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Guozhi Fa Bao Zi [2023] No. 4

Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps:

The "2023 National Intellectual Property Administrative Protection Work Plan" (hereinafter referred to as the "Work Plan") is now issued to you. Please implement it conscientiously based on actual conditions.

The implementation of the "Work Plan" and work results in various localities will be included in the scope of performance assessment of intellectual property administrative protection in 2023. The implementation plans, half-year and full-year work summaries of each provincial intellectual property office should be submitted to the Intellectual Property Protection Department of the State Intellectual Property Office before March 15, July 1 and December 1, 2023 respectively. The electronic copies will be sent at the same time. to contact email.

Notice is hereby given.

State Intellectual Property Office

March 1, 2023

2023 National Intellectual Property Administrative Protection Work Plan

In order to fully implement the spirit of the 20th National Congress of the Communist Party of China, conscientiously implement the decisions and arrangements of the Party Central Committee and the State Council on comprehensively strengthening intellectual property protection, and in accordance with the relevant requirements of the 2023 National Intellectual Property Office Directors Conference and the Intellectual Property Protection Work Conference, effectively strengthen the administrative protection of intellectual property rights work, optimize the innovation environment and business environment, promote high-quality economic development, and formulate this work plan.

Ⅰ. Overall requirements

Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 20th National Congress of the Party and the spirit of the Central Economic Work Conference, and thoroughly implement the recommendations of General Secretary Xi Jinping at the 25th collective study session of the Political Bureau of the 19th CPC Central Committee. The spirit of the important speech, in accordance with the "Outline for Building a Powerful Nation on Intellectual Property (2021-2035)", the "14th Five-Year Plan for the Protection and Application of National Intellectual Property" and the "Opinions on Strengthening Intellectual Property Protection" (hereinafter referred to as the "Opinions") and related work arrangements for its promotion plan, strengthen legal guarantees, strictly protect property rights, adhere to reform-driven and quality-led policies, comprehensively strengthen administrative protection of intellectual property rights, and continue to increase the crackdown and governance of intellectual property infringements in key areas and key links. Promote the administrative protection of intellectual property with high quality, continuously improve the level of protection of the entire chain of intellectual property, continue to build an intellectual property protection system that supports a world-class business environment and innovation environment, and provide information for accelerating the construction of an intellectual property power and comprehensively building a modern and powerful socialist country. Strong support and guarantee.

Ⅱ. Main tasks

(1) Strengthen administrative protection and legal guarantees

1. In-depth implementation of the "Opinions" and its promotion plan. Consolidate territorial and departmental responsibilities, conscientiously perform intellectual property protection responsibilities, and promote the implementation of intellectual property protection policies and tasks with high standards. Make good use of the results of the inspection and assessment of intellectual property protection work in 2022, effectively play the "baton" role of the inspection and assessment, and do a good job in rectifying the shortcomings and weaknesses found in the inspection and assessment. Continue to promote the inclusion of intellectual property protection into the central inspection and examination plan, continue to do a good job in supervision and incentives related to intellectual property protection, carry out inspections and assessments of intellectual property protection, and ensure that all key tasks in intellectual property protection are implemented and effective. Continue to conduct annual surveys on social satisfaction with intellectual property protection, continue to explore the assessment of intellectual property protection levels, and promote the construction of a three-dimensional evaluation system for intellectual property protection.

2. Effectively play the role of law enforcement and protection standard guide. Continue to improve the standards for patent and trademark law enforcement and case handling, thoroughly implement the "Judgment Standards for Trademark Infringement" and "Judgment Standards for General Illegal Trademarks" and their understanding and application, and strictly grasp the "Guidelines for the Administrative Judgment of Patent Infringement Disputes" and other law enforcement in the handling of administrative adjudication cases. Apply rules for normative documents, actively promote the coordination and connection between administrative law enforcement standards and judicial judgment standards, and give full play to the normative and leading role of standards and guidelines. Carry out research on intellectual property appraisal in emerging fields, improve intellectual property appraisal methods and means, and give full play to the positive role of appraisal in intellectual property law enforcement. Strengthen the formulation and implementation of technical standards related to the protection of geographical indications.

