NEWS

The "Beijing Intellectual Property Protection Regulations" were adopted by the 38th meeting of the Standing Committee of the 15th Beijing Municipal People's Congress on March 31, 2022, and are hereby announced and will come into effect on July 1, 2022.

Standing Committee of the 15th Beijing Municipal People’s Congress

March 31, 2022

Beijing Intellectual Property Protection Regulations

(Adopted at the 38th meeting of the Standing Committee of the 15th Beijing Municipal People’s Congress on March 31, 2022)

Table of contents

Chapter 1 General Provisions

Chapter 2 Administrative Protection and Judicial Protection

Chapter 3 Social Co-governance

Chapter 4 Promotion and Services

Chapter 5 Diversified Mediation of Disputes

Chapter 6 Legal Liability

Chapter 7 Supplementary Provisions

Chapter 1 General Provisions

Article 1 In order to strengthen the protection of intellectual property rights, stimulate the vitality of innovation and creativity, build a district with the best intellectual property rights, support and promote the construction of an international scientific and technological innovation center and a national cultural center, serve and promote the high-quality economic and social development of the capital, in accordance with relevant laws and administrative regulations, combined with This regulation is formulated based on the actual conditions of this city.

Article 2 These regulations shall apply to the protection of intellectual property rights and related activities within the administrative region of this city.

Article 3 This city shall protect the intellectual property rights enjoyed by right holders in accordance with the law with respect to the following objects:

(1) Works;

(2) Inventions, utility models, and designs;

(3) Trademark;

(4) Geographical indications;

(5) Trade secrets;

(6) Integrated circuit layout design;

(7) New plant varieties;

(8) Other objects stipulated by law.

Article 4 This city advocates the intellectual property cultural concepts of respecting knowledge, advocating innovation, integrity and law-abiding, and fair competition, strengthens the popularization of knowledge and cultural publicity, enhances the awareness of intellectual property protection in the whole society, and creates a humanistic society that is conducive to promoting the high-quality development of intellectual property. environment.

This city publishes a white paper on the status of intellectual property protection every year to inform the public about the status of intellectual property protection in this city.

Article 5 This city’s intellectual property protection work adheres to the principles of comprehensiveness, strictness, speed and equality, builds an intellectual property protection pattern that includes administrative supervision, judicial protection, industry self-discipline, social supervision, public services, and multiple dispute resolution, and improves the system and operation An intellectual property protection system with high efficiency, scientific management and optimized services.

Article 6 The municipal and district people's governments shall strengthen the leadership of intellectual property protection work, incorporate intellectual property protection work into national economic and social development plans and plans, formulate intellectual property development strategies, plans and plans, and ensure the investment of intellectual property development funds. , incorporating intellectual property protection into the business environment and high-quality development evaluation system.

The municipal and district people's governments shall establish and improve the intellectual property office meeting system to coordinate and promote major matters in intellectual property work, coordinate and resolve key and difficult issues, and supervise the implementation of relevant intellectual property policies and measures.

Article 7 The intellectual property department is responsible for the overall planning and coordination of intellectual property work and promotes the construction of the intellectual property protection work system.

The intellectual property department and the market supervision and management department are responsible for the management of the protection of patents, trademarks, geographical indications, trade secrets, etc. according to the division of responsibilities; the copyright, culture and tourism departments are responsible for the management of copyright protection according to the division of responsibilities; agriculture, rural areas, landscaping The department is responsible for the management of new plant varieties protection in accordance with the division of responsibilities.

The development and reform, science and technology, economy and information technology, finance, radio and television, commerce, education, human resources and social security, financial supervision and management, public security, judicial administration and other departments shall do a good job in intellectual property protection in accordance with their respective responsibilities.

Article 8 Support enterprises, universities, scientific research institutions, etc. to explore intellectual property management measures and protection models for new technologies, new industries, new business formats, and new models such as mobile Internet, big data, artificial intelligence, quantum technology, and cutting-edge biotechnology.

