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• [Text Interpretation] Policy Interpretation of the "Operating Rules for Special Funds in the Field of Intellectual Property of Shenzhen Municipal Administration for Market Regulation"

Shenzhen Municipal Supervisory Regulations [2022] No. 10

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In order to promote the high-quality development of intellectual property rights in Shenzhen, 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 "Regulations on the Protection of Intellectual Property Rights in Shenzhen Special Economic Zones" Shenzhen Municipal Financial Special Funds Management Measures" (Shenzhen Regulations [2018] No. 12), "Shenzhen Market Supervision and Administration Special Funds Management Measures" (Shenzhen Supervision Regulations [2020] No. 3) and other regulations, our bureau has formulated the " The "Operation Rules for Special Funds in the Field of Intellectual Property of the Shenzhen Municipal Administration for Market Regulation" have been reviewed and approved by the Municipal Bureau of Justice and are now issued. Please comply with them.

Shenzhen Municipal Administration for Market Regulation

November 4, 2022

Operating Procedures for Special Funds in the Field of Intellectual Property of Shenzhen Municipal Administration for Market Regulation

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 adheres to the principles of "openness, fairness and impartiality", abides by relevant national, provincial and municipal laws and regulations and financial management systems, and implements "voluntary declaration, expert review, social publicity, scientific decision-making, and performance evaluation" Management model, funding and reward funds are mainly used to strengthen the creation, application, protection, management and service of intellectual property rights in Shenzhen.

Article 4 Special funds are mainly used to fund or reward the following aspects:

(1) Improvement of the quality of intellectual property creation;

(2) Improvement of intellectual property utilization capabilities;

(3) Improvement of intellectual property protection capabilities;

(4) Intellectual property publicity, education and training;

(5) Improvement of intellectual property service capabilities;

(6) Implement the key tasks of the municipal party committee and the municipal government in the field of intellectual property and other work projects that are undertaken by the local government in accordance with the clear requirements of the national and provincial authorities.

Chapter 2 Conditions, Standards and Application Materials

Section 1 Improving the Quality of Intellectual Property Creation

Article 5 Applicants applying for funding and awards 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 funding or awards shall be directed to Shenzhen City ( Including Shenzhen-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 domestic invention patent authorization funding.The subsidy standard is: Applicants who have obtained domestic (including Hong Kong, Macao and Taiwan) invention patent authorization will receive a subsidy of 1,500 yuan for each patent. Applicants are individuals, and no more than 5 projects can be funded each year. Patents that have been approved by the State Intellectual Property Office to reduce the application fee or substantive examination fee will not be funded.

Applicants should submit the following materials:

(1) Application form;

(2) List of invention patents;

(3) The applicant’s subject qualification materials, the enterprise can be exempted from submitting this material.

Article 7 Implementation of foreign invention patent authorization funding. Funding standards are as follows:

(1) If the applicant obtains an invention patent authorization from the European Patent Office, a one-time subsidy of 17,000 yuan will be provided for each patent;

(2) If the applicant obtains an invention patent authorization from the United States Patent and Trademark Office or the Japan Intellectual Property Office, a one-time subsidy of 4,500 yuan will be provided for each patent;

(3) If the applicant obtains an invention patent authorization from the Korean Intellectual Property Office, a one-time subsidy of 1,700 yuan will be provided for each patent;

(4) If the applicant obtains an invention patent authorization from the British Patent Office, a one-time subsidy of 1,100 yuan will be provided for each patent.

The application amount funded by this article shall not exceed 50% of the official fee paid to obtain patent rights for the relevant patent. The annual funding for the same applicant shall not exceed 10 million yuan. The applicant is an individual, and the annual subsidy does not exceed 100,000 yuan.

Applicants should submit the following materials:

(1) Application form;

(2) List of invention patents;

(3) A letter of commitment that the application amount shall not exceed 50% of the official fees paid to obtain patent rights for the relevant patent;

(4) The applicant’s subject qualification materials, the enterprise can be exempted from submitting this material.

Article 8 Implement incentives to promote the cultivation of high-value and high-quality 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) Belonging to enterprises, institutions, colleges and universities, scientific research institutions, social organizations or other institutions registered in accordance with the law;

(2) Actively and continuously carry out the cultivation of high-value and high-quality patents, continuously improve the market-oriented creation, application and protection mechanism of high-value and high-quality patents, and effectively promote the development of high-value and high-quality cultivation in Shenzhen;

(3) The applicant actively implements Shenzhen’s “14th Five-Year Plan” for intellectual property protection and utilization, and achieves good results in the layout of invention patents in strategic emerging industries or future industries, and the layout of overseas invention patents;

(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;

(5) Has not received any reward stipulated in this article in the past three years.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Other relevant materials that specifically and fully reflect that the applicant meets the above conditions.

　　Article 9 Funding after the implementation of intellectual property management standards and certification.The funding standards are as follows: A one-time grant of 10,000 yuan will be given to enterprises, universities, and scientific research organizations that have passed the national standard certification of "Intellectual Property Management Standards for Enterprises", "Intellectual Property Management Standards for Colleges and Universities" or "Intellectual Property Management Standards for Scientific Research Organizations". 。The total annual funding for this project shall not exceed 3 million yuan.

