The first batch of pilot provinces and cities in the country to conduct hierarchical and classified supervision based on credit summarized their work experience - focusing on improving the efficiency of credit supervision of intellectual property rights-Industry News-Shenzhen deep trust patent Agency Co., LTD

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The first batch of pilot provinces and cities in the country to conduct hierarchical and classified supervision based on credit summarized their work experience - focusing on improving the efficiency of credit supervision of intellectual property rights

Release Time：

2022-05-27

Recently, 12 provincial and municipal intellectual property offices including Beijing, Shanghai, Jiangsu, Zhejiang, Anhui, and Fujian passed the inspection and acceptance of the State Intellectual Property Office, becoming the first batch of credit-based pilot provinces and cities for hierarchical and classified supervision in the country. The concept of "credit-based hierarchical and classified supervision" comes from the "Guiding Opinions on Accelerating the Construction of the Social Credit System and Building a New Credit-based Supervision Mechanism" issued by the General Office of the State Council in July 2019 (hereinafter referred to as " Opinion"). The new credit-based regulatory mechanism adopts differentiated regulatory measures based on the credit status of market entities, aiming to "no disturbance" to those who are honest and law-abiding, and to "hang a sharp sword high" for those who break the law and dishonesty. Pilot work in the field of intellectual property has been promoted since 2020. The goal is to strengthen the construction of the intellectual property credit system in the pilot areas and establish scientific and reasonable classification indicators...

The concept of "credit-based hierarchical and classified supervision" comes from the "Guiding Opinions on Accelerating the Construction of the Social Credit System and Building a New Credit-based Supervision Mechanism" issued by the General Office of the State Council in July 2019 (hereinafter referred to as " Opinion"). The new credit-based regulatory mechanism adopts differentiated regulatory measures based on the credit status of market entities, aiming to "no disturbance" to those who are honest and law-abiding, and to "hang a sharp sword high" for those who break the law and dishonesty. Pilot work in the field of intellectual property has been promoted since 2020. The goal is to strengthen the construction of the credit system for intellectual property in pilot areas, establish scientific and reasonable classification indicators, record credit information in the field of intellectual property, and improve the credit supervision mechanism for classification.

During the construction of the first batch of pilot projects, the acceptance results of the pilot work of the intellectual property offices of six provinces and cities including Sichuan were excellent. Each locality focused on local characteristics and the actual situation of intellectual property work, and summarized a batch of work experience that can be replicated and promoted, which will bring useful reference to the second batch of pilot projects under construction and other provinces and cities.

Improve system construction and promote basic research

Based on the concept of "credit-based hierarchical and classified supervision", the field of intellectual property regards "classification and classification" as the key point in solving problems. In the administrative inspection of patent agencies, the Beijing Intellectual Property Office will explore and carry out work based on the credit rating of the inspected patent agencies. For those with good credit, they will conduct random inspections at a rate of 24% throughout the year, and for those with operating abnormalities, they will conduct inspections at a rate of 100%. Special inspections and administrative guidance will be carried out in proportion to the number of patent agencies, and key supervision will be carried out on intellectual property service agencies that have received administrative penalties from patent agencies in the past three years.

The Shanghai Intellectual Property Office has formulated an intellectual property credit standard system framework consisting of three parts: the basic layer, the general layer and the special layer. It has established the "Shanghai Intellectual Property Credit Standard System Detailed List" that incorporates nearly 50 standards, and has developed and released it. Several key standards of the system, including the "Intellectual Property Credit Grading Evaluation Guide", have completed the establishment of local standards and launched pilot applications.

Foshan City, Guangdong Province has formulated the "Intellectual Property Credit Risk Grading and Classification Supervision and Evaluation Model". Through the intellectual property credit evaluation model, the intellectual property credit risk status of enterprises is divided into 4 levels, and regulatory measures and graded early warnings corresponding to different levels are provided. In addition, Jiangsu issued the "Jiangsu Province Credit Classification and Supervision Standards in the Field of Intellectual Property (Trial)". Hubei has formulated a hierarchical and classified supervision indicator system for enterprises in the field of intellectual property on the basis of a general enterprise credit risk classification indicator system and combined with expertise in the field of intellectual property.

