative adjudication work process for major patent infringement disputes, deepen the pilot projects for standardization of patent infringement disputes, and strengthen the construction of the intellectual property credit system. Build a high-level rapid collaborative protection system for intellectual property rights. Strengthen the protection of geographical indications, official signs, special signs, and Olympic signs, and organize and implement geographical indication protection projects. Continue to carry out the construction of national geographical indication product protection demonstration zones, and further promote the pilot reform of the approval of the use of special signs for geographical indications. Strengthen the construction of guidance mechanisms for overseas intellectual property disputes. (Responsible for the Department of Conservation)
(5) Improve policies for promoting the use of intellectual property rights. Implement special policies on intellectual property rights to support the development of "specialized, specialized and innovative" small and medium-sized enterprises. Deeply promote the cultivation of demonstration enterprises with intellectual property advantages and the construction of pilot demonstration universities. Carry out pilot implementation of the international standard "Intellectual Property Management Guidelines for Innovation Management" and publish and implement the national standard "Requirements for Enterprise Intellectual Property Compliance Management System". Research and formulate policies related to intellectual property insurance, and develop a good combination of financial services such as intellectual property pledge financing. Promote the full implementation of the patent open licensing system, promote the national standard "Patent Assessment Guidelines", and publish statistics on patent licensing rates. Deeply implement the special transformation plan and launch a pilot patent declaration system for financially funded scientific research projects. Vigorously cultivate and develop patent-intensive industries and promote the registration and identification of patent-intensive products. Launched the "Thousands of Enterprises and Hundreds of Cities" trademark and brand value enhancement action. We will carry out in-depth geographical indications to help rural revitalization, promote the implementation of the "Geographical Indication Brand+" special plan, and promote the development of brand economy and characteristic economy. We will do a good job in the selection of China Patent Awards with a efficiency-oriented approach. (The Application Promotion Department is responsible)
(6) Strengthen the construction of the intellectual property public service system. Comprehensively implement the guidelines for handling intellectual property government services, and promote the "online processing" and "handheld inquiry" of more government services. We will carry out in-depth "certificate reduction and convenience" services, compile a list of intellectual property certification matters, and expand the scope of sharing and application of electronic licenses and notification commitments. Deeply implement the inclusive intellectual property public service project, continue to improve the public service system, and improve the hierarchical and classified management mechanism. Build a number of special intellectual property databases. Establish a public service assistance mechanism in the central and western regions. Promote the construction of a standardized city for intellectual property public services and give full play to the public service functions of the patent and trademark review collaboration center. Improve the intellectual property data resource management mechanism and improve the resource directory. Expand the scope of pilot projects for sharing patent evaluation reports on e-commerce platforms. Accelerate the construction of a national intellectual property protection information platform and promote the establishment of a national intellectual property big data center and public service platform. Optimize the public service system for intellectual property data resources and the public service system for design patent retrieval, and upgrade the public service network. Continue to hold patent search and analysis competitions to build a brand for improving public service capabilities. (Responsible for the Department of Public Services)
(7) Promote the high-quality development of the intellectual property service industry. Coordinate the implementation of the "Opinions on Accelerating the High-Quality Development of the Intellectual Property Service Industry". Focus on key areas, provide professional intellectual property services to promote the deep integration of the "four chains" of the innovation chain, industrial chain, capital chain, and talent chain, and encourage the convergence of intellectual property service resources into advanced manufacturing clusters. Promote the optimization and upgrading of intellectual property service industry clusters and accelerate the construction of intellectual property service export bases. Implement intellectual property service subject cultivation actions. We will do a good job in the re-registration of trademark agencies and practitioners, and optimize and improve the professional conditions for patent agents. Carry out in-depth special rectification of the intellectual property agency industry and implement credit evaluation of intellectual property services. Give full play to the role of the industry's high-quality development data base platform, and improve the level of digital services for patent navigation and standard promotion. Promote the establishment of a talent training system for the intellectual property service industry and strengthen the capacity building of agency practitioners. Promote the establishment of intellectual property service industry research bases. (The Application Promotion Department is responsible)
(8) Coordinate and promote international cooperation and competition in intellectual property rights. We will successfully organize a series of events celebrating the 50th anniversary of cooperation with the World Intellectual Property Organization, deepen international cooperation and exchanges, and further enhance our influence on multilateral platforms. Actively promote the formulation and improvement of multilateral rules, and actively participate in cooperation consultations on design law treaties, intellectual property rights and genetic resources protection. Continue to promote China-Europe and China-Switzerland geographical indication exchanges. Deeply involved in the cooperation between the five bureaus of China, the United States, Europe, Japan and South Korea. Strengthen multilateral cooperation and exchanges with ASEAN, Central Asia and other neighboring regions. Improve the review system for external transfers of intellectual property rights. Strengthen the consolidation and expansion of the Patent Prosecution Highway (PPH) cooperation network. (Responsible for the International Cooperation Department)
4. Strengthen monitoring and analysis to consolidate the statistical foundation for high-quality development of intellectual property rights
(9) Strengthen the monitoring and release of intellectual property statistics. Continue to promote the inclusion of intellectual property statistics into the main data of the national economy for publication, carry out statistical monitoring of core industries of the digital economy and green and low-carbon technology patents around major national development strategies, and promote the inclusion of relevant indicators into the national statistical monitoring system. Strengthen the dynamic monitoring and evaluation of indicators in the "Outline" and "Plan", solidly promote statistical monitoring of key links such as high-value intellectual property patents, overseas invention patent authorization, added value of patent-intensive industries, pledge financing, and import and export trade of intellectual property royalties, and do Good situation analysis and release interpretation of statistical data can correctly guide social expectations and boost development confidence. (The Strategic Planning Department, Utilization Promotion Department, etc. are responsible according to the division of responsibilities) All localities should combine actual development, continuously optimize and improve the high-quality development index system of intellectual property rights in their region, and organize and implement the statistical monitoring and evaluation of the indicators of the "Outline" and "Plan" in the region. Work. (Responsible for each local intellectual property office)
(10) Improve statistical monitoring and feedback on intellectual property quality. Strengthen statistical monitoring and feedback on the quality of intellectual property applications, strengthen analysis of the operation situation of intellectual property applications, increase the provision of statistical data on intellectual property, provide timely feedback on statistical monitoring data, guide local governments to pay attention to emerging and tendentious problems reflected in statistical data, and improve local statistics work ability, and promote the quality statistical monitoring to move to the local level. (The Strategic Planning Department is in charge) All localities must make full use of various intellectual property statistical data, conduct cause analysis on the relevant data reported by the State Intellectual Property Office, and report relevant work status in a timely manner. (Responsible for each local intellectual property office)
5. Work requirements
The intellectual property management departments of all provinces, autonomous regions, municipalities directly under the Central Government, Xinjiang Production and Construction Corps and the relevant departments of the State Intellectual Property Office must attach great importance to it, strengthen organizational leadership, issue relevant supporting details and policy measures, and do a good job in implementation. Before December 15, 2023 The results of promoting high-quality development of intellectual property will be submitted to the Intellectual Property Utilization Promotion Department of the State Intellectual Property Office in paper and electronic forms.
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