Applicants should meet the following conditions at the same time:

(1) Belong to an enterprise, institution of higher learning or scientific research organization registered in accordance with the law;

(2) The applicant has passed the certification of "Intellectual Property Management Standards for Enterprises", "Intellectual Property Management Standards for Colleges and Universities" or "Intellectual Property Management Standards for Scientific Research Organizations", and the certificate is valid;

(3) The applicant obtained the above certification during the period from January 1 to December 31 of the previous year before the funding application date;

(4) The applicant has not received municipal intellectual property management standards implementation certification funding.

Applicants should submit the following materials:

(1) Application form;

(2) The applicant’s subject qualification materials, the enterprise can be exempted from submitting this material;

(3) Certification certificates of "Intellectual Property Management Standards for Enterprises", "Intellectual Property Rights Management Standards for Colleges and Universities" or "Intellectual Property Management Standards for Scientific Research Organizations" and related materials regarding the validity of the certificates.

Article 10 Implement supporting rewards for intellectual property projects.The award criteria are as follows:

　　(1) Those who are awarded the China Patent Award will receive a one-time supporting reward of RMB 2 million for the Gold Award, a one-time supporting reward of RMB 500,000 for the Silver Award, and a one-time supporting reward of RMB 200,000 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 item;

(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 an application for supporting awards in the next year after receiving the award.

Applicants should submit the following materials:

(1) Application form;

(2) The applicant’s subject qualification materials, the enterprise can be exempted from submitting this material;

(3) Relevant documents regarding awards and qualifications obtained.

Section 2 Improvement of Intellectual Property Utilization Ability

Article 11 Implement funding for Shenzhen’s intellectual property advantageous units. The funding standards are: no more than 20 units with superior intellectual property rights in Shenzhen will be identified each year, and each will be given a one-time subsidy of 500,000 yuan.

Applicants should 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 been rated as a national intellectual property advantage demonstration unit or Guangdong provincial intellectual property demonstration enterprise. It has not been awarded this title. Article 12 of the Regulations: Funding for the cultivation of copyright innovation and development bases, Article 13: Funding for the cultivation of trademark and brand bases, Article 31: Awards for improving the capabilities of intellectual property service agencies, Article 32: Awards for intellectual property operating agencies, and the funding specified in this article. ;

(2) Engage in production and business activities in Shenzhen City, and have a stable office space in Shenzhen City;

(3) It has an intellectual property management department and full-time staff, and has established a relatively sound intellectual property management system;

(4) Have established an intellectual property information utilization mechanism, can skillfully use the patent information system to review and analyze patent documents, and achieve results;

(5) The number of patent authorizations, copyright registrations, or trademark registration approvals has continued to grow in the past two years;

(6) The use of intellectual property rights is effective, the intellectual property rights play a core supporting role in products (services), or the intellectual property rights have been implemented externally, or certain results have been achieved in the field of intellectual property finance;

(7) A complete intellectual property protection system has been established and effective measures have been taken to protect intellectual property rights;

(8) Investment in intellectual property work in the previous year (including intellectual property labor costs, intellectual property education and training, intellectual property informatization construction, intellectual property protection/rights protection, intellectual property application official fees and agency fees, intellectual property professional consulting, etc. expenses) account for more than 2% of R&D investment.

The funding in this article and the funding and awards stipulated in Articles 12, 13, 31 and 32 of these Regulations shall not be applied at the same time.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Materials related to the construction of the applicant’s intellectual property rules and regulations;

(4) Relevant materials on the effectiveness of work in various fields of intellectual property creation, application, and protection;

(5) Materials related to the effectiveness of the use of intellectual property information;

(6) Intellectual property investment audit report issued by a third-party institution in accordance with the law.

Article 12 Implement 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. The funding stipulated in this Article and Article 11 of these Regulations shall not be applied for at the same time.

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, registration time of more than 3 years and good operating conditions. The operating conditions of copyright-related industries in the previous year were good and produced good economic benefits;

(2) Engage in production and business activities in Shenzhen City, and have a stable office space in Shenzhen City;

(3) Have a sound copyright protection system, be equipped with full-time or part-time organizers responsible for copyright work, have a relatively complete copyright protection mechanism, and have promotion value throughout the city;

(4) Have the ability of independent innovation, focus on the creation, application, protection and management of copyright, have a demonstration effect in the field of creation, dissemination and use of works, the total number of copyright registrations is not less than 100, and the number of copyright registrations in the previous year increased by no less than the same period last year. less than 10%;

(5) Abide by laws and regulations, operate with integrity, do not produce, disseminate, or use infringing products, and promise that the software authenticity rate will reach 100%, and there will be no malicious infringement or piracy.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Copyright protection and management systems, and relevant materials of full-time or part-time organizers responsible for copyright work;

(4) Copyright registration certificate and list;

(5) Copyright creation, use, protection and management, as well as related materials that have a demonstration effect in the field of creation, dissemination and use of works;

(6) Letter of commitment and related materials to ensure that the software is 100% genuine;

(7) Copyright-related industries were in good operating conditions last year and produced relevant materials with good economic benefits.

