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Implement "completely cancel all types of financial subsidies for patent authorization before the end of 2023" and cancel patent authorization subsidies!
Release Time:
2023-09-26
Recently, the Shenzhen Municipal Administration for Market Regulation issued a notice to publicly solicit opinions on the "Shenzhen Municipal Administration for Market Regulation Special Fund Operation Procedures in the Field of Intellectual Property (Revised Draft for Comments)". Its revision notes mentioned,
(2) If the applicant’s staff has obtained patent agent qualifications after January 1, 2021, has served continuously in the applicant’s unit for more than one year, and is still employed when applying for this award, the company or institution where he/she works will be treated as a per-person employee. A one-time reward of 50,000 yuan will be given; on this basis, those with legal qualification certificates will be given an additional reward of 30,000 yuan per person at a one-time basis for their enterprises or institutions;
(3) After the applicant’s staff obtains the patent agent qualification, the company or institution where they worked when they obtained the qualification has served for more than 5 consecutive years, and they are still employed when applying for the rewards specified in this item, the company or institution where they work will be treated according to each A one-time reward of 50,000 yuan will be given to each person;
(4) If the applicant’s staff has obtained an intermediate or senior technical title in the intellectual property profession after January 1, 2021, has served continuously in the applicant’s unit for more than 1 year, and is still employed when applying for the award stipulated in this item, the employer shall Enterprises or institutions will award a one-time reward of 30,000 yuan per person for intermediate professional titles and 50,000 yuan per person for senior professional titles. Senior professional titles include senior and deputy senior;
Notice of the Shenzhen Municipal Administration for Market Regulation on publicly soliciting opinions on the "Operation Rules for Special Funds in the Field of Intellectual Property Rights of the Shenzhen Municipal Administration for Market Regulation (Revised Draft for Comments)"
Shenzhen Stock Exchange Supervision Notice [2023] No. 138
In order to implement the decisions and arrangements of the Party Central Committee and the State Council and further promote the implementation of the "Outline for Building a Strong Intellectual Property Power (2021-2035)", according to the "State Intellectual Property Office's Issuance of the Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property (2022)" Notice" (Guozhifayunzi [2022] No. 15) on "Comprehensive cancellation of all types of financial subsidies for patent authorization by the end of 2023, focusing on increasing support for subsequent transformation and application, administrative protection and public services", " Opinions of the Shenzhen Municipal People's Government on Developing and Expanding Strategic Emerging Industrial Clusters and Cultivating and Developing Future Industries" (Shenzhen Government [2022] No. 1) and "Shenzhen Municipal Market Supervision and Administration Bureau Special Fund Management Measures" (Shenzhen Municipal Supervision Regulation [2020] 3 No.) and other relevant documents require, optimize and adjust the intellectual property funding and reward policy, effectively play the guiding role of fiscal funds policy, and promote the high-quality development of intellectual property undertakings. After extensive preliminary research, the Shenzhen Municipal Market Supervision and Administration Bureau drafted the "Shenzhen Municipal Market Supervision and Administration "Operation Rules for Special Funds in the Intellectual Property Field of the State Council (Revised Draft for Comments)". In order to protect the public's right to know and participate and improve the quality of document drafting, in accordance with the "Regulations on the Management of Normative Documents for Administrative Agencies of Shenzhen" (Municipal Government Order No. 305), the "Special Funds for Intellectual Property Rights of Shenzhen Municipal Administration for Market Regulation" are hereby issued. Operating Procedures (Revised Draft for Comments)" to solicit public opinions. Relevant units and people from all walks of life can provide feedback through the following two methods before October 31, 2023:
(1) Send your opinions by letter to: Intellectual Property Promotion Division, Municipal Market Supervision Bureau, No. 7010 Shennan Avenue, Futian District, Shenzhen City, contact number: 83070159 (Postal code: 518100), and please indicate "Normative" on the envelope "Document Requesting Comments".
(2) Send comments via email to: liuyt1@mail.amr.sz.gov.cn.
Notice is hereby given.
Attachment 1: Operating Procedures for Special Funds in the Field of Intellectual Property of Shenzhen Municipal Administration for Market Regulation (Revised Draft for Comments)
Shenzhen Municipal Administration for Market Regulation
September 26, 2023
Attachment1:
"Shenzhen Municipal Administration for Market Regulation Special Fund Operation Procedures in the Field of Intellectual Property" Revised Draft for Comments
Chapter 1 General Provisions
Article 1 In order to promote the high-quality development of Shenzhen’s intellectual property undertakings, standardize the organization and implementation of special fund funding and reward projects in the field of intellectual property rights of the Shenzhen Municipal Administration for Market Regulation, and improve the efficiency and management level of the use of special funds, according to the "Shenzhen Special Economic Zone Intellectual Property Protection Regulations, "Shenzhen Municipal Financial Special Fund Management Measures", "Shenzhen Municipal Market Supervision and Administration Special Fund Management Measures" and other provisions, this procedure is formulated.
Article 2 These regulations apply to the application, acceptance, review, expert review, publicity, collective decision-making, project reserves, budget management, funds Activities such as disbursement and contract management are organized and implemented by the Shenzhen Municipal Administration for Market Regulation (hereinafter referred to as the Shenzhen Municipal Intellectual Property Administration).
Article 3 The use and management of special funds adhere to the principles of "openness, fairness and justice", comply with the relevant laws and regulations and financial management systems of the country, Guangdong Province and Shenzhen City, and implement "voluntary declaration, expert review, social publicity, scientific decision-making, performance Evaluation” management model.
Article 4 The special funds stipulated in these regulations are mainly used to strengthen the creation, application, protection, management and services of intellectual property rights in Shenzhen, including the following aspects:
(1) The quality of intellectual property creation is improved; (2) The ability to use intellectual property is improved; (3) The ability to protect intellectual property is improved; (4) Intellectual property publicity, education and training; (5) The ability to serve intellectual property rights is improved; (6) The implementation of the Municipal Party Committee , the key tasks of the municipal government in the field of intellectual property and other work projects that are undertaken by local governments in accordance with the clear requirements of national and provincial superior authorities.
Chapter 2 Conditions, Standards and Application Materials
Section 1 Improving the Quality of Intellectual Property Creation
Article 5 Applicants applying for special funds in this section shall be enterprises, institutions, social organizations or other institutions registered in accordance with the law, or individuals holding legal identity documents. The relevant intellectual property business applying for special funds shall be under the jurisdiction of Shenzhen City (including Shenzhen Municipal Government). Shantou Special Cooperation Zone, the same below) management and statistics, and meet the conditions stipulated in the corresponding funding or award terms.
Article 6 Implement incentives to promote the cultivation of high-value patents. The reward standard is: 500,000 yuan will be awarded to qualified applicants. No more than 30 companies will be selected for this project each year, and the total annual reward will not exceed 15 million yuan.
Applicants should meet the following conditions at the same time: (1) Belong to enterprises, institutions, colleges and universities, scientific research institutions, social organizations or other institutions registered in accordance with the law; (2) Actively carry out high-value patent cultivation work and continuously improve market-oriented patents. The creation, application and protection mechanism of high-value patents will incorporate invention patent authorization, patent cooperation treaty application and other business conditions into the evaluation factors of the unit's scientific and technological innovation work, and strengthen the evaluation orientation of high-value patents; (3) Applicants actively implement intellectual property protection in Shenzhen and the use of the "14th Five-Year Plan" to achieve good results in the layout of invention patents and overseas invention patents in strategic emerging industries or future industries. The number of invention patent applications or authorizations and the international patent layout achieved growth last year; (4) ) Achieve good results in the transformation and utilization of patented product sales, license transfers, pledge financing or obtaining patent awards, as well as in patent protection;
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Other relevant materials that specifically and fully reflect that the applicant meets the above conditions.
Article 7 Funding after the certification of international standards for innovation management of intellectual property rights. Support enterprises in implementing international standards for innovative management of intellectual property, promote the integration of intellectual property management into corporate innovation management systems, and enhance the awareness and level of corporate intellectual property compliance management. The funding standard is: A one-time grant of 100,000 yuan will be given to each enterprise that has passed the international standard certification of "Innovation Management-Intellectual Property Management Guide (ISO56005)". The total annual funding for this project shall not exceed 20 million yuan.
Applicants should meet the following conditions at the same time: (1) Be an enterprise registered in accordance with the law, engage in production and operation or technology research and development activities in Shenzhen and have a stable office space; (2) The industry belongs to the "Shenzhen Strategic Emerging Industry Development Ten" One of the key areas of the Fourth Five-Year Plan, the specific scope includes the 20 strategic emerging industry clusters and 8 future industry clusters listed therein; (3) The applicant is recognized as a national intellectual property advantageous enterprise, demonstration enterprise or specialized enterprise A special new "little giant" enterprise; (4) It has passed the international standard certification of "Innovation Management-Intellectual Property Management Guide (ISO56005)".