Based on local characteristics and actively explore new roads

In addition to basic research, many places have innovated and developed intellectual property credit supervision work models with local characteristics based on the characteristics of local industries.

Zhejiang is a major e-commerce province, and its e-commerce scale efficiency continues to be at the forefront of the country. In the pilot work, the Zhejiang Provincial Intellectual Property Office took the lead in building an intellectual property credit risk assessment model for e-commerce platforms, establishing 2 first-level indicators, 5 second-level indicators, 10 third-level indicators, and 25 risk indicators, including credit ability and credit quality. Risk monitoring and early warning indicator system for observation points.

During the "14th Five-Year Plan" period, Fujian Province actively built a financial support for technological innovation system, supported banking institutions in issuing medium- and long-term technology research and development loans pledged with intellectual property rights to technology enterprises, and increased investment in research on intellectual property pledge financing tools and model innovation. and financial discount support. In the pilot work, the Fujian Provincial Intellectual Property Office promoted the establishment of the "Zhi Credit" intellectual property credit data evaluation model, selected representative enterprises to conduct a comprehensive evaluation of intellectual property credit, and used the enterprise's intellectual property credit status as a reference indicator for pledge financing. According to Intellectual property credit evaluation scores give different loan credit lines. Expand collaborative protection and form joint efforts

In accordance with the spirit of the "Opinions", the National Credit Information Sharing Platform continues to strengthen collaboration with relevant departments. The Sichuan Intellectual Property Office has formed a credit supervision linkage model of “front-end early warning, mid-end classification, and back-end joint punishment”. The front-end strengthens the investigation of case clues such as abnormal trademark registration applications and abnormal patent applications; in the middle-end, according to the "Sichuan Provincial Credit Grading and Classification Supervision Methods in the Field of Intellectual Property", the system is automatically divided into four levels: A, B, C, and D. The Sichuan Provincial Government Department Information Sharing and Supervision Collaboration Platform realizes regular push from the intellectual property management system of the market supervision department to comprehensive service platforms such as the Sichuan Provincial Integrated Government Service Platform and the Government Information Resource Sharing and Exchange Platform for exchange between provincial departments. , shared use; the back-end performs classified management based on the company's credit rating, combined with "double random, one public" spot checks, special fund declaration and other work. Information sharing is the basis for implementing credit supervision. Shanghai, Jiangsu, Zhejiang and Anhui have innovated working models in inter-provincial (municipal) cooperation. The four provinces and cities jointly signed the "Framework Agreement on Promoting Credit Integration in the Field of Intellectual Property" to promote the exchange of credit supervision information and the sharing of credit supervision experience and results. In accordance with the spirit of the agreement, the intellectual property offices of the four provinces and cities cooperated closely to jointly explore and establish an information sharing mechanism for intellectual property agencies, strengthen joint supervision of intellectual property agencies, and promote mutual learning and sharing of credit supervision experience and results.

"At present, the second batch of credit-based hierarchical and classified supervision pilot projects has begun. In addition to the intellectual property management departments of seven provinces, regions, and cities including Hebei, Liaoning, Jilin, Shandong, Chongqing, Shaanxi, and Xinjiang, There are also 12 municipal intellectual property management departments, including Zhengzhou and Luohe in Henan, Liuzhou in Guangxi, Guiyang in Guizhou, Hangzhou and Taizhou in Zhejiang, Fuzhou and Xiamen in Fujian, Guangzhou and Huizhou in Guangdong, and Haikou in Hainan, etc. to continue to promote pilot work." State Intellectual Property Office Intellectual Property The relevant person in charge of the Department of Conservation said, “The first batch of pilot places actively explored and had the courage to practice, and the replicable and promoteable work models and cases formed have laid a good foundation for the in-depth advancement of the second batch of pilot work and will promote the second batch of pilot work. The second batch of pilots and even the national intellectual property credit operating mechanism have been further improved, the policy environment has been further improved, and it has been organically integrated with the local social credit system, providing effective guarantees for improving the level of intellectual property protection and optimizing the business environment." (Source: China Intellectual Property Information Network. )

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