Article 13 Implement Shenzhen Trademark and Brand Base Cultivation Funding. The funding standards are: support the development of Shenzhen's trademark and brand business, and carry out the cultivation and construction of Shenzhen's trademark and brand bases. No more than 5 companies will be selected each year, and each company will receive a one-time grant of 200,000 yuan. Those that have been rated as Shenzhen Intellectual Property Advantage Demonstration Units will not be repeatedly funded. The funding stipulated in this Article and Article 11 of these Regulations shall not be applied for at the same time.

Applicants should meet the following conditions at the same time:

(1) Enterprises and institutions that are carriers of Shenzhen’s trademark and brand base cultivation work are engaged in production and business activities in Shenzhen and have stable office space in Shenzhen;

(2) Have a high level of trademark and brand awareness, have established a trademark management system, have set up a trademark management agency, have been equipped with corresponding management personnel, and have more than 3 full-time trademark management personnel;

(3) The total number of trademark registrations is not less than 100, and the number of trademark registrations has continued to grow in the past three years;

(4) Invest no less than 1% of sales revenue each year in trademark and brand promotion work, and the trademark owned by the applicant has certain influence and popularity;

(5) Actively carry out trademark and brand operations. The operating conditions of trademark product-related industries last year were good and produced good economic benefits;

(6) Actively carry out trademark rights protection activities and actively organize trademark training activities.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Trademark management system and management personnel related materials;

(4) Trademark registration certificate and its list;

(5) Materials related to trademark, brand influence and popularity;

(6) An audit report issued by a third-party agency in accordance with the law stating that the funds used to carry out trademark and brand promotion work in the previous year were not less than 1% of sales revenue;

(7) Relevant materials for carrying out trademark rights protection activities and training activities;

(8) The operating conditions of trademark product-related industries were good last year and produced good economic benefits.

Article 14 Implementing funding for industrial intellectual property alliances. The funding standards are as follows: Funding will be provided to industrial intellectual property alliances that have been registered with the Shenzhen Municipal Intellectual Property Administration and are in line with Shenzhen’s industrial policy orientation. No more than 3 projects will be selected each year. Refer to the previous year. The actual cost of each subsidy 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 industries to which the alliance belongs are industries that are supported by key planning plans by Shenzhen Municipal Government and above;

(3) The alliance has been registered with the Shenzhen Intellectual Property Administration, has been established for more than 2 years and is operating well;

(4) The alliance has not received funding from this article in the past three years;

(5) The number of valid intellectual property rights (including patents, trademarks, copyrights, etc.) owned by alliance member units totals more than 100, and has continued to grow in the past two years;

(6) Last year, 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 were carried out, making positive contributions to the industrial development of Shenzhen City.

If you apply for funding to carry out patent transformation and utilization and intellectual property early warning analysis, the same matter cannot be applied for twice with funding for similar projects such as patent transformation 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’s main qualification materials;

(3) Materials related to alliance registration;

(4) Alliance Charter;

(5) Intellectual property ownership materials such as patent certificates, trademark certificates, copyright registration certificates, etc. of alliance member units;

(6) Relevant materials for carrying out intellectual property database construction, patent pool establishment, intellectual property licensing and transfer, intellectual property early warning analysis, intellectual property rights protection, etc.;

(7) Audit report on intellectual property work expenditure costs for the previous year issued by a third-party agency in accordance with the law.

Article 15 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 obtained a patent license or transfer from a domestic higher education institution or scientific research institute, and filed or registered it with the State Intellectual Property Office in accordance with the law, and its patent license filing or transfer registration time is from January 1 to December of the previous year During the 31st;

(3) The relevant patent rights are licensed or 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) Relevant contracts for patent licensing and transfer, as well as relevant materials such as the "Patent Implementation Licensing Contract Filing Certification" handled at the State Intellectual Property Office in accordance with the law, the "Procedure Qualification Notice" for patent transfer registration;

(4) Notes and bank receipts for the actual payment of patent licensing fees and transfer amounts.

Article 16 Funding for implementation of patent transformation and application docking activities. Encourage enterprises, institutions, social organizations and other institutions to carry out docking activities for the transformation and application of patented technologies and patented designs, and promote the transformation and application of patents from universities and scientific research institutions in small, medium and micro enterprises. 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 same applicant can apply for no more than 2 projects each 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, engages in production and business activities in Shenzhen and has a stable office space;

(2) Actively promote the transformation and utilization of patents in Shenzhen, and organize and carry out docking activities in Shenzhen for the transformation and utilization of patents for innovative achievements of universities and scientific research institutions targeting small, medium and micro enterprises in Shenzhen;

(3) The docking activities have led to relevant patent licensing or transfer projects and achieved good economic benefits or social effects, and the relevant patent licensing or transfer contracts have been registered with the State Intellectual Property Office in accordance with the law;

(4) The completion of the docking activity shall not exceed 1 year.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Materials related to the organization and implementation of patent transformation and application docking activities and the results achieved;

(4) An audit report on the cost of patent transformation and application docking activities issued by a third-party institution in accordance with the law.