3. Promote the improvement and implementation of the intellectual property protection system. Cooperate with the completion of the revision of the "Patent Law Implementing Rules" and promote the revision of the Trademark Law and its implementing regulations. Actively promote special legislation on geographical indications, promote the implementation of a unified recognition system for geographical indications, and ensure the smooth transition of policies related to agricultural products. Promote and improve the legal system for intellectual property protection, formulate and implement local laws and regulations for intellectual property protection, strictly administer according to law, and strictly enforce law and protection. Encourage active exploration of intellectual property protection strategies, paths and methods in new fields and new business formats such as big data, artificial intelligence, and genetic technology. Continuously improve the connection between administrative departments and judicial organs to strengthen the intellectual property protection system. Improve the level of enforcement of administrative rulings on patent infringement and ensure the implementation of administrative penalties, joint punishments, credit supervision and other measures.

4. Strictly crack down on abnormal patent applications and malicious trademark registrations. Continue to standardize patent application behavior, establish a rapid disposal linkage mechanism, improve the precise management list system for patent applications, improve active verification and reporting mechanisms, and strengthen credit supervision and policy constraints on units and individuals that submit abnormal patent applications. Strengthen the management of key violations such as fraudulent use of other people's identity information to apply for patents. If suspected crimes are discovered at work, they will be promptly reported or transferred to judicial authorities. Promptly handle clues to key issues in abnormal patent applications and cases of malicious trademark registration applications assigned by superiors and transferred by departments and regions.

(2) Build a solid foundation for administrative protection work

5. Continue to increase administrative adjudication and handling of patent infringement disputes. Smooth the channels for accepting administrative rulings, simplify the acceptance procedures, and apply simplified procedures to eligible cases. Administrative adjudication of major patent infringement disputes and drug patent dispute early resolution mechanism cases shall be carried out in accordance with laws and regulations. Increase the intensity of handling patent infringement disputes involving private enterprises, foreign-funded enterprises, etc., and do a good job in the prevention and administrative mediation of infringement disputes. Effectively deal with repeated patent infringement, group infringement, malicious infringement and other acts. Further strengthen the standardization of administrative adjudication work, strive to improve the ability and level of law enforcement and case handling, establish and improve the administrative adjudication mechanism for cross-regional patent infringement dispute cases, and increase cross-regional and cross-department case-handling collaboration, standard docking, and business exchanges. Further improve the technical investigator system and the inspection and appraisal work system for intellectual property infringement disputes.

6. Solidly promote case guidance on trademark protection and enforcement. In accordance with the "Working Measures for Requesting and Handling Intellectual Property Administrative Protection Cases", standardize the work of requesting and handling cases and improve the quality of case handling. Strictly manage trademarks and increase regulations on online and offline use of trademarks in violation of prohibited regulations and other violations of trademark management order. Focusing on key links such as trademark printing and production and circulation, we will strengthen business guidance for serious infringement cases involving a wide area, long duration, large amounts of money involved, and high social attention. Seriously urge OEM processing enterprises to strictly fulfill their trademark review obligations and prevent trademark infringement.

7. Carry out in-depth protection and supervision of geographical indications. Implement the "14th Five-Year Plan for the Protection and Utilization of Geographical Indications" and accelerate the implementation of the key tasks of geographical indications during the "14th Five-Year Plan". Organize and implement geographical indication protection projects and strengthen geographical indication protection and supervision. Incorporate the protection and supervision of geographical indication protected products and registered geographical indications as collective trademarks and certification marks into daily supervision, focus on origin control and characteristic quality control, increase the scope, proportion and frequency of spot inspections, and achieve high-level protection and high-standard management of geographical indications , high-quality development. Actively promote the implementation of the China-EU geographical indication protection and cooperation agreement, and continue to strengthen daily monitoring, rapid processing and law enforcement linkage of the first batch of effective lists.

