State Intellectual Property Office: In-depth implementation of the 114-item promotion plan of the "Opinions on Strengthening Intellectual Property Protection"


Release Time:

2022-10-28

Among them, 1. Improve the level of legalization of intellectual property protection work. Article 26 Promote the reform of the utility model system and introduce obvious lack of inventiveness review. (To be completed before the end of December 2025) 2. Strengthen the protection of the entire chain of intellectual property rights 3. Deepen the reform of intellectual property protection work systems and mechanisms 4. Coordinate and promote international cooperation and competition in the field of intellectual property rights 5. Maintain national security in the field of intellectual property rights 6. Strengthen intellectual property rights Protect resource supply and organizational security

In order to thoroughly 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, fully implement the decisions and arrangements of the Party Central Committee and the State Council on strengthening intellectual property protection, and implement the "On Strengthening Intellectual Property Protection" with high standards "Opinions", adhere to strict protection, overall coordination, key breakthroughs, and equal protection, promote the overall improvement of protection capabilities and levels, and strongly support the construction of an intellectual property power, and formulate this plan.

 

1. Research and demonstrate key issues on basic intellectual property laws, and formulate recommended drafts of basic laws on intellectual property. (Completed before the end of December 2025)

2. Promote the revision of the "Implementing Rules of the Patent Law of the People's Republic of China" and the "Patent Examination Guidelines". (Complete before the end of December 2022 and continue to advance)

3. Further revise and improve the Trademark Law of the People's Republic of China, the Implementation Regulations of the Trademark Law of the People's Republic of China and related legal norms. (Continue to advance)

4. Promote the revision of the "Regulations on the Implementation of the Copyright Law of the People's Republic of China", "Regulations on the Collective Management of Copyrights", "Regulations on the Protection of Computer Software" and "Regulations on the Protection of Information Network Communication Rights". (Continue to advance)

5. Revise the "Measures for the Implementation of Copyright Administrative Punishments", "Trial Measures for Voluntary Registration of Works", "Measures for Registration of Computer Software Copyright" and "Measures for the Administrative Protection of Internet Copyright", formulate the "Interim Provisions for Copyright Registration of Military Computer Software", provide barrier-free services to people with reading disabilities The author provides relevant regulations for the work. (Completed before the end of December 2025)

6. Formulate and promote the promulgation of the "Regulations on the Protection of Copyright of Folk Literature and Artistic Works". (To be completed before the end of December 2025 and continued to be promoted)

7. Promote the revision of the Anti-Unfair Competition Law of the People's Republic of China. (Continue to advance)

8. Study and promote the revision of intellectual property provisions of the e-commerce law. (Continue to advance)

9. Formulate a revised draft of the "Regulations of the People's Republic of China on the Protection of New Plant Varieties". (Completed before the end of December 2022)

10. Promote the promulgation of "Regulations on the Protection of Trade Secrets". (Continue to advance)

11. Formulate and promote the promulgation of the Regulations on the Protection of Traditional Knowledge of Traditional Chinese Medicine. (Complete before the end of December 2022 and continue to advance)

12. Amend the "Several Provisions on Regulating the Behavior of Applying for Patents". (Completed before the end of December 2022)

13. Released the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases of Intellectual Property Infringement" to further clarify the applicable standards of laws for crimes of intellectual property infringement. (Completed before the end of December 2023)

14. Formulate and issue the "Opinions of the Supreme People's Procuratorate on Comprehensively Strengthening Intellectual Property Procuratorial Work in the New Era". (Completed before the end of June 2022)

15. Develop guidelines for the review of evidence in public prosecutions of criminal cases of intellectual property infringement. (Completed before the end of December 2023)

16. Formulate regulations on intellectual property prosecution and case handling, and establish and improve the intellectual property prosecution and case handling system. (Completed before the end of December 2023)

17. Formulate and promulgate the "Service Standards for Electronic Certificate Deposits in the Notary Industry (Trial)". (Completed before the end of December 2023)

18. Research and formulate comprehensive law enforcement and cross-regional law enforcement coordination management measures for the cultural market. (Completed before the end of December 2022)