Support the exploration and innovation of intellectual property protection systems, mechanisms, policies and measures in accordance with national authorization in the construction of the National Service Industry Expansion and Opening-up Comprehensive Demonstration Zone, China (Beijing) Free Trade Pilot Zone, Zhongguancun National Independent Innovation Demonstration Zone, etc.

Article 9 This city strengthens regional cooperation in intellectual property protection in the Beijing-Tianjin-Hebei region, carries out case clue transfer, investigation and evidence collection, assistance in execution, joint law enforcement, etc., shares resources such as expert think tanks and service agencies, and promotes information exchange, law enforcement mutual assistance, supervision interaction, Learn from each other’s experiences; strengthen cooperation in intellectual property protection with other provinces and cities.

Article 10 This city expands open cooperation in the field of intellectual property, supports overseas intellectual property service institutions, arbitration institutions, etc. to establish institutions and conduct business in this city in accordance with the law, and promotes the establishment of international intellectual property transaction and operation platforms.

Article 11 Individuals and units that have made outstanding contributions to intellectual property protection and related activities shall be commended and rewarded in accordance with relevant national and municipal regulations.

Chapter 2 Administrative Protection and Judicial Protection

Article 12 Departments responsible for intellectual property protection and management, such as intellectual property, market supervision and management, copyright, culture and tourism, agriculture and rural areas, and landscaping (hereinafter collectively referred to as the intellectual property protection and management departments) shall improve the law enforcement cooperation working platform and establish knowledge Establish a rapid online and offline investigation mechanism for property rights infringement and illegal activities, and carry out remote and mobile real-time monitoring and control; implement key supervision and inspections on online platforms, exhibitions, large markets, large-scale cultural and sports activities, etc., and promptly discover and investigate repeated infringements, malicious infringements, and group infringements and other illegal acts of intellectual property infringement.

Article 13 When investigating and handling suspected infringement and illegal activities, the intellectual property protection management department has the right to take the following measures:

(1) Question relevant parties and investigate relevant situations;

(2) Access and copy relevant information;

(3) Conduct on-site inspections of relevant places and items;

(4) Seal or detain relevant places and items in accordance with the law.

When the intellectual property protection management department exercises its powers specified in the preceding paragraph in accordance with the law, the parties concerned shall provide assistance and cooperation and shall not refuse or obstruct it.

Article 14 The intellectual property protection agency established by the municipal intellectual property department or the relevant district people's government shall provide intellectual property protection services through patent pre-examination, rights protection guidance, protection cooperation, etc., and serve the national key development industries and the city's strategic emerging industries. Provide support for patent applications in other fields to obtain rapid review.

Article 15 Intellectual property departments and market supervision and management departments should strengthen trademark management, standardize the use of registered trademarks, and investigate and punish in accordance with the law any behavior that infringes the exclusive rights of registered trademarks, applies for trademark registration in bad faith, and illegally engages in trademark agency business.

Article 16 Copyright, culture and tourism departments should strengthen the supervision of copyright infringement and illegal activities, and formulate copyright protection measures that adapt to the network environment and digital economic form.

The municipal copyright department should establish an early warning system for copyright protection of key works, strengthen supervision of key regulatory websites determined by the state and the municipal copyright department; improve the voluntary registration system for works, and support natural persons, legal entities and unincorporated organizations in voluntary registration of works.

Article 17 Market supervision and management and other departments should guide market entities to establish and improve commercial secret protection mechanisms, and protect commercial secrets by clarifying management rules, adopting technical measures, signing confidentiality agreements, carrying out risk investigation and education and training, etc.

Administrative agencies, judicial agencies, arbitration, mediation and other service institutions and their staff have the obligation to keep confidential the commercial secrets they learn during the performance of their duties and provision of services, and shall not disclose or illegally provide them to others.