Article 17 Funding for the implementation of patent navigation projects. The funding standards are: regional planning and industrial planning navigation. No more than 10 projects will be selected each year. Each project will be funded based on actual expenditure costs. The upper limit of funding will not exceed 500,000 yuan. For enterprise management, R&D activities, and talent management navigation categories, no more than 20 projects will be selected each year, and each project will be funded based on actual expenditure costs, with the upper limit of funding not exceeding 300,000 yuan. If the application of enterprise management navigation projects has obvious results and meets the conditions, within the actual expenditure cost of pre-export due diligence, risk warning and prevention and control work, an additional subsidy of no more than 200,000 yuan will be provided for each item. The same applicant is limited to one application per year. The total annual funding for this project shall not exceed 10 million yuan.

Applicants should meet the following conditions at the same time:

(1) It is an enterprise, institution, social organization or other institution registered in accordance with the law, actively implements Shenzhen’s “14th Five-Year Plan” for intellectual property protection and application, and achieves good results in patent navigation and application in Shenzhen;

(2) The project has been completed, and the completion time is after January 1 of the previous year on the funding application date;

(3) The project results have been released to the outside world, and the part that does not involve commercial secrets has been agreed to be disclosed to the public and used by others free of charge;

(4) If the enterprise operation navigation project has achieved obvious results and applies for additional funding, it must have completed early-stage intellectual property due diligence, risk warning and prevention and control for the export of relevant products or services based on the navigation results, and the applicant’s relevant products or services must be Export volume exceeds 10 million yuan.

If the navigation industry is included in the key plans of Shenzhen Municipality or the higher-level government, or is included in the annual key work directions of the Shenzhen Municipal Intellectual Property Administration Department, priority funding can be given.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Project reports and other result materials;

(4) Relevant materials for the external release of project results can be appended with materials on the effectiveness of the application of project results;

(5) Audit report on project-related expenditures issued by a third-party agency in accordance with the law;

(6) If the annual export volume of relevant products or services of the enterprise navigation project applicant exceeds 10 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 18 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 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 shall not exceed the financing amount. 3.5% of the scale, and the total annual subsidy for the same enterprise 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 is an enterprise registered in accordance with the law;

(2) As a pooled enterprise that participates in an intellectual property securitization project and obtains financing, when applying for the subsidy in this article, the loan contract has been completed as agreed, and the principal and interest have been repaid, and the principal and interest must be repaid in January of the previous year on the subsidy application date. From the 1st to December 31st;

(3) The same loan has not received loan subsidies for intellectual property securitization projects from other government departments in our city;

(4) 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-related materials such as the main 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;

(3) Loan settlement and other related materials issued by the lending financial institution;

(4) Relevant materials for intellectual property securitization product rating reports;

(5) Guarantee fee payment vouchers and bills, loan invoices, repayment documents, interest payment vouchers and bills and other related materials.

Article 19 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) Engage in production and business activities in Shenzhen City, and have a stable office space in Shenzhen City;

(3) Having 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) Applicant’s main qualification materials;

(3) Having professional talents and teams engaged in major intellectual property projects, as well as relevant materials that ensure other necessary conditions for the implementation of major special tasks.

Section 3 Improvement of intellectual property protection capabilities

Article 20 Implement funding for improving domestic intellectual property rights protection capabilities. Support enterprises to carry out domestic intellectual property rights protection. The funding standards are: each project is funded according to its actual expenditure cost, the funding ceiling does not exceed 500,000 yuan, the same applicant cannot be funded more than one project per year, and the total annual funding for this project does not exceed 5 million yuan Yuan.

If any of the following circumstances exist, funding will not be provided:

(1) The intellectual property rights involved in the project have received funding from this city’s intellectual property rights protection category;

(2) The project has obtained intellectual property insurance compensation;

(3) The relevant expenditures belong to the settlement fees used to pay for the settlement agreement in the project;

(4) The applicant is found to have committed infringement.

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 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 a valid judgment or arbitration award, or a settlement has been judicially confirmed by the people's court and has been completed;

(4) The completion of the intellectual property rights protection 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 improvement of the enterprise's intellectual property protection capabilities and rights protection level, has a reference role for related industries in Shenzhen, has certain reference significance for the formulation of Shenzhen's intellectual property protection policies, or has other important social significance and impact;

(6) Agree to disclose information, research results, rights protection experience, etc. related to rights protection projects to the public and make them available to others for free use without permission.

A project may include a single or multiple rights protection matters. If the rights are protected against different infringers with one ownership, or if the rights are protected with multiple ownerships, the application can be combined into one project.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Description of the establishment of the enterprise’s intellectual property protection system;

(4) Case progress description, case analysis report and other research results;

(5) Domestic rights protection expenditure cost audit report issued by a third-party institution in accordance with the law;

(6) Judgment documents, arbitration awards, settlement agreements and their execution and other materials;

(7) Materials such as evidence to respond and legal service contracts.