Applicants should submit the following materials: (1) Application form; (2) Supporting materials proving that the applicant is recognized as a national intellectual property advantageous enterprise, a demonstration enterprise, or a "little giant" enterprise that specializes in new technologies; (3) "Innovation Management - Intellectual Property Management Guide (ISO56005)" International Standard Certification Certificate.
Article 8 To implement supporting rewards for intellectual property projects, the reward standards are:
(1) Those who are awarded the China Patent Award will receive a one-time supporting reward of 2 million yuan for the gold award, 500,000 yuan for the silver award, and 200,000 yuan for the excellence award. (2) Those who are awarded the Guangdong Provincial Patent Award or Outstanding Inventor will receive a one-time supporting reward of 300,000 yuan for the gold award, a one-time supporting reward of 200,000 yuan for the silver award, a one-time supporting reward of 100,000 yuan for the excellence award, and a one-time supporting reward for outstanding inventors. Reward 100,000 yuan. (3) Those who are awarded the Shenzhen Patent Award will be awarded a one-time reward of 300,000 yuan for each project. (4) Those who are awarded the "China Trademark Gold Award" will receive a one-time supporting award of 1 million yuan for each item. (5) Those who are awarded the "China Copyright Gold Award" will receive a one-time supporting award of 1 million yuan for each project.
Applicants should submit the following materials: (1) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (2) Applicant’s payment account information.
Section 2 Improvement of Intellectual Property Utilization Ability
Article 9 Implement funding for leading intellectual property enterprises (units) in Shenzhen. The funding standards are: no more than 20 leading intellectual property enterprises (units) in Shenzhen will be recognized each year, and each company will be given a one-time subsidy of 500,000 yuan.
The applicant shall meet the following conditions at the same time: (1) It is an enterprise, university or scientific research institute that is registered in accordance with the law and has independent legal person status. It has been established for more than 3 years and has not received funding from Shenzhen’s advantageous demonstration units and this article; ( 2) Engage in production and business activities in Shenzhen City, and have a stable office space in Shenzhen City; (3) Have an intellectual property management department and full-time staff, and achieve results in improving the intellectual property management system and talent training; (4) Intellectual property rights The creative results are remarkable, and the number of patent authorizations, the number of trademark registrations approved, or the number of copyright registrations has achieved positive annual growth twice in a row in the past two years; (5) The use of intellectual property rights is effective, and the intellectual property rights play a core supporting role in products or services, or have already Operate intellectual property externally, or achieve results in the field of intellectual property finance; (6) A complete intellectual property protection system has been established and effective measures have been taken to protect intellectual property; (7) Investment in intellectual property work in the previous year (including intellectual property rights) Labor costs, intellectual property education and training, intellectual property informatization construction, intellectual property protection or rights protection, intellectual property application official fees and agency fees, intellectual property professional consulting and other related expenses) account for more than 2% of R&D investment.
The following situations are factors of relative advantage: (1) The industry belongs to one of the key areas of the "Shenzhen City's 14th Five-Year Plan for the Development of Strategic Emerging Industries". The specific scope includes the 20 strategic emerging industry clusters and 8 listed Future industrial cluster; (2) The applicant has passed the international standard certification of "Innovation Management - Intellectual Property Management Guide (ISO56005)".
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Materials related to the applicant’s intellectual property rules and regulations construction and talent training results; intellectual property creation, Materials related to the effectiveness of work in areas such as application and protection; (4) Intellectual property investment audit reports issued by third-party institutions in accordance with the law.
Article 10 Implementation of Shenzhen Copyright Innovation Development Base Cultivation Funding. The funding standards are: support the development of Shenzhen's copyright industry and carry out the cultivation and construction of Shenzhen's copyright innovation development base. No more than 5 companies will be selected each year, and each company will receive a one-time grant of 200,000 yuan. Those who have been rated as Shenzhen Intellectual Property Advantage Unit or Guangdong Province Copyright Industry Demonstration Base will not be repeatedly funded.
Applicants should meet the following conditions at the same time: (1) Shenzhen Copyright Innovation and Development Base cultivates work carrier enterprises with independent legal person qualifications, has been registered for more than 2 years and is in good operating conditions. The operating conditions of copyright-related industries in the previous year were good and produced good results. Economic benefits; (2) Engage in production and business activities in Shenzhen City, have stable office space in Shenzhen City; (3) Have a sound copyright protection system, equipped with full-time or part-time organizers responsible for copyright work, and have relatively complete copyright protection mechanism, with promotion value throughout the city; (4) Have independent innovation capabilities, focus on the creation, application, protection and management of copyrights, have a demonstration effect in the field of creation, dissemination and use of works, and have a total number of copyright registrations of no less than 100, The number of copyright registrations last year increased by no less than 10% year-on-year; (5) Abide by laws and regulations, operate with integrity, do not produce, disseminate, or use infringing products, and promise that the software genuineness rate will reach 100%, and there will be no malicious infringement or piracy.
Applicants should submit the following materials: (1) Application form; (2) Copyright protection and management system, and relevant materials of full-time or part-time organizers responsible for copyright work; (3) Copyright registration certificate and list; (4) Copyright creation and use , protection and management, as well as related materials that have a demonstration effect in the fields of creation, dissemination and use of works; (5) Commitment letters and related materials that the software genuine rate reaches 100%; (6) The operating conditions of copyright-related industries in the previous year were good, Relevant materials that have produced better economic benefits.
Article 11 To implement funding for industrial intellectual property alliances, the funding standards are: Funding will be provided to industrial intellectual property alliances that have been registered with the intellectual property authorities of Guangdong Province and above and are in line with the industrial policy orientation of Shenzhen City. No more than 3 projects will be selected each year. Reference The actual cost of each subsidy in the previous year shall not exceed 500,000 yuan. Applicants should meet the following conditions at the same time:
(1) The applicant is the secretary unit or initiating unit of the alliance, and is an enterprise, institution, social organization or other institution registered in accordance with the law; (2) The industry belongs to the key points of the "Shenzhen Strategic Emerging Industry Development "14th Five-Year Plan"" One of the fields, the specific scope includes the 20 strategic emerging industry clusters and 8 future industry clusters listed therein; (3) The alliance has provided knowledge to Shenzhen municipal level and above (provincial and municipal levels are limited to Guangdong Province and Shenzhen City) Registration with the property rights authority; (4) The alliance has not received funding stipulated in this article in the past three years; (5) The alliance member units have a total of more than 100 valid intellectual property rights (including patents, trademarks, copyrights, etc.); (6) Last year It has carried out intellectual property related work such as intellectual property database construction, patent pool establishment, intellectual property licensing transfer or intellectual property early warning analysis, and intellectual property rights protection, making positive contributions to Shenzhen's industrial development.
If you apply for funding to carry out patent conversion and utilization, intellectual property early warning analysis work, the same matter cannot be applied for funding for similar projects such as patent conversion and utilization, patent navigation, and corporate intellectual property compliance management review. If you apply for funding to carry out intellectual property rights protection work, you cannot apply for funding for the same project twice with similar projects such as improving domestic intellectual property rights protection capabilities and improving overseas intellectual property rights protection capabilities.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Alliance registration related materials; (4) Alliance charter; (5) Alliance member units related Patent certificates, trademark certificates, copyright registration certificates and other intellectual property ownership materials; (6) Related materials for carrying out intellectual property database construction, patent pool establishment, intellectual property licensing and transfer, intellectual property early warning analysis, and intellectual property rights protection; (7) An audit report on the cost of intellectual property work expenditures for the previous year issued by a third-party agency in accordance with the law.
Article 12 Implement subsidies for the transformation and utilization of patents by small, medium and micro enterprises. Give full play to the positive role of the patent resources of domestic universities and scientific research institutes, promote the implementation and application of patented technologies and patented designs, and provide subsidies to small, medium and micro enterprises to obtain innovative results from domestic universities or scientific research institutes and promote the transformation and application of patent rights. The funding standard is: funding shall not exceed 5% of the actual license fee and transfer amount. The annual funding amount for each applicant shall not exceed 500,000 yuan, and the total annual funding for this project shall not exceed 10 million yuan.
