Interpretation of "Guiding Opinions on Strengthening Intellectual Property Appraisal Work"-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Interpretation of "Guiding Opinions on Strengthening Intellectual Property Appraisal Work"

Release Time：

2022-08-04

Recently, the State Intellectual Property Office issued the "Guiding Opinions on Strengthening the Identification Work of Intellectual Property Rights" (hereinafter referred to as the "Guiding Opinions"), making arrangements for promoting the establishment and improvement of the identification work system for intellectual property infringement disputes. The key points of the "Guiding Opinions" are now interpreted as follows.

1. Introduction background

General Secretary Xi Jinping emphasized the need to strengthen the protection of the entire chain of intellectual property rights. It is necessary to comprehensively use legal, administrative, economic, technical, social governance and other means to improve the protection system from review and authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, citizen integrity and other aspects, strengthen coordination and cooperation, and build a comprehensive protection work pattern. Intellectual property appraisal is an important link in strengthening the protection of the entire chain of intellectual property. It can provide scientific basis for intellectual property administrative and judicial authorities to handle cases, and is conducive to further improving the effectiveness of intellectual property protection. In recent years, with the rapid development of cutting-edge and cutting-edge technologies such as artificial intelligence, information communications, and biomedicine, difficult and complex intellectual property cases have continued to increase. Intellectual property appraisal plays an increasingly important role in intellectual property disputes, especially in the identification of professional and technical facts in difficult and complex cases.

The Party Central Committee and the State Council attach great importance to intellectual property appraisal work. The "Outline for Building a Powerful Nation on Intellectual Property (2021-2035)" issued by the Central Committee of the Communist Party of China and the State Council and the "Opinions on Strengthening Intellectual Property Protection" issued by the General Office of the CPC Central Committee and the General Office of the State Council both put forward clear requirements for strengthening intellectual property appraisal work. In order to implement the decisions and arrangements of the Party Central Committee and the State Council, establish and improve the intellectual property infringement dispute identification work system, and promote the professional and standardized development of intellectual property identification institutions, the State Intellectual Property Office carefully summarized the pilot project of the early stage construction of the intellectual property infringement dispute inspection and identification technical support system Based on work experience, we fully solicited and absorbed the opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, the State Administration for Market Regulation and other departments and units, and researched and drafted the "Guiding Opinions".

2. Overall requirements

The "Guiding Opinions" are guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and all 19th Plenary Sessions, thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council on comprehensively strengthening intellectual property protection, and play a vital role in building knowledge Work mechanisms for property rights appraisal, improve the standard system, strengthen supervision and management, promote the professional and standardized development of intellectual property appraisal institutions, and strengthen the professional and technical support of intellectual property appraisal for administrative adjudication, administrative law enforcement, judicial trials, arbitration and mediation, etc.

The "Guiding Opinions" emphasize that to strengthen intellectual property appraisal work, the following principles must be grasped:

First, adhere to the combination of government guidance and industry self-discipline. Strengthen planning guidance, work guidance, and environment creation, give full play to the role of industry self-regulatory organizations as a bridge, strengthen industry management and self-construction, have a deep understanding of industry development, continuously strengthen industry integrity, form synergy for development, and jointly promote and optimize the environment for carrying out intellectual property appraisal work .

The second is to adhere to the combination of high-quality development and standardized management. Follow the spirit of seeking truth from facts, independence and objectivity, openness and impartiality, adhere to legal compliance, be refined and excellent, carry out industry evaluation in a scientific and orderly manner, promote self-discipline and supervision, and promote the high-quality development of intellectual property appraisal work with high-level standardized management.

The third is to adhere to the combination of theoretical research and practical exploration. Oriented by problems and needs, focusing on improving standards, strengthening collaboration, and improving capabilities, we will deeply promote theoretical innovation, management innovation, and technological innovation, and continuously improve the professional level of intellectual property appraisal to better meet development needs.