Article 21 Implement funding for improving overseas intellectual property rights protection capabilities. Support enterprises to "go global", enhance their awareness of actively carrying out overseas rights protection and actively respond to overseas disputes, and provide funding for overseas intellectual property rights protection projects carried out by enterprises (excluding US "337" investigation cases). 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 15 million yuan. The same applicant will not be funded more than once per year. If the rights protection project has received relevant intellectual property rights protection funding from this city, funding will not be granted, but this does not include the funding for projects to improve domestic intellectual property rights protection capabilities in Article 20 of these regulations.

If any of the following circumstances occurs, deductions shall be made:

(1) The rights protection project has obtained intellectual property insurance compensation;

(2) The settlement fees incurred in the rights protection project are used to pay for the settlement agreement.

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) Foreign-related intellectual property litigation actually occurs within 3 years from the date of application;

(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 project reflects the improvement of the enterprise's intellectual property protection capabilities and overseas rights protection level, has a reference value for related industries in Shenzhen, has certain reference significance for the formulation of Shenzhen's intellectual property protection policies, or has other important social significance and impact;

(6) Agree to disclose information, research results, rights protection experience, etc. related to overseas rights protection projects to the public and make them available to others for free use without permission.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Description of the establishment of the enterprise’s intellectual property protection system;

(4) Case progress description, case analysis report and other research results;

(5) Overseas rights protection expenditure cost audit report issued by a third-party institution in accordance with the law;

(6) Judgment documents, arbitration awards, settlement agreements and their execution and other materials;

(7) Materials such as evidence to respond and legal service contracts.

For foreign language materials, Chinese translations must be provided at the same time.

Article 22 Implement corporate intellectual property compliance review funding. Enhance the awareness of intellectual property compliance management of small, medium and micro enterprises and guide the conduct of intellectual property compliance review. The funding standard is: 50% of the actual cost of each project is funded, the upper limit of funding does not exceed 200,000 yuan, and the total annual funding for this project does not exceed 6 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, and actively implements Shenzhen’s “14th Five-Year Plan” for intellectual property protection and utilization;

(2) Have a relatively complete intellectual property compliance operation and management system, establish a compliance management organizational structure and operating mechanism, clarify intellectual property compliance objectives and management responsibilities, and form a compliance culture;

(3) Sort out the enterprise's intellectual property compliance status, develop countermeasures and plans for possible intellectual property compliance risks, and make effective rectifications, thereby improving the ability to identify, assess, control and handle intellectual property compliance risks;

(4) The project has a certain reference and guidance role for relevant industries in Shenzhen, or has other important social significance and impact;

(5) The project completion time is no more than 1 year from the application deadline;

(6) Has not received any funding stipulated in this article in the past three years.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Relevant materials that comply with the National Bureau of Statistics’ classification standards for small, medium and micro enterprises;

(4) Intellectual property compliance management system documents;

(5) Intellectual property compliance management status assessment report and rectification plan, implementation of intellectual property compliance management review and relevant materials on achieving results;

(6) An audit report on the expenditure and cost of conducting intellectual property compliance operations review issued by a third-party institution in accordance with the law.

Article 23 Implement funding to improve industrial intellectual property protection and governance capabilities. Encourage industry associations and chambers of commerce to establish intellectual property protection workstations, improve corresponding industry intellectual property protection systems and self-discipline mechanisms, and enhance industrial intellectual property protection and governance capabilities. The funding standard is: each project is funded based on 50% of the actual expenditure cost of the workstation in the previous year. The funding limit does not exceed 100,000 yuan. The total annual funding for this project does not exceed 5 million yuan, and no more than 50 companies are funded each year.

Applicants should meet the following conditions at the same time:

(1) The applicant belongs to an industry association or chamber of commerce registered in accordance with the law, has established an intellectual property protection workstation for more than one year, and has filed with the Shenzhen Municipal Intellectual Property Authority;

(2) Have a stable workplace in Shenzhen, and be equipped with more than 2 full-time or part-time staff responsible for intellectual property protection work, and the relevant work system is relatively complete;

(3) Earnestly implement relevant national, Guangdong Province, and Shenzhen municipal intellectual property protection policies, actively implement Shenzhen’s “14th Five-Year Plan” for intellectual property protection and utilization, and achieve good results in industrial intellectual property protection and governance;

(4) Formulate the annual work plan of the workstation every year, conduct analysis of the industry’s intellectual property status, and report the annual work situation and industry’s intellectual property status to the Shenzhen Municipal Intellectual Property Administration on time;

(5) Carry out intellectual property protection publicity, training, services, and research in Shenzhen, provide intellectual property information retrieval, legal consultation, rights protection assistance, dispute resolution, industry and enterprise intellectual property status analysis and other services to Shenzhen enterprises and other innovative entities, and establish disputes Resolution service mechanism and organize the mediation of intellectual property disputes;

(6) Has not received any funding stipulated in this article in the past 2 years.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Documents related to the establishment and work system of the intellectual property protection workstation, information and operations of the workstation management team;

(4) Typical case reports handled by the workstation, annual work reports, industry intellectual property status analysis reports, services provided to innovative entities and other relevant materials for effective intellectual property protection;

(5) Workstation expenditure audit report issued by a third-party agency in accordance with the law;

(6) If you participate in the evaluation of the Shenzhen Intellectual Property Protection Workstation, you must provide relevant materials on the latest evaluation results.