Applicants should meet the following conditions at the same time: (1) The applicant is an enterprise registered in accordance with the law and meets the National Bureau of Statistics’ relevant classification standards for medium-sized enterprises, small enterprises or micro-enterprises; (2) The applicant has graduated from a domestic higher education institution or research institute. The patent rights obtained are licensed or transferred and filed or registered with the State Intellectual Property Office in accordance with the law, and the patent license filing or transfer registration time is between January 1 and December 31 of the previous year; (3) The relevant patent rights are licensed Or be transferred to Shenzhen City.
Applicants should submit the following materials: (1) Application form; (2) Supporting materials for enterprises that are registered in accordance with the law and meet the National Bureau of Statistics’ relevant classification standards for medium-sized enterprises, small enterprises or micro-enterprises; (3) Patent license, Relevant contracts for transfer and relevant materials such as the "Patent Implementation Licensing Contract Filing Certificate" and the "Procedure Qualification Notice" for patent transfer registration that were handled in accordance with the law at the State Intellectual Property Office; (4) Invoices for actual payment of patent licensing fees and transfer amounts ,Bank receipt.
Article 13 Funding for implementation of patent transformation and docking activities. Encourage enterprises, institutions, social organizations and other institutions to carry out transformation and docking activities for patented technologies and patented designs. The funding standards are as follows: with reference to the actual expenditure costs of the matching activities, each funding level shall not exceed 200,000 yuan, and each year funding shall not exceed 20 projects.
The applicant shall meet the following conditions at the same time: (1) The applicant is an enterprise, institution, social organization or other institution registered in accordance with the law, engages in production and business activities in Shenzhen and has a stable office space; (2) Actively promotes the patent transformation work in Shenzhen , organized and carried out patent transformation and docking activities to serve Shenzhen entities, and facilitated Shenzhen entities to implement patent transfers or licenses more than 50 times in total. Priority will be given to activities related to the "20+8" key industrial clusters; (3) If the activities have been completed, the completion time should be after January 1 of the previous year, and the relevant patent license or transfer contract has been submitted to the National Intellectual Property Office in accordance with the law. Registration and filing with the Office; (4) If the activity is being implemented or planned, the applicant must have a team of professionals to organize the patent conversion docking activity, relevant work capabilities and other necessary conditions for the activity, and promise to complete the docking activity within the prescribed time limit (5) Relevant docking activities must be provided to Shenzhen entities free of charge.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) If the activity has been completed, a summary of the patent transformation and application docking activities must be submitted (including the background of the activity) , time and place, activity form, participating units, activity effects, etc.) and an audit report on the expenditure and cost of patent transformation and application docking activities issued by a third-party agency in accordance with the law; (4) If the activity is being implemented or planned, an activity plan and organized Patent transformation uses relevant materials that match the activity’s professional team, relevant work capabilities, and other necessary conditions for the activity to be carried out.
Article 14 Implement funding for patent navigation and intellectual property analysis and evaluation projects. Funding standards are: Each patent navigation project will be funded based on actual expenditure costs, with the upper limit of funding not exceeding 500,000 yuan. Patent navigation project types can be industrial planning, business operations, R&D activities or talent management. If the application of enterprise business navigation projects has obvious results and meets the conditions, within the actual cost of pre-export due diligence, risk warning and prevention and control work, an additional subsidy of no more than 200,000 yuan can be added to each item. The same applicant is limited to one application per year. This project will select no more than 20 projects each year, and the total annual funding will not exceed 10 million yuan.
Applicants should meet the following conditions at the same time: (1) Be a legally registered enterprise, public institution, social organization or other institution, engage in production and business activities in Shenzhen, have a stable office space in Shenzhen, and actively implement the protection and utilization of intellectual property rights in Shenzhen. The 14th Five-Year Plan; (2) The project has been completed and achieved good results, and the navigation report or analysis and evaluation report was completed after January 1 of the previous year; (3) The industrial planning navigation project and analysis and evaluation project have been made public Publish the part of the project results that do not involve commercial secrets, and agree with the government department to disclose the parts of the project results that do not involve commercial secrets to the public and make them available for free use by others; (4) If the enterprise management navigation project has achieved obvious results and applies for additional funding, Preliminary intellectual property due diligence, risk warning and prevention and control for the export of relevant products or services should be completed based on the navigation results, and the annual export volume of the applicant's relevant products or services exceeds 5 million yuan.
If the navigated industries are included in the key plans of Shenzhen City or the higher-level government, the "20+8" key industrial clusters, or the annual key work directions of the Shenzhen Intellectual Property Administration Department, priority funding will be given. Project results that are adopted by government decisions, or are adopted by Shenzhen enterprises and innovation entities in production, operation, and scientific and technological research and development activities will be given priority for funding. Project results that are effective in applying to industrial development and enterprise development can be given priority for funding.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Project reports and other achievement materials; (4) Industrial planning navigation and analysis and evaluation projects Relevant materials for the external release of results and a written statement agreeing that the government department will disclose the content of the project results submitted by the applicant that do not involve commercial secrets to the public and make them available for free use by others. Materials on the application results of the project results can be attached; (5) The project results are used If adopted by an enterprise or innovation entity, it shall be a written statement issued by the department responsible for intellectual property rights or main business at the middle level or above of the enterprise or innovation entity. (6) If the annual export volume of relevant products or services of the enterprise navigation project applicant exceeds 5 million yuan, the relevant materials for completing intellectual property due diligence, risk warning or prevention and control, as well as the audited annual financial report of the enterprise and export tax rebates should be submitted Documents related to annual export volume such as vouchers or export goods declaration forms.
Article 15 Implement performance rewards and subsidies for patent and trademark pledge registration of commercial banks. The funding standards are: support commercial banks in carrying out patent and trademark pledge loans. For companies in the city that carried out patent and trademark pledge loans during the previous year and completed the patent and trademark pledge registration procedures with the relevant departments of the State Intellectual Property Office, the funding shall be based on the loan amount no more than that of the previous year. The loan service team will be given a financial subsidy based on 0.05% of the total amount of patent and trademark pledge registration. The maximum funding amount for the same applicant in the same year shall not exceed 1.5 million yuan. The total annual funding for this project shall not exceed 15 million yuan.
The applicant shall meet the following conditions at the same time: (1) The applicant belongs to the head office or branch of a commercial bank established in this city with the approval of the regulatory authorities; (2) The amount of patent and trademark pledge registration in the previous year was more than 500 million yuan, or there are 100 pledge registration items. The above is subject to the time when the pledge registration is completed; (3) The applicant has not received the same type of funding from other government departments for relevant work in the previous year.
The applicant should submit the following materials: (1) Application form; (2) Detailed list of patent and trademark pledge loans, including contract registration number, business responsible person, pledger, pledgee, pledge registration amount, and pledge registration notice number and other information; (3) Patent and trademark pledge registration notice and pledge contract; (3) Relevant work has not received a commitment letter from other government departments of the same type of funding.
Article 16 Implement intellectual property insurance funding. The funding standards are: For enterprises and institutions in Shenzhen that purchase intellectual property insurance from insurance companies and it is patent pledge financing guarantee insurance, overseas infringement liability insurance, patent enforcement insurance, and patent infringement loss insurance, the amount shall not exceed the actual premium paid. 50% support. The total amount of funding for the same applicant in the same year shall not exceed 200,000 yuan. There will be no duplication of funding for the same piece of intellectual property and the same type of insurance.
The total annual funding for this project shall not exceed 5 million yuan.
Applicants should meet the following conditions at the same time:
(1) It is an enterprise or institution registered in accordance with the law; (2) The applicant's industry belongs to one of the key areas of the "Shenzhen Municipal Strategic Emerging Industry Development "14th Five-Year Plan"", and the specific scope includes the 20 strategies listed therein emerging industrial clusters and 8 future industrial clusters; (3) The intellectual property insurance contract was signed between January 1 and December 31 of the previous year, and the intellectual property used for insurance is legal and valid, with clear ownership and clear legal status ; (4) The insurance project applying for funding stipulated in this article has not received relevant insurance project funding from other government departments in our city.
Applicants should submit the following materials: (1) Application form; (2) Ownership documents related to insured intellectual property rights, insurance policies and payment vouchers, as well as bank transfer vouchers, accounting vouchers and other related materials.
Article 17 Implement subsidies for intellectual property securitization projects. The subsidy standard is: For enterprises that enter the pool to participate in intellectual property securitization projects with a credit rating of 3A issued by enterprises and institutions in our city and obtain financing, a subsidy of 50% of the total amount of actual interest and guarantee fees will be provided, and the subsidy amount will not exceed If it exceeds 3.5% of the financing scale, the total annual subsidy for the same applicant shall not exceed 2 million yuan. The total annual subsidy for this project shall not exceed 30 million yuan.