Article 18 The intellectual property protection management department shall work with relevant departments to strengthen the protection of intellectual property rights in the field of traditional culture and Olympic symbols, and provide consultation and guidance for relevant patent applications, trademark registrations, work registrations, and trade secret protection.

Article 19 The intellectual property protection management department and other relevant departments shall protect the intellectual property rights formed in data collection, storage, use, processing, transmission, provision, disclosure and other activities in accordance with the law, and guide data processors to establish and improve a full-process intellectual property management system , Strengthen awareness of intellectual property protection.

Article 20 The Municipal Intellectual Property Department formulates guidelines for the protection of intellectual property rights in digital trade, guides market entities to understand the industrial policies, trade measures, technical standards, etc. of the target market, benchmarks against internationally accepted intellectual property protection rules, and ensures the manufacturing and sales of digital products. Identification and response to intellectual property infringement risks in the industrial chain.

Article 21 If an unit or individual transfers state-restricted export technology overseas involving the external transfer of intellectual property rights, the municipal commerce, intellectual property, science and technology, agriculture and rural areas, landscaping and other departments shall conduct an examination in accordance with regulations.

If foreign investors' mergers and acquisitions of enterprises in Beijing involve the external transfer of intellectual property rights, and the merger and acquisition falls within the scope of security review prescribed by the state, the municipal intellectual property, copyright, agriculture and rural areas, landscaping and other departments should cooperate with the relevant departments of the State Council to carry out the review work.

Article 22 Any unit or individual has the right to complain or report intellectual property infringement and illegal acts to the intellectual property protection management department.

Intellectual property protection and management departments should improve the mechanism for handling complaints and reports on intellectual property infringement and illegal acts, connect with the 12345 citizen service hotline and its online platform, handle complaints and reporting clues in a timely manner, and feed the results back to complainants and reporters in accordance with regulations.

Article 23 People's courts should improve the intellectual property trial mechanism, implement systems such as punitive damages for intellectual property infringement and preservation of intellectual property behavior in accordance with the law, optimize the allocation of judicial resources, and improve the quality and efficiency of intellectual property case trials.

Support the Beijing Intellectual Property Court, Beijing Internet Court and other judicial organs to strengthen the construction of intellectual property trial functions and play a professional trial role.

People's courts and people's procuratorates should improve systems and strengthen management for government departments, market entities, etc. by publishing typical cases, judicial protection status, and proposing judicial suggestions and procuratorial suggestions on common and regular issues reflected in intellectual property cases. , Provide guidance to eliminate hidden dangers.

Article 24 People's courts, people's procuratorates, and public security organs should punish intellectual property crimes in accordance with the law, and increase the intensity of punishment for chain-type and industrialized intellectual property crimes.

Article 25 This city shall improve the technical investigator system. When the People's Courts, People's Procuratorates, and Intellectual Property Protection Management Departments handle highly technical intellectual property cases involving patents, computer software, integrated circuit layout designs, technical secrets, new plant varieties, etc., they may invite and select relevant professional and technical personnel to serve as The technical investigator provides technical investigation opinions and provides reference for determining technical facts.

Article 26 People's courts, people's procuratorates, and intellectual property protection management departments should improve relevant evidence rules based on the characteristics of new technologies.

Encourage parties to use electronic evidence storage technologies such as time stamps and blockchain to obtain and fix evidence related to intellectual property protection.

Article 27 This city establishes and improves the connection mechanism between administrative protection and judicial protection of intellectual property rights, and promotes the transfer of intellectual property cases, notification of clues, and information sharing between the intellectual property protection management department and the people's courts, people's procuratorates, and public security organs.