(3) Strengthen administrative protection in key areas and key links

8. Strengthen the protection of foreign-related intellectual property rights. We should do a good job in the implementation of the Regional Comprehensive Economic Partnership Agreement and promote new progress in the mutual recognition and mutual protection of geographical indications between China and Thailand. Improve the review system for external transfers of intellectual property rights, and strictly manage the external transfer of intellectual property rights for technology exports in accordance with the law. Further improve the overseas intellectual property dispute response guidance working mechanism, strengthen the capacity building of the overseas intellectual property dispute response guidance center and sub-centers, timely monitor major overseas intellectual property dispute information, effectively strengthen overseas information sharing and exchanges, improve the level of emergency response work, and adapt to local conditions. We will establish a good overseas risk early warning and prevention and control system.

9. Strengthen support for major events and important nodes. We will do a good job in protecting special signs related to major international events and major projects such as the 19th Asian Games, the 31st Universiade Summer Games, and the China Manned Space Engineering Series missions. Strictly follow the "Guidelines for the Protection of Intellectual Property Rights at Exhibitions" to strengthen pre-exhibition inspections, inspections during the exhibition, and post-exhibition tracing, coordinate the prevention, mediation, and investigation of intellectual property infringements, and effectively safeguard the China International Import Expo and China International Trade in Services Transactions China International Consumer Goods Fair, China Import and Export Fair, China International Consumer Goods Expo and other large-scale exhibitions. Pay close attention to important holidays such as May Day, Mid-Autumn Festival, and National Day, formulate problem-oriented work plans, carry out special actions, and quickly and effectively respond to various emergencies. At the time when seasonal geographical indication products are put on the market, we will increase efforts to investigate potential risks, create a fair and just market atmosphere, and help rural revitalization and farmers' income increase.

10. Highlight the protection of people’s livelihood hot spots and key areas. Continue to strengthen the focus on key areas such as food and drugs, seed industry, cement, public health, and green and low-carbon technologies that are related to public interests and the vital interests of the people, especially on people's livelihood materials, agriculture and rural areas, online markets, food, and those affecting young people and children. Administrative protection of intellectual property rights for vision-related products and other commodities. Cooperate with the relevant rectification work in the market circulation field of "sweeping crime and eradicating evil", and promptly transfer clues about organized crime and industry chaos in intellectual property protection work. Focus on primary agricultural products, processed foods, authentic medicinal materials, handicrafts, etc., and continue to organize and carry out special rectification work on geographical indications.

11. Focus on new markets and key link protection. Continue to promote the cultivation of standardized markets for intellectual property protection, promote the implementation of the national standard "Specifications for Intellectual Property Protection in Commodity Trading Markets", and newly identify a number of national-level standardized markets for intellectual property protection. Smooth complaint and reporting channels, improve dispute handling mechanisms, and efficiently resolve various intellectual property disputes. Continue to promote the implementation of the national standard "Intellectual Property Protection and Management of E-Commerce Platforms" and guide e-commerce platforms to implement full-process management and protection of intellectual property rights. Improve the level of governance of online infringement and counterfeiting, increase the frequency of spot checks on the intellectual property authorization information of operators on the platform, and improve integrated offline and online protection.

(4) Optimizing the administrative protection working mechanism

12. Continue to strengthen the protection of the entire chain of intellectual property rights. Promote the construction, layout and efficient operation of national intellectual property protection centers and rapid rights protection centers with high quality, and carry out in-depth pilot work on rapid settlement of intellectual property disputes. Continue to improve the “one national network” for intellectual property rights protection assistance and improve the level of standardization and standardization of rights protection assistance. Strengthen the building of intellectual property dispute mediation organizations and teams, and continue to promote the online litigation and mediation docking work for intellectual property disputes. Strictly implement intellectual property credit management regulations, and identify and punish untrustworthy behavior in accordance with laws and regulations. Promote credit-based hierarchical and classified supervision in the field of intellectual property, focusing on strengthening credit supervision of abnormal patent applications, trademark squatting and other behaviors.

13. Actively explore new models of digital protection. Actively respond to the new situation of administrative protection of intellectual property rights under new technologies, new industries, new formats, and new models, adhere to the drive of reform and innovation, encourage digital reforms in the field of intellectual property protection, and explore the use of the Internet, big data, cloud computing, artificial intelligence, and blockchain and other new technologies and new applications, and vigorously promote the innovation of digital governance models for intellectual property protection. Improve the level of online case handling for administrative adjudication, promote intellectual property protection from one-way management to two-way interaction, from offline to online and offline integration, and continue to explore and establish a smart, efficient, and collaborative digital intellectual property protection system.

