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Deepening the construction of vertical and horizontal mechanisms to comprehensively facilitate information sharing (Intellectual Property Report)

Release Time：

2021-10-20

Recently, the Central Committee of the Communist Party of China and the State Council issued the "Outline for Building a Strong Intellectual Property Country (2021-2035)", proposing to "improve the intellectual property credit supervision system, strengthen the mechanism and platform construction of intellectual property credit supervision, and punish serious dishonesty in the field of intellectual property in accordance with laws and regulations." This provides a basic idea and fundamental guidance for the construction of credit systems in the field of intellectual property.

The pilot work of graded and classified supervision in the field of intellectual property has been carried out for over a year——

The construction of credit system in the field of intellectual property is an important part of social credit system construction and an important component of building a "big protection" pattern for intellectual property. In order to promote the construction of the credit system in the field of intellectual property rights to the local level, in August 2020, the China National Intellectual Property Administration issued the Notice on Determining the Pilot Units for Credit based Classified Supervision, which identified 12 local intellectual property management departments in Beijing, Shanghai, Jiangsu, Zhejiang and other provinces to carry out the pilot work of credit based classified supervision.

Over the past year, the pilot work has been carried out in pilot areas, with scientific planning, courage to practice, solid work foundation, sound work mechanisms, and strengthened work support. The construction of the intellectual property credit system has achieved initial results.

Develop work documents to solidify the foundation of work

Over the past year since the pilot work was launched, various regions have actively promoted basic research and formulated basic documents for graded and classified supervision pilot projects. In Shanghai, the draft of the "Shanghai Intellectual Property Credit Information Management Measures" and the draft of the "General Principles for Classification and Grading Evaluation of Intellectual Property Rights" that have been applied for local standard approval have laid the foundation for carrying out graded and classified supervision in the field of intellectual property rights; The Fujian Provincial Intellectual Property Bureau has studied and formed the Implementation Opinions on the Construction of the Provincial Intellectual Property Credit System and the relevant documents on joint punishment for serious dishonesty in the field of intellectual property in the province; Hubei Province has established a three-level indicator system for the classification and supervision of enterprises in the field of intellectual property, and has completed the formulation of classification standards. Nanshan District of Shenzhen takes the application of special funds as the starting point, prepares a credit commitment letter for intellectual property application, implements a credit commitment system, and guides various credit entities such as enterprises, universities, and individuals in Nanshan District to exercise self-discipline and integrity.

The reporter also learned that the three provinces and cities of Jiangsu, Zhejiang, Anhui, and Shanghai have jointly signed the "Framework Agreement for Promoting the Integration of Credit in the Field of Intellectual Property Rights", promoting the sharing of credit information and pilot results, and jointly promoting credit based hierarchical classification supervision in the field of intellectual property rights.

Establishing a sound work mechanism and identifying key breakthroughs

Over the past year since the pilot work was carried out, various regions have actively promoted the improvement of work mechanisms, coordinated the promotion of credit supervision, and accumulated certain experience in credit supervision in key areas.

Beijing leverages its role as an industry organization to promote the signing of cooperation agreements between the Capital Intellectual Property Service Industry Association and the Beijing Intellectual Property Protection Center. It aims to collect, classify, publicly share, and reasonably utilize intellectual property credit information in areas such as patent pre-approval and rapid rights protection. Beijing is also exploring the adoption of hierarchical and classified supervision in the supervision of patent agencies, combined with "double random and one public" spot checks. Double random checks will be conducted on patent agencies in 12 batches throughout the year, with a plan to inspect 180 patent agencies annually; Conduct a special inspection on the agency agencies listed in the list of abnormal business operations or the list of serious violations and dishonesty, with a inspection rate of 100%; At the same time, we will strengthen collaborative governance for the above-mentioned agencies with poor credit records, restrict their policy support, industry evaluation, and brand cultivation, and enhance regulatory effectiveness.

The Zhejiang Provincial Intellectual Property Administration has deepened the "Framework Agreement for Promoting the Integration of Credit in the Field of Intellectual Property", focusing on the fields of e-commerce, commodity markets, intellectual property intensive industries, and overseas rights protection to research and develop a credit supervision evaluation index system. It has also implemented a graded and classified evaluation report and explored the implementation of enterprise credit risk monitoring and early warning. Anhui Province implements restrictive measures against dishonest entities in accordance with the law and regulations. In the process of recommending and recognizing intellectual property demonstration (advantage) enterprises, approving the use of geographical indication special signs, implementing intellectual property incentive policies, and providing rapid patent pre examination services, strict examination of enterprise credit information is carried out, and restrictive measures are implemented against dishonest enterprises in accordance with regulations.

Strengthen work support, information sharing and interoperability

Over the past year, the pilot work has been carried out, relying on the construction of information platforms. Various regions have gradually formed credit information collection catalogs and management standards in the field of intellectual property, continuously improved credit information records, and achieved information sharing and interoperability.

To accelerate the construction of a credit management platform, the Patent Information Service Center under the Jiangsu Provincial Intellectual Property Office is building a Jiangsu Provincial Intellectual Property Big Data Platform to support the collection, sharing, and use of intellectual property credit information. We expect to collect, integrate, and store intellectual property credit information generated or obtained by intellectual property administrative departments, public institutions, and social organizations at all levels during the performance of their duties through channels such as data exchange, independent data reporting, and third-party system integration, providing intellectual property credit information services to the public, and connecting this platform with the Jiangsu Provincial Public Credit Information Service Platform to achieve intellectual property credit information Exchange and share. " Introduction by the relevant person in charge of Jiangsu Provincial Intellectual Property Office.

The Zhejiang Provincial Intellectual Property Administration officially launched "Zhejiang Intellectual Property Online" in April this year. The system architecture includes a digital application scenario for the entire intellectual property chain, including the supervision of intellectual property credit information. Nearly 27800 pieces of information on various intellectual property cases have been publicly displayed online; Set up two major sections, "Overseas Warning" and "I Want to Defend Rights", strengthen services such as overseas intellectual property risk warning, warning analysis, and rights protection assistance. A total of 5 warning reports and 7 case related reminders have been released online, and overseas rights protection assistance has been provided 11 times.

Jiangxi Province strengthened information sharing and intercommunication, listed intellectual property information in the credit Jiangxi supervision system, and imported the market supervision system's double random data, administrative penalty data, credit supervision data, law enforcement personnel data and other information into the "Internet plus supervision" system of Jiangxi Province from June 2020. As of early June 2021, the Jiangxi Provincial Administration for Market Regulation has connected and shared more than 1.126 million pieces of spot check information.

In promoting the application of credit information inquiry, Beijing conducted credit information verification on the first batch of 1448 applicants for intellectual property subsidies in 2021, and rejected the applications of 15 units punished for dishonesty in accordance with the law and regulations. Jiangsu entrusts the Provincial Public Credit Information Center to conduct credit information queries on candidate units or candidates for project initiation, government procurement, bidding, as well as various types of evaluation and rating, talent selection, etc. For applicants with serious dishonesty behavior, one vote veto will be adopted.

The relevant person in charge of the Intellectual Property Protection Department of the China National Intellectual Property Administration said that in the next step, we will continue to strengthen the guidance to the pilot areas, promote the pilot work to form more constructive results, and expand the influence of the credit system construction in the field of intellectual property.

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