Chapter 3 Social Co-governance

Article 28 Network service providers shall perform their intellectual property protection obligations in accordance with the law and abide by the following provisions:

(1) Establish rules for intellectual property protection and clarify Internet users’ intellectual property protection obligations, intellectual property governance measures, dispute resolution methods, etc.;

(2) Take infringement prevention measures commensurate with its technical capabilities, business scale and service type;

(3) Publicize the main channels through which rights holders submit infringement notices in a prominent position, and shall not use limited channels, limited times, or other means to restrict or disguised restrictions on rights holders' submission of notices;

(4) Promptly publicize infringement notices, statements that there is no infringement, and processing results.

Article 29 When organizing exhibitions, exhibitions, expositions, trade fairs (hereinafter collectively referred to as exhibitions) and other activities in this city, the exhibition organizer and organizer shall perform their intellectual property protection obligations in accordance with the law and abide by the following regulations:

(1) Conduct a pre-exhibition review of the intellectual property status of exhibiting projects, and urge exhibitors to conduct a search for the intellectual property status of exhibiting projects;

(2) Require exhibitors to make a commitment that their projects will not infringe other people’s intellectual property rights, and agree with the exhibitors on the procedures and methods for handling intellectual property complaints;

(3) Establish an exhibition intellectual property complaint agency or designate a dedicated person to be responsible for accepting complaints, investigating and handling them, and submitting the relevant materials of complaints and investigation and handling to the municipal intellectual property department after the exhibition.

If the intellectual property rights owner or interested party believes that the exhibited project infringes upon his or her intellectual property rights, he or she may complain to the exhibition organizer or organizer and provide proof of intellectual property rights; after investigation, the exhibition organizer or organizer preliminarily determines that the exhibited project is suspected of infringement. , relevant exhibitors should be required to take measures such as covering up and dismantling the exhibition as agreed.

Article 30 Sponsors and undertakers of large-scale cultural and sports activities shall strengthen the protection of intellectual property rights in accordance with the law, improve the intellectual property authorization cooperation mechanism and risk management and control mechanism, and standardize the use of intellectual property rights.

Article 31 This city establishes an intellectual property compliance commitment system. Units or individuals participating in government procurement, applying for government funds, participating in government awards and other activities must make a written commitment that relevant products, services or projects will not infringe the intellectual property rights of others.

Encourage market entities to make commitments not to infringe the intellectual property rights of others in market activities such as transactions, investments, and cooperation, and agree on responsibilities for violating corresponding commitments.

Article 32 Industry associations, chambers of commerce, industrial intellectual property alliances and other organizations should formulate intellectual property self-regulatory conventions, strengthen self-regulatory management, and provide intellectual property policy research, publicity and training, talent training, international exchanges, collaborative creation operations, monitoring and early warning, and disputes Mediation and other services, and internal punishment of members who commit intellectual property infringement.

Support copyright industry associations to use new technologies to provide copyright digital certification, electronic certificate storage, maintenance management, transaction transfer and other services to provide support for market entities to clarify the source of rights, reduce rights protection costs, and improve application efficiency.

Article 33 This city shall establish and improve intellectual property credit evaluation and breach of trust punishment mechanisms, and implement corresponding management and punishment measures for serious illegal and dishonest behavior in the field of intellectual property rights in accordance with the law. The intellectual property protection and management department shall share relevant administrative penalties and other information to the city's public credit information service platform in accordance with the law and announce it to the public.

Article 34 If enterprises, institutions, or social organizations fail to perform their intellectual property protection obligations in accordance with the law, causing adverse effects, the intellectual property protection management department may interview their legal representative or principal person in charge to urge rectification.

Chapter 4 Promotion and Services

Article 35 This city has established a patent navigation system to analyze patent information in key industries and fields to provide guidance for macro decision-making, industrial planning, business operations and innovation activities.

　　The departments of development and reform, science and technology, economy and information technology should work with the intellectual property department to improve the patent navigation mechanism, carry out patent navigation, regularly publish patent navigation results, and establish a patent navigation project results database; encourage enterprises, universities, scientific research institutions, etc. to voluntarily or Entrust professional service agencies to carry out patent navigation to provide basis and support for research and development, production and operation, talent management, etc.