Article 24 Implementation of intellectual property dispute mediation funding. The funding standard is: each item will be funded based on its actual expenditure cost in the previous two years, the funding ceiling will not exceed 500,000 yuan, and the total annual funding for this project will not exceed 3 million yuan.

Applicants should 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, commercial mediation or industry mediation and other types of intellectual property rights in Shenzhen Dispute mediation organization and carry out intellectual property dispute mediation work;

(2) Have a stable workplace and management team in Shenzhen, with more than 2 full-time or part-time staff responsible for intellectual property protection, a stable team of mediators for intellectual property disputes, and the mediator information and relevant mediation experience have been It is open to the public and has relatively complete working systems related to intellectual property protection and dispute mediation;

(3) The number of intellectual property dispute mediation cases in Shenzhen in the past two years accounts for more than 30% of the applicant’s total dispute mediation cases in the same period;

(4) Has not received any funding stipulated in this article in the past 2 years.

Applicants should submit the following materials:

(1) Application form;

(2) As for the applicant’s subject qualification materials, the people’s mediation organization must also submit the filing document for approval to the judicial administrative department;

(3) The situation of the mediation organization’s operation team, the list of mediation experts, letters of appointment, mediator information and relevant mediation experience materials disclosed to the public;

(4) Dispute mediation work reports in the past two years (including operation status, type and quantity of mediation services, number and proportion of IP dispute mediation cases, investment and proportion of human, financial and material investment in IP dispute mediation business, typical cases of IP dispute mediation Cases, etc.) and related materials;

(5) If the mediation agreement is judicially confirmed by the court, submit the judicial confirmation document to the court;

(6) Audit reports on intellectual property mediation expenditure costs for the past two years issued by a third-party agency in accordance with the law.

Article 25 Implement intellectual property protection system construction and innovation funding, and support relevant research and construction, mainly including the following areas:

(1) In the field of intellectual property optimization of the business environment, a comparative study of advanced practices between Shenzhen and other cities at home and abroad, a survey on the status of intellectual property protection and satisfaction, and related analysis and suggestions;

(2) Research and construction of intellectual property protection status and rules in key areas, new technologies, new business formats, and new fields;

(3) Research and construction of international and inter-regional intellectual property cooperation mechanisms;

(4) Research on domestic and foreign intellectual property protection rules, changes, and hot issues;

(5) Investigation and evaluation of overseas intellectual property protection status of Shenzhen enterprises and research and construction of international intellectual property dispute response system;

(6) Data collection, organization and analysis of typical intellectual property protection cases or events in Shenzhen;

(7) Intellectual property protection credit system, cultural system, technical support system, and standardization construction;

(8) Construction of think tank systems such as intellectual property expert databases;

(9) Research and construction of assessment and incentive mechanisms for intellectual property protection work;

(10) Other research and construction to strengthen intellectual property protection in Shenzhen.

Funding standards are: each item will be funded based on its actual expenditure cost, the upper limit of funding shall not exceed 500,000 yuan, and the total annual funding for this project shall not exceed 5 million yuan.

Applicants should 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, and actively implements Shenzhen’s “14th Five-Year Plan” for intellectual property protection and utilization;

(2) Have a stable workplace and full-time intellectual property researchers in Shenzhen, and have a relatively complete intellectual property working mechanism;

(3) Carry out research on relevant topics that are forward-looking, advanced, creative or systematic, and the research results have 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’s main qualification materials;

(3) Description of project progress or completion;

(4) Projects under implementation need to submit a feasibility study report, including the implementation background and significance of the project, expected goals, implementation content and plan, progress plan, expense plan, phased results, working team status, etc.; completed Projects need to submit project results reports;

(5) 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 patent agency training subsidies, 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.

Applicants should 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 the newly recruited patent agency practitioner, the contract period is more than 2 years, has paid social security for more than 6 months in Shenzhen continuously, and is still employed when applying for the funding stipulated in this article;

(3) Newly recruited patent agency practitioners must be full-time graduates with a bachelor’s degree or above, and the date of issuance of the highest academic diploma shall not exceed 2 years from the funding application deadline;

(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) The applicant’s subject qualification materials, the enterprise can be exempted from submitting this material;

(3) Identity documents, labor contracts, highest academic certificates, social security cards, and social security payment receipts for more than 6 consecutive months before the date of funding application for newly recruited patent agency practitioners;

(4) Materials related to the applicant’s patent agency training course system;

(5) Sign-in sheets, on-site photos, training courseware and other relevant materials for the patent agency training activities carried out by the applicant in the past two years.