The "Guiding Opinions" put forward the main development goals for the next three years. By 2025, a relatively complete management mechanism for intellectual property appraisal work will be formed, a multi-level and multi-type intellectual property appraisal standard system will be established, and the scale of intellectual property appraisal institutions will be reasonable and the technical fields will be covered widely. , the level of specialization and standardization has been significantly improved, the application scope of intellectual property appraisal has become wider, and the technical support role in comprehensively strengthening intellectual property protection has become more prominent.

3. Main tasks

The "Guiding Opinions" focus on development goals and deploy key tasks from eight aspects: clarifying work positioning, improving the standard system, strengthening institutional cultivation, improving industry management, conducting industry evaluation, improving coordination mechanisms, strengthening capacity improvement, and promoting self-discipline supervision.

The first is to clarify the work positioning. It mainly puts forward the nature, scope, focus and role of intellectual property appraisal work, emphasizes the evidential nature of intellectual property appraisal opinions, and makes it clear that they must be verified to be true before they can be used as the basis for determining the facts of the case.

The second is to improve the standards system. It mainly proposes to promote the introduction of national standards and group standards related to intellectual property appraisal, support local implementation and implementation of intellectual property appraisal standards, and promote the standardized development of various types of intellectual property appraisal work.

The third is to strengthen institutional cultivation. It mainly emphasizes the important role of local governments in strengthening intellectual property appraisal work, proposes to establish and improve the business guidance working mechanism of intellectual property administrative departments, and cultivate appraisal institutions through the implementation of intellectual property appraisal standards.

The fourth is to improve industry management. It mainly proposes to promote the establishment of national industry self-regulatory organizations. Establish a selection and recommendation mechanism for intellectual property appraisal institutions, establish a national unified directory of intellectual property appraisal institutions, and include appraisal institutions that have passed the standards into the directory for selection and use by relevant administrative agencies, judicial agencies, arbitration and mediation organizations, etc.

The fifth is to carry out industry evaluation. It mainly proposes to support industry self-regulatory organizations in exploring and formulating industry grade evaluation methods for intellectual property appraisal. Encourage industry self-regulatory organizations to strengthen industry integrity construction, and strengthen credit supervision of intellectual property appraisal institutions and appraisers in accordance with laws and regulations.

Sixth, improve the coordination mechanism. It mainly proposes to establish a consultation mechanism between intellectual property administrative departments and law enforcement departments, public security agencies, people's courts, procuratorial organs and related departments, strengthen the mutual recommendation and sharing of the directory of intellectual property appraisal institutions, and promote the establishment of relevant departments to monitor the practice of intellectual property appraisal institutions. feedback mechanism, etc.

Seventh, strengthen capability improvement. It is required to strengthen the ideological and political construction of intellectual property appraisal institutions and appraisers, and effectively improve the ideological and political quality. Guide industry self-regulatory organizations to carry out hierarchical and classified training, strengthen the construction of training teachers and teaching materials, and use information technology such as the Internet to establish a library of intellectual property appraisal application cases.

The eighth is to promote self-regulation. It is proposed to promote industry self-regulatory organizations to establish and improve industry evaluation systems, improve industry incentive and punishment mechanisms, and promote the implementation of full-process traces and full-process supervision. Promote strict standards for intellectual property appraisal. It is clarified that if an intellectual property appraiser or appraisal institution is found to have intentionally made false appraisals and other illegal acts in accordance with the law, it will be removed from the directory of intellectual property appraisal institutions.

4. Safeguard measures

In order to promote the smooth implementation of various goals and key tasks, the "Guiding Opinions" proposes safeguard measures in three aspects: strengthening organizational leadership, work security, and publicity and promotion. Emphasizing the need to fully understand the importance of intellectual property appraisal work in comprehensively strengthening intellectual property protection. All localities should increase policy support, increase the training of local intellectual property appraisal institutions and appraisers, and establish and improve the local intellectual property appraisal work system. Actively publicize and promote the results and experiences in intellectual property appraisal work, and create a good environment for comprehensively strengthening intellectual property protection.

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