Applicants should meet the following conditions at the same time: (1) The applicant belongs to an enterprise or institution registered in accordance with the law; (2) The applicant's industry belongs to the key areas of the "Shenzhen Strategic Emerging Industry Development "14th Five-Year Plan"", the specific scope Including the 20 strategic emerging industry clusters and 8 future industry clusters listed therein; (3) As a pooled enterprise participating in the intellectual property securitization project and obtaining financing, the loan contract has been fulfilled as agreed when applying for this subsidy, and has been The principal and interest must be paid off, and the principal and interest must be paid off between January 1 and December 31 of the previous year; (4) The same loan has not received loan subsidies for intellectual property securitization projects from other government departments in our city; (5) The credit rating of the intellectual property securitization products entered by the enterprise reaches 3A level.
Applicants should submit the following materials: (1) Application form; (2) Loan contract, pledge contract, guarantee contract, intellectual property evaluation report, intellectual property pledge registration certificate issued by the State Intellectual Property Office and other competent authorities and other loan-related materials; ( 3) Relevant materials such as loan settlement certificates uniformly issued by lending financial institutions; (4) Relevant materials for intellectual property securitization product rating reports.
Article 18 Implement major special funding for intellectual property rights. Funding standards are as follows: The Shenzhen Municipal Intellectual Property Administration will issue application guidelines for special intellectual property work that requires key promotion in accordance with national, provincial and municipal key work arrangements. No more than 3 projects will be selected each year, and each funding will not exceed 2 million yuan. The specific project content will be determined based on the key work deployment of the year.
Applicants should meet the following conditions at the same time: (1) The applicant belongs to an enterprise, institution, social organization or other institution registered in accordance with the law; (2) Engages in production and business activities in Shenzhen City, and has a stable office space in Shenzhen City; (3) Have professional talents and teams engaged in major intellectual property projects, as well as other necessary conditions to ensure the implementation of major special tasks.
Applicants should submit the following materials: (1) Application form; (2) Professional talents and teams engaged in major intellectual property projects, as well as other relevant materials necessary to implement major special tasks.
Section 3 Improvement of intellectual property protection capabilities
Article 19 Implement funding for improving domestic intellectual property rights protection capabilities. Funding standards are: each project is funded according to its actual expenditure cost, the upper limit of funding does not exceed 500,000 yuan, the same applicant cannot be funded more than once per year, and the total annual funding for this project does not exceed 5 million yuan.
Funding will not be granted if one of the following circumstances exists: (1) The intellectual property rights involved in the project have received funding for intellectual property rights protection from this city; (2) The project has received intellectual property insurance compensation; (3) Related expenditures It is used to pay settlement fees in the project; (4) The main content of the project is administrative processing or criminal proceedings; (5) The applicant is found to have constituted an infringement.
The applicant shall meet the following conditions at the same time: (1) The applicant is an enterprise registered in accordance with the law, actively implements Shenzhen’s “14th Five-Year Plan” for the protection and application of intellectual property rights, and has achieved good results in domestic intellectual property rights protection; (2) A relatively complete intellectual property protection system has been established, including but not limited to intellectual property personnel management, intellectual property rights protection emergency response and other related systems; (3) The intellectual property rights protection project has an effective civil judgment, arbitration award, or a settlement reached by the people's court Judicial confirmation and execution have been completed; (4) The completion of the project shall not exceed 1 year, based on the date when the judgment, award or settlement agreement takes effect, and the period from that date to the application deadline shall not exceed 1 year; (5) The project reflects the enterprise's The improvement of intellectual property protection capabilities and rights protection level will serve as a reference for related industries in Shenzhen, have certain reference significance for the formulation of Shenzhen intellectual property protection policies, or have other important social significance and impact; (6) Agree to transfer project-related information (commercial (Secrets excluded), research results, rights protection experience, etc. shall be disclosed to the public free of charge.
A project may include single or multiple rights protection matters. If one rights protection is used to protect rights from different infringers, or if multiple rights protection is used to protect rights, the application can be combined into one project. The same matter cannot be applied for repeatedly with similar projects funded by the Industrial Intellectual Property Alliance in Article 11 of these Regulations for carrying out intellectual property rights protection work.
Applicants should submit the following materials: (1) Application form; (2) Description of the construction of the enterprise's intellectual property protection system; (3) Description of case progress and case analysis reports and other research results; (4) Domestic documents issued by third-party institutions in accordance with the law. Audit report of rights protection expenditure costs; (5) Judgment documents, arbitration awards, settlement agreements and their implementation and other materials; (6) Evidence for responding to litigation, legal service contracts and other materials.
Article 20 Implement funding for improving overseas intellectual property rights protection capabilities. Support the "20+8" industrial enterprises or "specialized, special and innovative" enterprises that Shenzhen City focuses on encouraging the development of "going out", and enhance the awareness of enterprises to proactively carry out overseas rights protection and actively respond to overseas disputes. Funding standards are: each item is funded according to its actual expenditure cost, the upper limit of funding does not exceed 1.5 million yuan, and the total annual funding for this project does not exceed 30 million yuan. The same applicant may not fund more than one project per year, and the intellectual property insurance compensation and settlement fees paid for rights protection projects shall be deducted.
Funding will not be granted if one of the following circumstances exists: (1) The project is a case investigated by the United States’ “337” investigation; (2) The project has received funding from this city’s overseas intellectual property rights protection category.
Applicants should meet the following conditions at the same time: (1) The applicant is an enterprise registered in accordance with the law, actively implements Shenzhen’s “14th Five-Year Plan” for intellectual property protection and utilization, and has achieved good results in overseas intellectual property rights protection; (2) A relatively complete intellectual property protection system has been established, including but not limited to intellectual property personnel management, intellectual property rights protection emergency response and other related systems; (3) The project has a reference role for related industries in Shenzhen and has a certain influence on the formulation of Shenzhen intellectual property protection policies. Reference significance, or other important social significance and impact; (4) As of the date the applicant submits the application, the intellectual property rights protection project has a judgment, arbitration award or settlement agreement, and the relevant documents do not state that the applicant has constituted an infringement; (5) The completion of the project shall not exceed 1 year, based on the date when the judgment, award or settlement agreement takes effect, and the period from that date to the application deadline shall not exceed 1 year; (6) Agree to transfer project-related information (except trade secrets), research results, Rights protection experience and other information will be disclosed to the public free of charge.
The same matter cannot be applied for repeatedly with similar projects funded by the Industrial Intellectual Property Alliance in Article 11 of these Regulations for carrying out intellectual property rights protection work.
Applicants should submit the following materials: (1) Application form; (2) Description of the construction of the enterprise's intellectual property protection system; (3) Case progress description and case analysis report and other research results; (4) Overseas documents issued by third-party institutions in accordance with the law Audit report of rights protection expenditure costs; (5) Judgment documents, arbitration awards, settlement agreements and their implementation and other materials; (6) Evidence for responding to litigation, legal service contracts and other materials.
For foreign language materials, a Chinese translation issued by an institution with translation qualifications must be provided at the same time. Materials formed or obtained outside the country (outside the country) must be notarized in accordance with the law or perform relevant certification procedures in the country where they are located; the materials are formed in Hong Kong, Macao, and Taiwan. , relevant certification procedures should be performed.
Article 21 Implement funding to improve industrial intellectual property protection and governance capabilities. Encourage intellectual property protection workstations to provide Shenzhen enterprises and other innovative entities with comprehensive services such as intellectual property information retrieval, legal consultation, dispute resolution, rights protection assistance, publicity and training, and enhance industrial intellectual property protection and governance capabilities. Funding will be provided to units that pass the evaluation of the Shenzhen Intellectual Property Protection Workstation. The funding standards are: According to the evaluation results, if the evaluation results are excellent (the number of excellent evaluations each year shall not exceed 5% of the total number of evaluations) and good, each family will be given a subsidy of 150,000 yuan and 100,000 yuan respectively. For those evaluated as qualified, each family will be given no more than 50,000 yuan in funding. The total annual funding for this project shall not exceed 12 million yuan.
The applicant shall meet the following conditions at the same time: (1) The applicant is a legally registered enterprise, institution or social organization, has established an intellectual property protection workstation for more than 1 year, and has filed with the Shenzhen Municipal Intellectual Property Administration; (2) Participate in the evaluation of the Shenzhen Intellectual Property Protection Workstation and obtain the evaluation results.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Provide relevant materials related to the evaluation results of the latest Shenzhen Intellectual Property Protection Workstation.