19. Study and formulate a guidance manual for trademark administrative enforcement. Carry out in-depth research, actively solve difficult problems existing in trademark administrative enforcement, further improve investigation and evidence collection rules, and standardize the calculation of illegal business volume. (Completed before the end of December 2023)

20. Revise and improve the national standards for corporate intellectual property management regulations. (Completed before the end of December 2025)

21. Promote the revision of the "Measures for the Protection of Intellectual Property Rights at Exhibitions". (Completed before the end of December 2023)

22. Formulate and issue the "Guidelines for the Protection of Intellectual Property Rights in Cross-Border E-Commerce". (Completed before the end of December 2022)

23. Formulate and issue the "Guidelines for the Protection of Intellectual Property Rights in Exhibitions". (Completed before the end of December 2022)

24. Carry out research on intellectual property protection related to intangible cultural heritage. (Continue to advance)

25. Carry out research on the reform of the design system. (Completed before the end of December 2025)

26. Promote the reform of the utility model system and introduce examination for obvious lack of inventiveness. (Completed before the end of December 2025)

2. Strengthen the protection of the entire chain of intellectual property rights

27. Continue to improve patent and trademark examination capabilities, reduce the examination period for invention patents to less than 16.5 months, stabilize the examination period for trademark registration at 7 months under normal circumstances, and stabilize the average examination period for substantive examination of Madrid territorial extension applications at 4 months. (Complete before the end of December 2022 and continue to advance)

28. Carry out priority review of patent applications at the request of applicants, shorten the review authorization cycle, and speed up the review process of key applications. Formulate and implement the "Measures for Rapid Review of Trademark Registration Applications (Trial)". (Continue to advance)

29. Prepare review guidelines for the protection of new agricultural plant varieties, complete the acceptance of more than 7,000 new agricultural plant variety rights, and grant more than 3,000 authorizations, shortening the review cycle by 15 days. Establish a protection and management system for new varieties of forest and grass plants, and promote intelligent and convenient reforms in the review and approval of new varieties of forest and grass plants. (Completed before the end of December 2022)

30. Intensify the crackdown on intellectual property infringement in key areas and key links, carry out "Jianwang", "Kunlun", "Longteng", anti-unfair competition law enforcement in key areas, destroy infringing and counterfeit goods, and crack down on infringement of new plant variety rights and other special actions. Carry out special management of "two products and one device" for online sales of drugs, cosmetics, medical equipment, etc. Continue to crack down on illegal activities such as trademark infringement, counterfeit patents, and copyright infringement, and investigate and punish illegal applications for registered trademarks and patent agencies in accordance with the law. Print and distribute the annual activity plan for seed industry supervision and law enforcement. (Continue to advance)

31. Strengthen the regulation of abnormal patent applications and malicious trademark registrations, regularly report abnormal patent applications to local governments, and promptly forward clues to cases of malicious trademark registration and major adverse effects. (Continue to advance)

32. Strengthen the supervision of major copyright law enforcement cases. Conduct annual verification of software usage and publish it to the public. (Continue to advance)

33. Handle a number of typical cases of infringement and counterfeiting involving agriculture, food and medicine, culture and sports, and geographical indications. (Continue to advance)

34. Formulate and issue guidance on combating infringement and counterfeiting in the new era. (Completed before the end of December 2022)

35. Organize and carry out cross-regional law enforcement cooperation to combat infringement and counterfeiting, select typical cases in the field of intellectual property rights, strengthen organizational investigation and overall command, and establish and improve a law enforcement mechanism with up-down linkage and regional coordination. (Continue to advance)

36. Promulgate several regulations on the jurisdiction of first-instance intellectual property civil and administrative cases, optimize the jurisdictional layout of technical cases, and further improve the cross-regional hearing mechanism for intellectual property cases. (Complete before the end of December 2023 and continue to advance)

37. Formulate the "Opinions on Strengthening Judicial Protection of Intellectual Property Rights of Traditional Chinese Medicine" to promote the inheritance, innovation and development of traditional Chinese medicine. (Completed before the end of December 2022)