14. Focus on giving full play to the leading role of pilot demonstrations. Carry out the construction of national intellectual property protection demonstration zones and the selection of the second batch of demonstration zones, strengthen policy support, focus on deepening reforms, increase resource investment, summarize and promote the typical experience of a number of demonstration zones, and create a number of intellectual property protection highlands. Deeply promote the construction of geographical indication product protection demonstration zones and the pilot reform of the approval and approval of the use of special signs for geographical indications, establish and improve the working system for the approval, cancellation and supervision of special signs for geographical indications, and enhance the standardization of the use of special signs. Vigorous efforts will be made to promote the pilot work on the standardized construction of administrative adjudication of patent infringement disputes, and encourage outstanding pilot provinces to take the lead in launching a batch of municipal and county-level standardized construction pilot projects for administrative adjudication in areas with mature conditions.

Ⅲ. Work requirements

(1) Strengthen organizational leadership

We should attach great importance to it, carefully organize its implementation, formulate practical implementation plans or work plans based on local realities, refine work measures, establish work ledgers, clarify responsible departments and responsible persons, and ensure that all tasks are implemented in place. Strengthen supervision and inspection to ensure that all tasks are implemented in place. Report important situations to the local party committee and government in a timely manner, and seek instructions in a timely manner on major and difficult issues. Areas with significant work results and personnel with outstanding achievements will be notified and praised. Areas with frequent infringement and counterfeiting problems and weak administrative protection will be notified and criticized, and rectification will be urged through interviews, special supervision, etc.

(2) Strengthen business guidance

Improve the provincial, municipal, and county-level law enforcement guidance work system, comprehensively strengthen the guidance of intellectual property law enforcement and case handling, and thoroughly implement the standards for handling cases related to intellectual property rights. We will continue to carry out annual intellectual property administrative protection case review work in innovative ways. For requests for instructions on difficult cases reported by subordinate units, in accordance with the relevant regulations on the handling of requests for instructions on administrative protection cases, we must carefully study and judge the case, conduct legal analysis, and respond in a timely manner. Actively do a good job in the selection, submission, selection and release of annual typical cases and guidance cases for intellectual property administrative protection, and strengthen positive incentives and guidance.

(3) Pay attention to coordination and linkage

Strengthen the awareness of responsibility, strengthen coordination and linkage with market supervision and other departments, strengthen coordination and cooperation with people's courts, procuratorial organs, and public security organs, establish a long-term liaison mechanism, and form a joint force in work. Actively expand the scope of cross-regional and cross-department administrative protection cooperation, strengthen the coordination between administrative and criminal judicial protection, and promote the implementation of judicial confirmation mechanisms for administrative mediation agreements. Deepen cross-regional intellectual property administrative protection cooperation among 12 provinces and cities, five provinces (autonomous regions and municipalities) in North China, nine provinces and regions in the Yellow River Basin, and 18 cities in Shanxi, Hebei, Shandong and Henan, and strengthen cross-regional and cross-department law enforcement exchanges. Continue to improve the work linkage and information push mechanism with e-commerce platforms to improve the efficiency of protection in the Internet field.

(4) Strengthen publicity and training

Improve the standardized training system for administrative protection, innovate business training, case studies, publicity and exchanges, and other methods to enhance the political quality and professional capabilities of grassroots law enforcement case-handling personnel. Improve public opinion monitoring, public opinion guidance and public opinion response capabilities, and promptly report major public opinions. Increase efforts to publicize and popularize professional knowledge related to the protection of patents, trademarks, and geographical indications, and publish an annual white paper on the status of intellectual property protection in China and influential typical cases. Make full use of important opportunities such as World Intellectual Property Day and National Intellectual Property Publicity Week to vigorously carry out centralized publicity and policy interpretation, build an all-round and multi-level communication matrix, and enhance the whole society's awareness of respecting and protecting intellectual property rights.

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