Article 27 Implement incentives for cultivating intellectual property professionals. The award conditions and standards are as follows:

(1) The applicant is a legally registered enterprise or intellectual property service organization and is engaged in cultivating intellectual property professionals in Shenzhen;

(2) If a staff member obtained the patent agent qualification certificate between January 1 and December 31 of the previous year, has served continuously for more than one year in the applicant's unit, and is still employed when applying for this award, the company or institution where he/she works will be A one-time reward of no more than 50,000 yuan per person will be given; for those who also have a legal qualification certificate, an additional reward of no more than 30,000 yuan per person will be given to the company or institution;

(3) After the staff obtains the patent agent qualification certificate, the company or institution where they worked when obtaining the certificate has served for more than 5 consecutive years, and if they are still employed when applying for this award, the company or institution where they work will be treated as a one-time payment of no more than 100 yuan per person. A standard reward of 50,000 yuan will be given;

(4) If a staff member obtained an intermediate or senior technical title in intellectual property between January 1 and December 31 of the previous year, has served continuously in the applicant's unit for more than one year, and is still employed when applying for this award, the employee shall be Enterprises or institutions will award rewards in accordance with the standards of no more than 30,000 yuan per person for intermediate professional titles and no more than 50,000 yuan per person for senior professional titles;

(5) The applicant has paid social insurance for the above-mentioned staff members in Shenzhen in accordance with the law during their continuous service.

If you meet multiple of the above circumstances, you can apply at the same time. The total annual reward for this project shall not exceed 15 million yuan.

Applicants should submit the following materials:

(1) Application form;

(2) The applicant’s subject qualification materials, the enterprise can be exempted from submitting this material;

(3) Patent agent qualification certificate, legal qualification certificate, or intermediate or senior technical title certificate in intellectual property;

(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 service of intellectual property, so as to improve the overall level of intellectual property work in Shenzhen. Funding standards are as follows:

(1) The funding for each training shall not exceed 200,000 yuan based on the actual cost. The same applicant can apply for up to 2 projects each year.

(2) The total annual funding for intellectual property promotion training shall not exceed 2 million yuan, the total annual funding for intellectual property protection training shall not exceed 1 million yuan, and the total annual funding for intellectual property comprehensive training shall not exceed 2 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) Engage in production and business activities in Shenzhen City, and have 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 training topics should be domestic and foreign intellectual property creation, Application, protection, management, service and other related content; projects 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 professional team to organize intellectual property training activities, relevant work capabilities and activity development Other necessary conditions and commitment to complete the training plan within 1 year;

(5) The training is non-profit in nature and is provided free of charge to Shenzhen enterprises, institutions and the relevant public.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Relevant materials for training teachers;

(4) If the training has been completed, a summary of the training activities (including training purpose, objects, content, effects, etc.) and relevant materials (public training notices, sign-in sheets that meet the requirements for training hours and number of people, and training work signed by the training instructor must be submitted) summary, lecturer labor expense vouchers, training site photos, etc.) and training expense audit reports issued by third-party institutions in accordance with the law;

(5) If the training is being implemented or planned, relevant materials such as work plans, curriculum plans, and professional teams with the ability to organize intellectual property training activities, relevant work capabilities, and other necessary conditions for the activities must be provided.

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, hot issues or in-depth coverage of theme activities, etc.; in compliance with the Shenzhen Intellectual Property Competent Department Priority will be given to projects required by the published list of annual priority topics for awareness raising;

(3) If the project has been completed, the completion time should be after January 1 of the previous year; if the project is under implementation or planning, the applicant must have a team of professionals to organize publicity activities, relevant work capabilities, and other necessary activities to carry out the activities. conditions and commit to completing the project plan within 1 year.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) If the project has been completed, relevant work summary materials (including publicity purpose, significance, method, 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 must be submitted;

(4) If the project is not completed, relevant materials and activity plans must be submitted with a professional team that organizes publicity activities, relevant work capabilities, and other necessary conditions for the activity to be carried out.

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 is an intellectual property service institution registered in accordance with the law abroad, and the institution has been established for more than 5 years;

(2) If the introduced institution is a foreign patent agency, it shall apply to the State Intellectual Property Office and obtain a license for 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 had more than 10 successful cases of intellectual property operations, patent invalidation, patent reexamination, etc. in the previous year; or the number of intellectual property litigation cases it represented in the previous year reached more than 20; or it had represented at least 2 world-class institutions. Fortune 500 companies provide intellectual property business services;

(5) Establish a stable workplace in Shenzhen and have a stable work team, and the establishment time is more than 6 months;

(6) There should be no less than 10 intellectual property professional staff resident in Shenzhen;

(7) Provide intellectual property services to Shenzhen enterprises. Last year, the working team based in Shenzhen was in good operating condition and had strong ability to export intellectual property services.