38. Strictly implement the regulations on the transfer of suspected criminal cases by administrative law enforcement agencies, improve the standards and procedures for case transfer, and handle a number of typical cases connecting administrative law enforcement and criminal justice. (Completed before the end of December 2022)

39. Guide the application of the "Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Cases concerning Patent Rights Disputes Related to Drugs Applications for Registration". (Completed before the end of December 2023)

40. Guide the application of the "Interpretation on the Application of Punitive Damages in the Trial of Civil Cases of Infringement of Intellectual Property Rights" and the "Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Cases of Infringement of Trade Secrets". (Continue to advance)

41. Strict review standards for cases involving bad faith registration of trademarks. (Continue to advance)

42. Strengthen the construction of intellectual property dispute mediation organizations and teams, support arbitration institutions in establishing internal departments such as intellectual property arbitration courts (centers), and continue to expand diversified resolution channels for intellectual property disputes. (Continue to advance)

43. Formulate regulations for intellectual property protection in commodity trading markets, continue to promote the construction of standardized markets for intellectual property protection, and identify a number of new national-level standardized markets for intellectual property protection. Implement the national recommended standards of "E-commerce Intellectual Property Protection and Management". (Continue to advance)

44. Guide industry associations and chambers of commerce to strengthen information sharing and establish a self-regulatory mechanism for intellectual property protection. (Continue to advance)

45. Continue to carry out special actions to supervise the intellectual property agency industry and consolidate the high-pressure trend of cracking down on illegal and illegal agency behavior. Carry out pilot work on intellectual property agency credit evaluation management. (Completed before the end of December 2025)

46. Promote the management of the list of serious violations and dishonest persons in the field of intellectual property rights, and include the parties involved in serious violations and dishonesty in the field of intellectual property rights in accordance with the law, and publish them through the "Credit China" website and the national enterprise credit information publicity system. (Continue to advance)

47. Continue to strengthen the interconnection and sharing of credit information, promote data verification with relevant departments, and complete the patent fee reduction and exemption notification and commitment system and regulatory spot checks. (Continue to advance)

48. Promote the construction of intellectual property protection centers and establish and improve a rapid resolution mechanism for intellectual property disputes. (Completed before the end of December 2025)

49. Establish and improve the list of key markets of concern, and strengthen the protection of intellectual property rights in key markets. (Complete before the end of December 2023 and continue to advance)

50. Improve the complaint system for intellectual property infringement on e-commerce platforms. Establish a rapid and batch processing mechanism for copyright infringement complaints to promote e-commerce platforms to handle copyright complaints in a timely and efficient manner. Expand the scope of sharing of patent evaluation reports and guide e-commerce platforms to effectively use patent evaluation reports to quickly handle patent infringement complaints. (Continue to advance)

51. Further strengthen the management of website platforms, promote the implementation of platform main responsibilities, and deal with information content suspected of infringing intellectual property rights on the Internet in accordance with the law based on the opinions of relevant departments. (Continue to advance)

52. Promote innovation in copyright supervision models in the fields of blockchain, knowledge payment, and audio and video, and establish large-scale rights confirmation, authorization, and rights protection mechanisms in related fields. (Continue to advance)

53. Promulgate working standards for intellectual property rights protection assistance and encourage and support volunteers to participate in intellectual property protection and governance. (Continue to advance)

3. Deepen the reform of intellectual property protection work systems and mechanisms

54. Carry out intellectual property law enforcement inspections as appropriate and strengthen supervision by the National People’s Congress. (Continue to advance)

55. Give full play to the democratic supervision role of the CPPCC, encourage members to conduct independent research on the protection of intellectual property rights, and convene relevant departments to hold discussions with members on intellectual property protection work when appropriate. (Completed before the end of December 2023)

56. Promote the trial of intellectual property criminal cases in intellectual property courts and continue to promote the reform of the “three-in-one” trial mechanism for intellectual property rights. (Complete before the end of December 2023 and continue to advance)

57. Improve the connection between administrative confirmation of intellectual property rights, administrative law enforcement and judicial protection, and promote the organic unification of review authorization standards, administrative law enforcement standards and judicial judgment standards. (Continue to advance)