Article 22 Implement intellectual property dispute mediation assistance. The funding standards are:
(1) If more than 20 intellectual property dispute cases are mediated, 50% of the actual cost will be subsidized, with a maximum subsidy of 50,000 yuan per company; (2) If 60 or more intellectual property dispute cases are mediated, 50% of the actual cost will be subsidized Subsidy, with a maximum subsidy of 150,000 yuan for each company; (3) For mediation of more than 100 intellectual property dispute cases, 50% of the actual cost will be funded, with a maximum subsidy of 250,000 yuan for each company.
The total annual funding for this project shall not exceed 3 million yuan.
The applicant shall meet the following conditions at the same time: (1) The applicant is an enterprise, institution or social organization registered in accordance with the law, actively implements Shenzhen’s “14th Five-Year Plan” for intellectual property protection and utilization, and has established people’s mediation and commercial mediation in Shenzhen. Or industry mediation and other types of intellectual property dispute mediation organizations, and carry out intellectual property dispute mediation work; (2) Have a stable workplace and operation team in Shenzhen, equipped with 2 full-time or part-time hosting staff responsible for intellectual property protection work Above, it has a team of intellectual property dispute mediators and a complete working system, and the mediator information has been made public; (3) Intellectual property dispute mediation cases have a certain success rate; (4) Each intellectual property dispute mediation institution shall not exceed 2 Home.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials. People's mediation organizations must also submit filing documents for approval by the judicial administrative department. Enterprises are exempted from submitting business licenses; (3) Mediation organization operation team Situation, list of mediators, letter of appointment, mediator information disclosure materials; (4) List of intellectual property dispute mediation cases in the previous year, work report (including operation status, type and quantity of mediation business, typical mediation cases, etc.); (4) 5) If a mediation agreement is reached, submit the mediation agreement. If the mediation agreement is judicially confirmed by the court, submit the judicial confirmation document to the court; (6) An audit report on the cost of intellectual property mediation expenses for the previous year issued by a third-party agency in accordance with the law.
Article 23 Implement intellectual property protection, standardize the market and cultivate market funding. The funding standards are:
(1) For the standardized markets for intellectual property protection newly recognized by the national intellectual property authorities in the previous year, each market operator will be given a subsidy of no more than 300,000 yuan.
(2) For the standardized markets for intellectual property protection that passed the extended review in the previous year, each market operator will be given a subsidy of no more than 200,000 yuan. (3) For markets approved by the national intellectual property authorities in the previous year to carry out standardized market cultivation of intellectual property protection, each market operator will be given a subsidy of no more than 100,000 yuan.
The total annual funding for this project shall not exceed 600,000 yuan.
Applicants should meet the following conditions at the same time: (1) The applicant belongs to an enterprise or institution registered in accordance with the law. (2) The market it opens in Shenzhen is a standardized market for intellectual property protection that was recognized or passed the renewal review by the national intellectual property authority in the previous year, or a market that has been approved by the national intellectual property authority to develop a standardized market for intellectual property protection.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) The market was recognized as a standardized market for intellectual property protection by the national intellectual property authorities in the previous year or passed the renewal Relevant certification documents for review, or relevant certification documents for the implementation of standardized market cultivation work for intellectual property protection approved by the national intellectual property authority.
Article 24 When implementing geographical indication funding, the funding standards are as follows:
(1) If a product obtains "geographical indication product protection" or successfully registers a geographical indication as a certification mark or collective mark, a one-time subsidy of 500,000 yuan will be provided. If the same product meets multiple conditions at the same time, it will only be funded once. (2) Those who obtain the right to use the special mark for products protected by geographical indications will be given a one-time subsidy of 100,000 yuan. The total annual funding for this project shall not exceed 1 million yuan.
Applicants should meet the following conditions at the same time: (1) Be an enterprise, institution, social organization or other institution registered in accordance with the law, engage in production and business activities in Shenzhen and have a stable office space, such as applying for the "Protection of Geographical Indication Products" for the People's Government If the application for geographical indication product protection is approved, the application for funding under this article shall be submitted by the designated application agency for geographical indication product protection or the associations and enterprises recognized by the people's government. The applicant shall comply with the provisions of this paragraph; (2) Obtained approval from the State Intellectual Property Office in the previous year "Protection of Geographical Indication Products", or successfully register the geographical indication as a certification mark or collective trademark, or obtain the right to use the special mark for products protected by geographical indication.
Applicants should submit the following materials: (1) Application form; (2) "Protection of Geographical Indication Products" announcement, or registration certificate of geographical indication trademark, and materials proving the right to use special marks for products protected by geographical indications.
Article 25 Implement intellectual property protection system construction and innovation funding, and support relevant research and institutional mechanism construction, mainly including the following areas:
(1) The research and formulation of intellectual property protection status and cutting-edge rules for the “20+8” industries that Shenzhen City focuses on encouraging development, as well as new fields, new business formats, new technologies and other national key support directions; (2) Guangdong-Hong Kong-Macao Greater Bay Area Integration of intellectual property protection rules, or research and construction of international and inter-regional intellectual property cooperation mechanisms; (3) Investigation and assessment of the overseas intellectual property protection status of Shenzhen enterprises and research and construction of an international intellectual property dispute response system; (4) Shenzhen intellectual property rights Protection of data collection, compilation and analysis of typical cases or events; (5) other reform and innovative research and construction to strengthen Shenzhen’s intellectual property protection work.
Funding standards are: each item is funded according to its actual expenditure cost, the upper limit of funding does not exceed 200,000 yuan, and the total annual funding for this project does not exceed 2 million yuan.
The applicant shall meet the following conditions at the same time: (1) The applicant belongs to an enterprise, public institution, social organization or other institution registered in accordance with the law, and actively implements Shenzhen’s “14th Five-Year Plan” for the protection and utilization of intellectual property rights; (2) There is an applicant in Shenzhen. A stable workplace and full-time intellectual property researchers, with a relatively complete intellectual property working mechanism; (3) The project research is forward-looking, advanced, creative, and industrially applicable, the project research is sufficient, and the research results fill the relevant fields at home and abroad Blank, or has been adopted for pilot application, which has a good reference and reference role in promoting the construction and innovation of Shenzhen's intellectual property protection system; (4) Agree to disclose the project results and related information to the public and make them available to others for free use without permission. ; (5) If the project has been completed, the completion time shall not exceed 1 year from the application deadline.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Project progress or completion statement; (4) Project originality statement; (5) Implementation The projects in the project need to submit a feasibility study report, which includes the implementation background and significance of the project, expected goals, implementation content and plan, progress plan, expense plan, phased results, work team situation, etc.; completed projects need to submit Project results report, and relevant materials indicating that the research results have filled gaps in relevant fields at home and abroad, or have been adopted for pilot applications; (6) Project expenditure cost audit report issued by a third-party agency in accordance with the law.
Section 4 Intellectual Property Publicity, Education and Training
Article 26 Implement funding for patent agency training, encourage patent agencies to carry out patent agency training, and consolidate the basic business capabilities of patent agency practitioners. The funding standards are as follows: The training of newly recruited patent agency practitioners will be funded at a one-time rate of 5,000 yuan per person for the patent agency where they work, and the annual funding for each company shall not exceed 200,000 yuan. The total annual funding for this project shall not exceed 3 million yuan.
The applicant shall meet the following conditions at the same time: (1) The applicant belongs to a patent agency registered in accordance with the law or a branch established by a patent agency; (2) The applicant has signed a labor contract with a newly recruited patent agency practitioner, and the contract period is 2 For more than 6 years, they have paid social security in Shenzhen continuously for more than 6 months, and they are still employed when applying for the subsidies stipulated in this article; (3) The newly recruited patent agency practitioners are full-time graduates with a bachelor's degree or above, and those with the highest academic diploma The time for issuing the certificate shall not exceed 2 years from the deadline for funding application; (4) The applicant has established a professional training course system and carried out professional training.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Identity documents, labor contracts, highest academic certificates, and social security of newly recruited patent agency practitioners. card and social security payment voucher for more than 6 consecutive months before the funding application date; (4) Materials related to the applicant’s patent agency training course system; (5) Sign-in sheets, on-site photos, and training activities of the applicant’s patent agency training activities carried out in the past 2 years Courseware and other related materials.