The municipal intellectual property department should guide and support the development of public welfare patent navigation tool products and organize patent navigation training.

Article 36 Support enterprises, universities, scientific research institutions, etc. to establish industrial intellectual property alliances, build patent pools, and improve the ability to create, use, protect and manage patents.

Article 37 Support the development of the copyright industry and establish a high-quality digital publishing library. Encourage enterprises in the press, publication, radio, film and television to carry out copyright asset management and operations, form a development and operation model for the entire industry chain, and enhance the original vitality and transformation quality of content production.

Article 38 The intellectual property department, together with the commerce and other departments, shall organize the implementation of trademark and brand strategy projects, evaluate the development status of trademarks, and guide market entities to cultivate trademarks and brands.

The intellectual property department, together with relevant authorities, guides relevant organizations and enterprises to improve technical standards, inspection and quality systems, support their applications for geographical indication product protection, and protect geographical indications through registration of certification trademarks, collective trademarks, etc.

Article 39 This city shall establish an intellectual property analysis and evaluation system for major economic and scientific and technological activities. Departments such as development and reform, economy and information technology, science and technology, and commerce should work with the intellectual property department to organize comprehensive analysis and evaluation of intellectual property rights for major government-invested economic and technological projects to prevent and resolve intellectual property risks.

Article 40 Support enterprises, universities, and scientific research institutions to strengthen the construction of intellectual property management institutions, establish and improve intellectual property management systems covering all types and processes, and promote the integration of intellectual property with scientific and technological innovation, achievement transformation, and industrial development.

Article 41 Financial supervision and management, intellectual property and other departments promote the establishment and improvement of intellectual property pledge financing risk sharing, loss compensation and pledge disposal mechanisms; support commercial banks, guarantees, insurance and other financial institutions in providing financial services consistent with the characteristics of intellectual property , on the premise of controllable risks, expand the scale of intellectual property pledge loans, innovate financial products such as intellectual property insurance and credit guarantees, and provide financial support for the transformation and application of intellectual property rights and transaction operations.

Support evaluation agencies, intellectual property service agencies, etc. to explore evaluation methods that are consistent with the characteristics of intellectual property, carry out intellectual property value assessment services, and provide reference for financial activities such as intellectual property pledge financing.

Article 42 The municipal and district people's governments promote the construction of platforms for intellectual property transactions, digital copyright transactions, and international film, television, and animation copyright trade, and provide integrated services such as intellectual property rights registration, pricing transactions, evaluation and evaluation, operation transformation, and financial services.

Article 43 Market entities are encouraged to set up equity investment funds to invest in existing core intellectual property rights in strategic emerging industries and cutting-edge technologies with industry prospects and technological trends.

Article 44 Municipal and district intellectual property protection and management departments shall establish and improve intellectual property public service systems, rely on intellectual property public service centers, workstations, etc., strengthen publicity and training, and provide free legal consultation, rights protection assistance, dispute mediation and other services.

The municipal intellectual property department organizes the formulation of public service lists, standards and procedures and publishes them to the public; regularly organizes third-party institutions to evaluate the situation of intellectual property public services to improve the quality of public services.

The Municipal Intellectual Property Public Service Center organizes industry, legal, technical and other experts to establish a volunteer service team for intellectual property protection to provide professional intellectual property volunteer services to small and medium-sized enterprises, innovative and entrepreneurial organizations and teams.

Article 45 This city builds an intellectual property public information service platform, promotes information sharing among intellectual property protection and management departments, people's courts, people's procuratorates, industry associations, and intellectual property service agencies, and provides free intellectual property public information inquiry, Search, consultation and other services.

Encourage qualified colleges and universities and scientific research institutions to open intellectual property information service resources to the society.

Article 46 The municipal intellectual property department shall provide guidance on national intellectual property systems, promptly publish risk warning information, establish guidance and assistance mechanisms for overseas intellectual property disputes, and provide experts, information, laws, etc. for handling overseas intellectual property disputes. support.