58. Integrate intellectual property administrative and judicial resources, and deepen cooperation between intellectual property management departments and prosecutorial agencies in intellectual property protection. (Continue to advance)

59. Carry out online litigation and mediation docking of intellectual property disputes to provide one-stop services for parties. (Continue to advance)

60. Explore and promote the construction of an intellectual property prosecution mechanism across administrative divisions. (Completed before the end of December 2023)

61. Comprehensively strengthen the notification system of rights holders’ litigation rights and obligations in criminal cases of intellectual property infringement. (Completed before the end of December 2022)

62. Establish and improve the judicial confirmation system for administrative mediation agreements in intellectual property disputes upon application by the parties. (Complete before the end of December 2023 and continue to advance)

63. Implement the "Implementation Measures for the Early Resolution Mechanism of Drug Patent Disputes (Trial)" and strengthen the construction of the early resolution mechanism for drug patent disputes. (Complete before the end of December 2023 and continue to advance)

64. Guide the application of judicial interpretations of technical investigators. (Completed before the end of December 2023)

65. Improve the directory of technical investigators for national intellectual property administrative protection, and guide and promote the establishment of technical investigator systems in various places. Organize and carry out competency training for technical investigators. (Completed before the end of December 2025)

66. Promote multi-modal trials of patent reexamination invalidation cases. Increase the intensity of circuit trials of trademark review cases. Conduct joint trials of patent administrative rights confirmation and infringement administrative adjudication cases. (Continue to advance)

67. Strict access registration and strengthen supervision and management of intellectual property-related judicial appraisal institutions and appraisers. Explore the establishment of a technical appraisal center for agricultural plant variety disputes. Strengthen the building of intellectual property infringement identification capabilities and organize the recommendation and filing of intellectual property identification institutions. Promote the pilot inspection and appraisal of patent and trademark infringement disputes, formulate a series of national standards for intellectual property appraisal, and optimize the method of infringement damage assessment. (Completed before the end of December 2025)

68. Promote the construction of national intellectual property protection demonstration zones, select and recognize a number of national intellectual property protection demonstration zones, and create a highland for intellectual property protection. (Completed before the end of December 2025)

69. Continue to carry out the work of creating national copyright demonstrations and give full play to the driving and radiating role of copyright demonstration cities, units and parks. (Continue to advance)

70. Promote the establishment of the National Copyright Dispute Mediation Center. (Completed before the end of December 2023)

71. Launch a nationwide pilot program for innovation in the protection of trade secrets. (Completed before the end of December 2024)

72. Promote the establishment of the National Agricultural Plant Variety Testing Center. (Completed before the end of December 2023)

73. Deeply promote the centralized and unified performance of intellectual property procuratorial duties and promote the construction of specialized institutions. (Completed before the end of December 2023)

74 Promote the establishment of the China International Intellectual Property Arbitration Commission. (Completed before the end of December 2025)

4. Coordinate and promote international cooperation and competition in the field of intellectual property rights

75. Convene a high-level meeting on “Belt and Road” intellectual property rights as appropriate. Continue to promote practical cooperation projects along the Belt and Road Initiative. (Continue to advance)

76. Optimize and expand the Patent Prosecution Highway (PPH) cooperation network. (Continue to advance)

77. Strengthen research on seed industry policies in countries along the “Belt and Road”. (Continue to advance)

78. Promote negotiations on the intellectual property chapter of the free trade agreement. Make good use of intellectual property exchange mechanisms such as the Free Trade Agreement Committee, the China-EU Joint Committee on Geographical Indications, and the China-Japan Innovation Cooperation Forum to further strengthen exchanges, cooperation, consultations and negotiations on intellectual property protection. (Continue to advance)

79. Choose international exhibitions or forums with greater influence to promote China’s achievements in intellectual property protection. (Continue to advance)