Article 27 Implement incentives for cultivating intellectual property professionals. The award conditions and standards are:
(1) The applicant belongs to a legally registered enterprise, institution, university, scientific research institution or intellectual property service organization, and is engaged in cultivating intellectual property professionals in Shenzhen;
(2) If the applicant’s staff has obtained patent agent qualifications after January 1, 2021, has served continuously in the applicant’s unit for more than one year, and is still employed when applying for this award, the company or institution where he/she works will be treated as a per-person employee. A one-time reward of 50,000 yuan will be given; on this basis, those with legal qualification certificates will be given an additional reward of 30,000 yuan per person at a one-time basis for their enterprises or institutions;
(3) After the applicant’s staff obtains the patent agent qualification, the company or institution where they worked when they obtained the qualification has served for more than 5 consecutive years, and they are still employed when applying for the rewards specified in this item, the company or institution where they work will be treated according to each A one-time reward of 50,000 yuan will be given to each person;
(4) If the applicant’s staff has obtained an intermediate or senior technical title in the intellectual property profession after January 1, 2021, has served continuously in the applicant’s unit for more than 1 year, and is still employed when applying for the award stipulated in this item, the employer shall Enterprises or institutions will award a one-time reward of 30,000 yuan per person for intermediate professional titles and 50,000 yuan per person for senior professional titles. Senior professional titles include senior and deputy senior;
(5) The applicant has paid social insurance for the above-mentioned staff members in Shenzhen in accordance with the law during their continuous service. Anyone who meets multiple of the above circumstances can apply, and each person can be rewarded once per circumstance. The total annual reward for this project shall not exceed 15 million yuan.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Patent agent qualification certificate, legal qualification certificate or intermediate or senior technical title in intellectual property specialty Certificate; (4) The identity document of the patent agent or professional title holder and the social security payment voucher corresponding to the length of service. For those who are re-employed and do not have social security payment certificates after retirement, they can provide the retirement certificate issued by the Shenzhen Social Security Department as well as the labor contract and labor remuneration payment certificate related materials corresponding to the continuous service time in the applicant's unit.
Units that have received rewards under this article are encouraged to reward relevant individuals. Relevant reward details shall be determined and implemented by each unit.
Article 28 Implement intellectual property training funding, encourage enterprises, institutions, social organizations and other institutions to carry out public welfare training around the creation, use, protection, management, and services of intellectual property to improve the overall level of intellectual property work in Shenzhen. The funding standards are:
The funding for each training shall not exceed RMB 200,000 based on the actual cost, and the total annual funding for the project shall not exceed RMB 5 million. The same applicant can apply for up to 2 projects each year.
The applicant shall meet the following conditions at the same time: (1) The applicant belongs to an enterprise, institution, social organization or other institution registered in accordance with the law; (2) Engages in production and business activities in Shenzhen City, and has a stable office space in Shenzhen City; (3) ) Carry out intellectual property training within the administrative area of Shenzhen City, or organize and carry out intellectual property training online for Shenzhen enterprises, institutions, relevant practitioners, and the public. The topics of the training should be the creation, use, and use of domestic and foreign intellectual property rights. Projects related to protection, management, services and other aspects that meet the requirements of the list of key topics for course training issued by the Shenzhen Intellectual Property Administration will be given priority; (4) If the training has been completed, the completion time should be after January 1 of the previous year ; If the training project is being implemented or planned, the applicant must have a team of professionals to organize intellectual property training activities, relevant work capabilities and other necessary conditions for the activity, and promise to complete the training plan within the prescribed time limit; (5) Training It is non-profit in nature and is provided free of charge to enterprises and institutions in Shenzhen and the relevant public.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Related materials for training teachers; (4) If the training has been completed, training activities need to be submitted Summary (including training purpose, object, content, effect, etc.), relevant materials (public training notice, sign-in form that meets training class time and number requirements, training work summary signed by the training instructor, instructor's labor fee payment voucher, training site photos, etc.) and an audit report on training expenses issued by a third-party institution in accordance with the law; (5) If the training is being implemented or planned, a work plan, a curriculum plan, a team of professionals with the ability to organize intellectual property training activities, and relevant work capabilities and activities must be provided and other relevant materials necessary for development.
Article 29 Implement intellectual property awareness raising project funding to publicize, promote and popularize Shenzhen’s intellectual property creation, use, protection, management, services and other fields to enhance the intellectual property awareness of the whole society. The funding standards are: no more than 15 projects will be selected each year, and funding for each project will not exceed 1 million yuan based on actual expenditure costs. The total annual funding for this project shall not exceed 6 million yuan.
Applicants should meet the following conditions at the same time: (1) The applicant belongs to an enterprise, institution, social organization or other institution registered in accordance with the law; (2) The project theme should be Shenzhen’s intellectual property work and achievements, including but not limited to publicity and promotion. , production and promotion of public service advertisements, interpretation of major policy publicity, in-depth coverage of hot issues or theme activities, etc.; projects that meet the requirements of the annual list of key topics for awareness raising issued by the Shenzhen Intellectual Property Administration will be given priority; (3) projects that have been completed , the completion time should be after January 1 of the previous year; if the project is being implemented or planned, the applicant must have a team of professionals to organize publicity activities, relevant work capabilities and other necessary conditions for the activity, and promise to complete the project within the specified period. Complete project plan within time.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) If the project has been completed, relevant work summary materials (including publicity purpose, significance, methods, activity introduction, publicity results and related links, etc.) and an audit report on activity expenditure costs issued by a third-party agency in accordance with the law; (4) If the project is not completed, a team of professionals with the ability to organize publicity activities, relevant work capabilities and activity implementation must be submitted Other necessary relevant materials and activity plans.
Section 5 Improvement of Intellectual Property Service Capabilities
Article 30 Implement the introduction of funding from domestic and foreign high-end intellectual property service agencies. The funding standards are as follows: no more than 2 foreign high-end intellectual property service institutions will be funded each year, each with a subsidy of 500,000 yuan; no more than 3 domestic high-end intellectual property service organizations will be funded each year, each with a subsidy of 200,000 yuan.
To introduce foreign institutions, this project should be applied for by the operating entity, branch or subsidiary established by the foreign institution in Shenzhen. The applicant should meet the following conditions at the same time: (1) The introduced foreign institution belongs to the knowledge registered in accordance with the law abroad. A property rights service agency, and the agency has been established for more than 5 years; (2) If the introduced agency is a foreign patent agency, it should apply to the State Intellectual Property Office and obtain a license from the foreign patent agency to establish a permanent representative office in China; (3) The introduced foreign institution has more than 50 intellectual property professional staff; (4) The introduced foreign institution has more than 10 successful cases of intellectual property operations, patent invalidation, patent reexamination, etc. in the previous year; or it acted as an agent for intellectual property litigation in the previous year The number of cases concluded has reached more than 20; or it has provided intellectual property business services to at least 2 Fortune 500 companies; (5) It has established a stable workplace in Shenzhen and has a stable work team, and it has been established for more than 6 months; (5) 6) There should be no less than 5 professional intellectual property staff stationed in Shenzhen; (7) Provide intellectual property services to Shenzhen enterprises. The working team based in Shenzhen last year was in good operating condition and had strong ability to export intellectual property services. .
If a domestic institution is introduced, the project should be applied for by the operating entity, branch or subsidiary established by the domestic institution in Shenzhen. The applicant should meet the following conditions at the same time: (1) The domestic institution being introduced is outside the administrative area of Shenzhen City in accordance with the law. A registered domestic intellectual property service agency with a registration time of more than 5 years; (2) The introduced domestic institution has more than 20 patent agents or lawyers; (3) The introduced domestic institution has intellectual property operations and invalid patents in the previous year There are more than 10 successful cases of patent reexamination and other business; or the number of intellectual property litigation cases concluded last year was more than 20; or it has provided intellectual property business services for at least 2 Fortune 500 companies; (4) Establishing a stable office in Shenzhen Work place and have a stable work team, established for more than 6 months; (5) More than 5 patent agents or lawyers resident in Shenzhen; (6) Provide intellectual property services to Shenzhen enterprises, resident in Shenzhen in the previous year The work team is doing well.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) List of personnel of domestic and foreign institutions and institutions in Shenzhen and relevant qualification materials; (4) Summary of the intellectual property business situation of the previous year and related materials, including but not limited to operating contracts, litigation judgment documents, mediation documents, invalidity review decisions, and intellectual property service contracts; (5) Relevant materials for establishing a stable workplace in Shenzhen; (6) ) Relevant materials indicating that the working team based in Shenzhen provided intellectual property services to Shenzhen enterprises in the previous year and was in good operating condition; (7) If the introduced institution is a foreign patent agency, it must provide the approval of the State Intellectual Property Office to establish a permanent office in China Relevant materials from representative organizations.
Article 31 Implement incentives for improving the capabilities of intellectual property service agencies. The reward standard is: no more than 10 companies will be selected each year, and each company will be awarded 200,000 yuan.