Encourage enterprises, industry associations, chambers of commerce, etc. to establish overseas intellectual property rights protection alliances and establish overseas rights protection mutual aid funds to improve overseas intellectual property risk prevention and dispute response capabilities.

Article 47 This city promotes and regulates the development of the intellectual property service industry, guides relevant industry associations to carry out hierarchical and classified evaluations; cultivates international, market-oriented and professional intellectual property service institutions, and supports them to carry out intellectual property agency, consultation and investment in accordance with the law. Financing and other activities; encourage the development of high value-added intellectual property services.

Article 48 Encourage colleges and universities to strengthen the cultivation of intellectual property talents, open intellectual property-related majors and courses, carry out intellectual property academic education, and cultivate compound, applied, and international intellectual property talents.

This city incorporates intellectual property training into the vocational skills improvement plan, expands the scale of intellectual property vocational training, and organizes business training for relevant personnel engaged in intellectual property administration, justice, public services, scientific and technological innovation, etc. Encourage and guide industry associations, chambers of commerce, etc. to conduct evaluations of the professional skills of intellectual property talents.

Chapter 5 Diversified Mediation of Disputes

Article 49 The parties may apply to the intellectual property department for administrative ruling on patent infringement disputes in accordance with the law.

The Municipal Intellectual Property Department shall establish a linkage mechanism between administrative adjudication and rights confirmation procedures with the Patent Administration Department of the State Council to jointly promote the settlement of patent infringement disputes when parties file requests for patent invalidation.

Article 50 The parties may apply for mediation of intellectual property disputes to the intellectual property protection management department in accordance with the law. If a mediation agreement is signed after mediation and the content of the mediation agreement complies with relevant legal provisions, the People's Court shall judicially confirm the agreement upon application by the parties.

Article 51 Encourage industry associations, chambers of commerce, etc. to establish industrial and professional people's mediation organizations for intellectual property disputes to provide mediation services. Intellectual property, copyright, judicial administration and other departments should provide support and guidance.

Encourage intellectual property service agencies, legal service agencies, etc. to provide convenient and efficient intellectual property dispute mediation services.

Article 52 This city establishes a litigation and mediation docking mechanism for intellectual property disputes and promotes the use of mediation to quickly resolve disputes. The People's Court may recommend that the parties choose mediation to resolve the dispute before the case is filed, or may entrust a mediation organization or mediator to conduct mediation with the consent of the parties after the case is filed; if a mediation agreement is signed after mediation and the content of the mediation agreement complies with relevant legal provisions, the People's Court shall Apply for judicial confirmation or prepare a mediation document, and reduce or reduce litigation fees in accordance with relevant regulations.

Article 53 Support arbitration institutions in strengthening the capacity building of arbitration services for intellectual property disputes and providing parties with professional, high-quality and efficient arbitration services. Relevant government departments should facilitate the work, residence, entry and exit, and cross-border receipts and payments of relevant personnel for arbitration institutions to carry out foreign-related intellectual property arbitration business.

Chapter 6 Legal Liability

Article 54 If an Internet service provider violates the provisions of Article 28 of these Regulations, the culture and tourism, market supervision and management and other departments shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 200,000 yuan will be imposed.

Article 55 If an exhibition organizer or organizer violates the provisions of Article 29 of these Regulations, the intellectual property department shall order it to make corrections. Depending on the seriousness of the case, it may impose a warning, a notice of criticism, or a fine of not less than 30,000 yuan but not more than 100,000 yuan.

Article 56 Anyone who violates the provisions of these Regulations and infringes on the intellectual property rights of others shall bear civil liability in accordance with the law; if it constitutes a crime, he shall be investigated for criminal liability in accordance with the law.

Chapter 7 Supplementary Provisions

Article 57 These Regulations will come into effect on July 1, 2022.

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