80. Organize international exchange activities such as the International Industrial and Commercial Intellectual Property Forum, and conduct intellectual property training for developing countries. Actively participate in cooperation mechanisms such as the World Intellectual Property Organization, the World Trade Organization, the G20, APEC, and BRICS, as well as Interpol, the International Union for the Protection of New Varieties of Plants, the East Asia Forum for the Protection of New Varieties of Plants, and the International Asexual Reproduction and Ornamentation Conferences and activities organized by the Plant and Fruit Breeders Association, the International Association for the Protection of Intellectual Property, and the International Trademark Association tell the story of China’s intellectual property. (Continue to advance)

81. Convene information communication meetings and symposiums with embassies and consulates in China, various international organizations in China, industry associations, chambers of commerce, enterprises, social groups, etc. to strengthen information exchange. (Continue to advance)

82. Understand through various channels the demands for intellectual property protection from influential enterprises and social organizations in relevant countries (regions). (Continue to advance)

83. Organize, as appropriate, international exchanges, cooperation and overseas training on combating infringement and counterfeiting. Thematic forums on combating infringement and counterfeiting will be held during events such as the China International Import Expo and the China International Fair for Trade in Services. (Continue to advance)

84. Strengthen the release and promotion of policy information, country (region) guidelines, industry guidelines, risk warnings, etc. related to overseas intellectual property protection for private enterprises. (Continue to advance)

85. Research and release the 2022 Global Intellectual Property Protection Index. (Completed before the end of December 2023)

86. Organize and carry out investigations on the overseas intellectual property layout of central enterprises. (Completed before the end of December 2023)

5. Maintaining national security in the field of intellectual property rights

87. Continue to optimize overseas intellectual property information service platforms and strengthen intellectual property risk early warning and overseas rights protection information services. (Continue to advance)

88. Give full play to the role of the key contact unit of the national overseas intellectual property dispute response guidance center, improve the working mechanism, promptly monitor and report information on major overseas intellectual property disputes and negative information on corporate intellectual property protection, and strengthen emergency response efforts. (Continue to advance)

89. Strengthen the capacity building of the national overseas intellectual property dispute response guidance center and its branch centers, promote the construction of overseas intellectual property dispute response guidance mechanisms in key industries, and guide enterprises to actively respond to overseas intellectual property disputes. (Completed before the end of December 2024)

90. Guide and support relevant industry associations and chambers of commerce in promoting the construction of a foreign-related risk prevention and control system for intellectual property rights. (Continue to advance)

91. Support and guide property and casualty insurance companies to innovate insurance products related to intellectual property protection in international trade based on their own underwriting capabilities, market requirements, etc., and guide enterprises to use overseas intellectual property-related insurance to reduce overseas intellectual property rights protection costs. (Continue to advance)

92. Carry out research on overseas intellectual property risk prevention and dispute resolution of enterprises, regularly understand the status of overseas intellectual property protection and dispute resolution of enterprises, and guide enterprises to increase their awareness of intellectual property protection and increase investment. Continue to promote the establishment of a mutual assistance mechanism for corporate rights protection. (Continue to advance)

6. Strengthen the supply of intellectual property protection resources and organizational guarantees

93. Actively promote the construction of national intellectual property big data center and public service platform. Accelerate the construction of intellectual property protection information platforms. Promote the construction of a comprehensive application platform for public security food and drug investigation. Accelerate the establishment of an administrative law enforcement and criminal judicial information sharing mechanism for infringement and counterfeiting. Improve the review and testing information platform for new agricultural plant varieties and the construction of a database for new forest and grass authorized plant varieties. Give full play to the functions of the rights protection assistance online service platform and provide convenient services to the public. (Continue to advance)

94. Study and formulate the implementation plan for the construction of the intellectual property protection system, and coordinately promote the construction of the intellectual property protection system. (Completed before the end of December 2023)

95. In the assessment of the centrally managed leadership team and leading cadres, pay attention to the effectiveness of intellectual property and other related work. (Continue to advance)

96. Support increasing the training of professional and technical personnel in the field of intellectual property protection. Strengthen law enforcement training and typical case guidance, support the organization of advanced training projects on intellectual property protection, and continue to strengthen the staffing and professionalization of intellectual property administration and criminal protection. (Continue to advance)