The applicant shall meet the following conditions at the same time: (1) The applicant is an intellectual property service organization registered in accordance with the law, engaged in production and business activities in Shenzhen, and has a stable office space in Shenzhen; (2) Engaged in intellectual property-related matters in Shenzhen Service business activities, providing intellectual property services to enterprises, institutions, other institutions or individuals in Shenzhen; (3) having more than 10 patent agents or lawyers; (4) acting as agent for intellectual property license transfer, patent invalidation, patent reexamination, There are more than 5 business cases such as patent litigation; or have provided intellectual property business services for at least 2 Fortune 500 companies; or the number of invention patent authorizations in the previous year has reached more than 100, and the invention patent authorization rate in the previous year was not less than 60%; or independently carried out operational business in the areas of intellectual property evaluation, licensing, transfer, trading, investment and financing, industrialization, pricing of shares, or integrated operation of patent pools in the previous year, and achieved good results; (5) Operating conditions were good in the previous year , resulting in better economic benefits.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Knowledge provided by the applicant to Shenzhen enterprises, institutions, other institutions or individuals in the previous year List of property rights services; (4) List of professional staff, social security-related materials and corresponding qualification materials; (5) Intellectual property business-related materials, including but not limited to operating contracts, litigation judgment documents, invalidity review decisions, intellectual property service contracts, Agency authorized patent list, invention patent agency authorization rate related information, etc.; (6) Related materials regarding good operating conditions in the previous year and good economic benefits.
Article 32 Implementation of Shenzhen Trademark and Brand Guidance Station Cultivation Funding. The funding standards are: no more than 5 Shenzhen Trademark and Brand Guidance Station cultivation projects will be selected each year. Each company will be funded according to its actual expenditure cost in the previous year. Each funding will not exceed 200,000 yuan. The total annual funding for this project will not exceed 1 million yuan. .
The applicant shall meet the following conditions at the same time: (1) The applicant belongs to an enterprise, institution, social organization or other institution registered in accordance with the law, and provides trademark and brand guidance and services in Shenzhen; (2) Has a stable workplace in Shenzhen, equipped with trademark There are more than 2 full-time staff for brand guidance services, and relevant work specifications have been formulated; (3) Formulating a long-term work plan for the trademark and brand guidance station and carrying out corresponding implementation work; (4) Actively helping Shenzhen enterprises establish or improve the trademark management system in the previous year , provide reference information and professional opinions on trademark registration, renewal, use, exclusive rights protection, etc., and actively carry out Shenzhen regional trademark brand publicity and promotion activities and trademark brand training; if you apply for funding to carry out trademark rights protection services, the same matter It is not allowed to apply for funding for similar projects such as Industrial Intellectual Property Alliance, Improvement of Domestic Intellectual Property Rights Protection Capabilities, and Improvement of Overseas Intellectual Property Rights Protection Capabilities; (5) It has not received funding stipulated in this article in the past 2 years.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials, enterprises can be exempted from submitting business licenses; (3) Team personnel information, work procedures and business specifications related materials; (4) Work plan and actual operations, relevant materials such as the annual expenditure audit report of the guidance station issued by a third-party agency in accordance with the law; (5) Provide guidance and services, and carry out trademark and brand publicity and promotion activities, trademark brand training and other related materials.
Article 33 Implement funding for the construction of an intellectual property public service system. Increase support for Shenzhen’s intellectual property public services, strengthen basic research, improve the level of standardization, informatization, and intelligence, encourage enterprises, institutions, social organizations, or other institutions to research, develop, and provide Shenzhen’s intellectual property public service products, and research Improve the standards of intellectual property public services, cultivate intellectual property public service talents in Shenzhen, introduce and standardize the use of intellectual property data resources, and provide funding for ongoing or completed public service projects.
Funding directions are as follows:
(1) Innovative research and construction of public service systems and mechanisms such as intellectual property information services, technical support, basic research, social surveys, and management standards, including follow-up research on key, difficult and hot issues, analysis of typical events, and research on important data statistical models Formulate, social survey and analysis of important business trends and data; (2) Establish, construct or operate and maintain intellectual property information public service outlets, technology and innovation support centers or national intellectual property rights in universities in key parks, universities or scientific research institutes in Shenzhen The Information Service Center promotes the dissemination and utilization of intellectual property information to Shenzhen’s innovation entities and transformation and application entities; (3) Provides free business consultation, query and retrieval, dynamic monitoring, and research to Shenzhen’s industries, enterprises, universities, governments, and the general public. Analysis, decision support and other information services or data services.
The funding standards are: if it falls under the first funding direction stipulated in the preceding paragraph, each item shall be funded based on actual expenditures, not exceeding 500,000 yuan; if it falls under the second and third funding directions stipulated in the preceding paragraph, each item shall be based on actual expenditures The cost subsidy shall not exceed 1 million yuan. The total annual funding for this project shall not exceed 7 million yuan.
The applicant shall meet the following conditions at the same time: (1) The applicant belongs to an enterprise, institution, social organization or other institution registered in accordance with the law, and has professional talents and teams engaged in intellectual property public services; (2) Engages in production and business activities in Shenzhen City , and has a stable office space in Shenzhen; (3) If the project has been completed, the completion time should be after January 1 of the previous year; if the project is being implemented, a team of professionals engaged in intellectual property public services and related work must be available capabilities and other necessary conditions for the development of activities; (4) Regarding the funding direction mentioned in the first paragraph of paragraph 2 of this article, the applicant agrees that the part of the project results that does not involve commercial secrets will be disclosed to the public by government departments and used by others for free; ( 5) For the funding directions mentioned in the second and third items of paragraph 2 of this article, the applicant has obtained the necessary intellectual property data resources, has the corresponding public service capabilities, and the project results are obvious.
Applicants should submit the following materials: (1) Application form; (2) Applicant qualification materials. Enterprises can be exempted from submitting a business license; (3) If the project has been completed, project results must be submitted. If the project is being implemented, relevant materials such as project content, project progress, phased results, and budget plans must be submitted, as well as relevant materials including a team of professionals engaged in intellectual property public services, relevant work capabilities, and other necessary conditions for the implementation of activities.
Chapter 3 Organization, Supervision and Management
Article 34 The acceptance, review and fund allocation of funding and award projects under the approval system shall follow the following procedures:
(1) The Shenzhen Municipal Intellectual Property Competent Department regularly issues application guidelines (notices). If there is no clear explanation in these regulations, it will be clarified in detail by the application guide; (2) The Shenzhen Municipal Intellectual Property Competent Department will accept and initially review the application materials. If the application materials are incomplete, they will be supplemented and corrected within a time limit; the applicant should make supplements and corrections as required. If the materials are not supplemented on time or the supplemented materials do not meet the requirements, the verification will not be approved; (3) During the review process, it is found that the applicant may have abnormal patent applications If the situation arises, the funding or reward review can be suspended and investigation procedures can be carried out in accordance with laws and regulations; (4) If the conditions are met after review, the Shenzhen Municipal Intellectual Property Department shall notify the applicant to go through the payment procedures after the municipal finance department releases the budget. Those who fail to collect funds as required by the notice will be deemed to have automatically given up their qualifications for funding and awards.
Articles 7, 8, 12, 15, 16, 17, 21, 23, 24, and 2 of these Regulations The approval system applies to Articles 16 and 27, and the review system applies to other projects.
Project funds based on the review system of this procedure will be given priority to strategic emerging industry clusters and future industries and their service systems.
Projects carrying out the "Enjoy without Application" reform, which simplify the special fund business process and submit materials in order to facilitate applicants to handle business, are not subject to the relevant provisions of these regulations. The specific plan will be separately stipulated by the Shenzhen Intellectual Property Administration.
Article 35 The acceptance, review, management and fund allocation of projects funded and rewarded under the review system shall follow the following procedures:
(1) The Shenzhen Municipal Intellectual Property Competent Department issues annual project application guidelines (notices) based on the intellectual property work goals of the year; (2) The Shenzhen Municipal Intellectual Property Competent Department accepts and initially reviews the application materials. If the application materials are incomplete, they will be supplemented and corrected within a time limit. ; The applicant should make supplements and corrections as required. If the materials are not supplemented or corrected as required or the supplemented materials fail to pass the review, no funding or reward will be given; (3) After the application project is passed through the preliminary review, the Shenzhen Intellectual Property Competent Department shall, in accordance with the Shenzhen Intellectual Property Experts According to the relevant management measures of the database, more than 7 odd-numbered experts will be selected from the intellectual property expert database to conduct a unified review of the application projects, and conduct on-site inspection and evaluation of the relevant application projects based on actual work needs; (4) Shenzhen Intellectual Property Competent Department Based on the review opinions of the expert group, a special fund funding or reward project plan is proposed, which will be announced to the public after collective research and decision-making. The publicity time will be no less than 5 working days; (5) If there is no objection or the objection is not established after the publicity, the public announcement will be made based on the publicity results. Relevant stipulated procedures shall be followed for handling fiscal fund budget applications and fund allocations; (6) For ongoing funded projects with project work tasks, a funding project contract shall be signed, and funding funds shall be allocated in accordance with the contract.