97. Establish and improve a professional talent pool for judicial protection of intellectual property rights. Strengthen exchanges and cooperation with scientific research institutes, industry associations, etc., and guide the development of intellectual property theory and teaching course research. (Completed before the end of December 2023)

98. Build a comprehensive law enforcement talent pool and expert database for market supervision, give full play to the consulting and guidance role of law enforcement backbones and legal experts in trademark, patent and other fields, and continuously improve law enforcement efficiency. (Completed before the end of December 2022)

99. Improve the professional lawyer talent evaluation mechanism and carry out the professional title evaluation of intellectual property lawyers. In qualified intellectual property management departments, public lawyers should be fully equipped. (Completed before the end of December 2025)

100. Strengthen the construction of talent teams for intellectual property arbitration, mediation, and notarization. Expand the selection and recruitment channels for intellectual property arbitrators and mediators. Promote the establishment of an intellectual property research and notarization center and an intellectual property notarization talent training base. Deepen the reform of the notary professional title system and continue to attract comprehensive and high-quality talents to join the notary industry. (Continue to advance)

101. Carry out intellectual property training for Chinese intangible cultural inheritors. (Completed before the end of December 2022)

102. Carry out intellectual property protection training for private enterprises to enhance their awareness and ability to prevent intellectual property risks. (Continue to advance)

103. Strengthen exchanges and collaboration between administrative departments and judicial authorities for intellectual property protection. Promote the exchange of case-handling personnel from public prosecutors and judicial organs. Guide local notarization, arbitration, and judicial appraisal institutions to strengthen skills training. (Continue to advance)

104. In accordance with relevant national regulations, continue to promote the recognition of groups and individuals that have made outstanding contributions to intellectual property protection. (Continue to advance)

105. Continue to carry out intellectual property education in primary and secondary schools across the country and improve the level of intellectual property teaching in primary and secondary schools. Continue to launch a nationwide copyright essay collection campaign for college students. Make full use of China's legal popularization "one network, two micro and one terminal" and the national legal popularization new media matrix to carry out legal popularization propaganda. (Continue to advance)

106. Ensure that relevant central and state departments carry out intellectual property protection, patent acceptance and approval, trademark registration review and management, and copyright protection through existing funding channels. (Continue to advance)

107. Continue to strengthen the modernization and intelligentization of equipment in the food and drug investigation departments of public security organs. (Continue to advance)

108. Actively promote innovation in law enforcement and supervision methods, and strengthen the in-depth application of scientific and technological equipment in customs protection of intellectual property rights. (Continue to advance)

109. Register national intellectual property information public service outlets in industry organizations and strengthen exchanges and cooperation among service outlets. (Completed before the end of December 2025)

110. Organize and carry out annual performance appraisals on illegal and criminal activities against infringement of intellectual property rights and the production and sale of counterfeit and shoddy goods. (Continue to advance)

111. Release the annual white paper on the status of intellectual property protection in China, the report on the judicial protection of intellectual property rights in Chinese courts, the new progress report on the status of intellectual property protection in China and the business environment, the social satisfaction survey report on intellectual property protection, and the assessment report on the level of intellectual property protection. (Continue to advance)

112. Publish annual typical cases on administrative and judicial protection of patents, trademarks, copyrights, geographical indications, new agricultural plant varieties, etc., as well as customs, cultural markets and other fields. (Continue to advance)

113. Publish outstanding cases of intellectual property legal services provided by Chinese lawyers and annual reports of Chinese intellectual property lawyers. (Continue to advance)

114. In conjunction with activities such as World Intellectual Property Day, National Intellectual Property Publicity Week, "China Patent Award" and "China Copyright Gold Award" selections, focus on the "Outline for Building a Powerful Intellectual Property Nation (2021-2035)" and "The 14th Five-Year Plan National Knowledge Implementation results of the Plan for the Protection and Utilization of Intellectual Property Rights, through press conferences, themed open days, public hearings and other means, we will do a good job in publicity reports and policy interpretations, and promote the formation of a good policy in the whole society that attaches great importance to intellectual property protection and combats infringement and counterfeiting. atmosphere of public opinion. (Continue to advance)

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