Article 36 If the total amount of funding (rewards) that should be funded after review of a project exceeds the annual budget limit of the corresponding project, the actual funding (rewards) will be determined by dividing the corresponding budget amount by the total amount of funding (rewards). amount.
Article 37 If the applicant has any of the following circumstances, funding will not be granted:
(1) Failure to comply with the relevant requirements of relevant laws and regulations, special fund management measures, and special fund operating procedures; (2) After consulting the Shenzhen Credit Network, being included in the list of seriously untrustworthy entities in accordance with laws and regulations; (3) The applied project has been Received similar funding or awards at the municipal level; (4) The applicant has disappeared or entered bankruptcy liquidation procedures.
Article 38: In-process funding projects shall be managed under a contract system. The contract clearly clarifies the project tasks, acceptance requirements, completion time limit, performance goals, etc. The project unit shall complete relevant contract tasks as required, and cooperate with the Shenzhen Municipal Intellectual Property Authority, the financial department, the supervisory authority, the audit department and the entrusted third-party audit agency to complete relevant project performance evaluation, statistics, supervision, inspection, and audit work, and Attend training meetings and other events. For projects with a contract funding amount of more than 500,000 yuan, the Shenzhen Intellectual Property Competent Department may select more than 5 odd-numbered experts from the Intellectual Property Expert Database to carry out the project based on actual needs and in accordance with the relevant management measures of the Shenzhen Intellectual Property Expert Database. Acceptance review, or hiring a third-party audit agency or professional organization to conduct special verification or audit acceptance. If the project fails the acceptance inspection, the Shenzhen Municipal Intellectual Property Administration will urge the project undertaking unit to make rectifications within a time limit according to the contract requirements. If the project still fails to meet the contract acceptance requirements after rectification, it will be held accountable in accordance with the contract.
Articles 13, 18, 25, 28, 29, and 33 of these regulations include in-process and ex-post funding, and other projects adopt ex-post funding.
Article 39 The applicant shall be responsible for the authenticity, legality and validity of the submitted application materials. If the applicant uses false materials or other improper behaviors to defraud, obtain, falsely report, falsely claim, withhold, misappropriate special funds, or violates other financial disciplines, he or she shall be dealt with in accordance with relevant regulations; if the circumstances are serious, the applicant shall be transferred to the relevant authorities in accordance with relevant national laws and regulations. Department processing.
Article 40 If an entrusted third-party audit agency or professional institution commits fraud, conceals the truth, or colludes with the funded unit to cheat and issue relevant reports during the audit or verification process, it shall be held accountable in accordance with relevant regulations.
Article 41 Special fund management staff shall not participate in applications for special fund funding and award projects. Special fund management staff who violate the relevant provisions of these Regulations and engage in abuse of power, dereliction of duty, malpractice for personal gain or other disciplinary and illegal conduct shall be held accountable in accordance with relevant provisions.
Article 42 If an evaluation expert violates the relevant provisions of these regulations, professional ethics, etc., abuses his power or engages in malpractice for personal gain during the evaluation and acceptance work, he shall be held accountable in accordance with relevant regulations.
Chapter 4 Supplementary Provisions
Article 43 The terms “above”, “within” and “not exceeding” mentioned in these regulations include the original number.
Unless otherwise specified, the “previous year” referred to in these regulations refers to the natural year preceding the natural year in which the special fund application deadline is located.
This provision applies to the "Operation Rules for Special Funds in the Field of Intellectual Property of the Shenzhen Municipal Administration for Market Regulation" (Shenzhen Market Regulation [2022] No. 10).
Article 44 Unless otherwise specified, the applicant’s relevant information referred to in these Regulations shall be based on the rights holder’s name (name), address, date, agent on the patent certificate, trademark registration certificate, copyright registration certificate and patent authorization announcement text. Information about institutions, agents, etc. shall prevail.
The licensing and transfer of intellectual property rights referred to in these regulations do not include mutual licenses and transfers within group companies or between affiliated companies.
Article 45 For projects under the approval system stipulated in these regulations, there are no special provisions in these regulations, and the intellectual property rights are shared by multiple parties, the application shall be filed by the first-order right holder.
Article 46 The Shenzhen Municipal Intellectual Property Administration is responsible for interpreting these regulations.
Article 47 These Regulations shall come into effect on the day of the year and shall be valid for five years. The "Operating Rules for Special Funds in the Field of Intellectual Property of the Shenzhen Municipal Administration for Market Regulation" (Shenzhen Supervisory Regulations [2022] No. 10) are abolished at the same time, and the relevant special fund applications, acceptance, review, evaluation, budget management, contract management, and Fund allocation and other work can be completed according to the original regulations.
Attachment 2:
Revision Notes on the Operating Procedures for Special Funds in the Field of Intellectual Property of the Shenzhen Municipal Administration for Market Regulation (Revised Draft for Comments)
According to the relevant requirements of the "Notice of the State Intellectual Property Office on Issuing the Annual Work Guidelines for Promoting High-quality Development of Intellectual Property (2022)" (Guozhifayunzi [2022] No. 15) and the "Special Fund Management Measures of the Shenzhen Municipal Administration for Market Regulation" ” (Shenzhen Supervisory Regulations [2020] No. 3), our bureau organized the revision of the "Shenzhen Municipal Administration for Market Regulation Special Fund Operation Procedures in the Field of Intellectual Property" (Shenzhen Supervisory Regulations [2022] No. 10). After extensive preliminary investigation and research, the "Shenzhen Municipal Administration for Market Regulation Special Fund Operation Procedures in the Field of Intellectual Property (Revised Draft for Comments)" (hereinafter referred to as the "Revised Draft for Comments") was formed. The revisions are now explained as follows:
1. Revision background
The "Notice of the State Intellectual Property Office on Issuing the "Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property (2022)"" issued on March 16, 2022 (Guozhifayunzi [2022] No. 15) is attached with the "Promoting Knowledge in 2022" Part 3 of the "Task List for the High-Quality Development of Intellectual Property Rights", Point 5 of "Promoting the Quality of Intellectual Property Creation", "Promoting the High-Quality Creation of Intellectual Property Rights" proposes, "Strive to completely cancel all types of financial subsidies for patent authorization by the end of 2023, and focus on increasing "Support for subsequent transformation and application, administrative protection and public services", and listed this task measure as a must-do for the construction of a national intellectual property strong city demonstration city (including Shenzhen). In order to implement the relevant work requirements of the State Intellectual Property Office and effectively promote the high-quality development of Shenzhen's intellectual property work, our office will launch the revision of the special intellectual property fund policy in 2023. Based on the current policy and after preliminary research and demonstration, the "Revision Solicitation" was formed. Opinion Draft".
2. Main content changes
The "Revised Draft for Comments" is revised on the basis of the "Operation Rules for Special Funds in the Field of Intellectual Property of the Shenzhen Municipal Administration for Market Regulation" (Shenzhen Market Supervision Administration [2022] No. 10). It has four chapters, namely general principles, conditions and standards, and application materials. , organization and management, supplementary provisions, the full text has a total of forty-seven articles. The main changes are as follows: First, implement the work requirements of the relevant documents of the State Intellectual Property Office on "completely canceling all types of financial assistance for patent authorization by the end of 2023" and cancel the "Shenzhen Municipal Administration for Market Regulation Special Fund Operation Procedures in the Field of Intellectual Property" (Shenzhen Supervisory Regulations [2022] No. 10) Article 6 (Domestic invention patent authorization funding), Article 7 (Foreign invention patent authorization funding). The second is to implement the strategic deployment of the municipal party committee and the municipal government on the development and expansion of the "20+8" key industrial clusters, and clearly limit the scope of funding support to the "20+8" industries in key projects such as intellectual property securitization; the third is to continue to increase support for The support for key tasks such as high-value patent cultivation layout, overseas intellectual property rights protection, and intellectual property finance will effectively improve the efficiency of the use of special intellectual property funds. The fourth is to optimize the expression of individual clauses, further refine and clarify the meaning of relevant expressions, and make specific clarification and optimization adjustments to practical details such as the time limit for acceptance and the connection between new and old policies, so as to improve the clarity and standardization of the policy operation level.
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