To introduce domestic institutions, this project should be applied for by the operating entity or branch or subsidiary established by the domestic institution in Shenzhen. The applicant should meet the following conditions at the same time:

(1) The introduced domestic institution is a domestic intellectual property service institution registered in accordance with the law outside the administrative area of Shenzhen City, and the registration time is more than 5 years;

(2) The introduced domestic institution has more than 20 patent agents or lawyers;

(3) The introduced domestic institution had more than 10 successful cases of intellectual property operations, patent invalidation, patent reexamination, etc. in the previous year; or the number of intellectual property litigation cases it represented in the previous year reached more than 20; or it had represented at least 2 world-class companies. Fortune 500 companies provide intellectual property business services;

(4) Establish a stable workplace in Shenzhen and have a stable work team, and the establishment time is more than 6 months;

(5) More than 10 patent agents or lawyers resident in Shenzhen;

(6) Providing intellectual property services to Shenzhen enterprises. The working team based in Shenzhen last year was operating in good condition.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) List of personnel and relevant qualification materials for domestic and foreign institutions and institutions in Shenzhen;

(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 relevant materials approved by the State Intellectual Property Office to establish a permanent representative office in China.

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.

Applicants should 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) Engage in intellectual property-related service business activities in Shenzhen and provide intellectual property services to enterprises, institutions, other institutions or individuals in Shenzhen;

(3) Have more than 10 patent agents or lawyers;

(4) Acted on more than 5 business cases such as intellectual property licensing transfer, patent invalidation, patent reexamination, and patent litigation in the previous year; or provided intellectual property business services to at least 2 Fortune 500 companies; or acted as an agent on invention patent authorization in the previous year The quantity reaches more than 100 pieces, and the invention patent agency authorization rate in the previous year is not less than 60%;

(5) It has not been recognized as an enterprise with superior intellectual property rights in Shenzhen and has not received awards from intellectual property operating agencies;

(6) The operating conditions were good last year and produced good economic benefits.

This article and the funding and awards stipulated in Articles 11 and 32 of these Regulations shall not be declared at the same time.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) List of intellectual property services provided by the applicant to enterprises, institutions, other institutions or individuals in Shenzhen last year;

(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 lists, invention patent agency authorization rate related materials, etc.;

(6) Relevant materials regarding good operating conditions in the previous year and good economic benefits.

Article 32 Implement rewards for intellectual property operating agencies. The reward standard is: no more than 3 companies will be selected each year, and each company will be awarded 200,000 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 and has been registered for 2 years;

(2) Engage in intellectual property-related operational activities in Shenzhen City, and have a stable office space in Shenzhen City, and provide intellectual property operation services to enterprises, institutions, other institutions or individuals in Shenzhen City;

(3) Establish and improve the intellectual property management system, set up a specialized intellectual property operation agency, have a reasonable structure of intellectual property operation team, and have more than 10 full-time personnel with outstanding operational capabilities and rich experience;

(4) It has 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, and achieved good results;

(5) The intellectual property operation model has a certain influence in the country or Guangdong Province, and the operating conditions were good last year and produced good economic benefits;

(6) It has not received any reward under this article in the past three years, has not been recognized as an enterprise with superior intellectual property rights in Shenzhen, and has not received any reward for improving the ability of intellectual property service institutions.

This article and the funding and awards stipulated in Articles 11 and 31 of these Regulations shall not be declared at the same time.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) List of intellectual property operation services provided to Shenzhen enterprises, institutions, other institutions or individuals in the previous year;

(4) Relevant materials on the basic situation of the construction of intellectual property operation institutions, personnel teams and management systems;

(5) Introduction to the results of intellectual property operation work and typical case materials;

(6) Relevant materials regarding good operating conditions in the previous year and good economic benefits.

Article 33 Implement the 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.

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 and provides trademark and brand guidance and services in Shenzhen;

(2) Have a stable workplace in Shenzhen, be equipped with more than 2 full-time personnel for trademark and brand guidance services, and have formulated relevant work specifications;

(3) Formulate a long-term work plan for the Trademark and Brand Guidance Station and carry out corresponding implementation work;

(4) Last year, we actively helped Shenzhen enterprises establish or improve their trademark management systems, provided reference information and professional opinions on trademark registration, renewal, use, and exclusive rights protection, and actively carried out Shenzhen regional trademark brand promotion activities and trademark Brand training, etc.; if you apply for funding to carry out trademark rights protection services, the same matter cannot be repeatedly applied for funding for similar projects such as the Industrial Intellectual Property Alliance, the improvement of domestic intellectual property rights protection capabilities, and the improvement of overseas intellectual property rights protection capabilities;

(5) Has not received any funding stipulated in this article in the past 2 years.

Applicants should submit the following materials:

(1) Application form;

(2) Applicant’s main qualification materials;

(3) Relevant materials regarding team personnel information, work procedures and business specifications;

(4) Work plan and actual operation status, the guidance station’s annual expenditure audit report and other relevant materials 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 and brand training and other related materials.

Article 34 Implement funding for the construction of an intellectual property public service system. Increase support for Shenzhen’s intellectual property public services, 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 study and improve intellectual property public services. Standardize 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.

The funding directions are as follows:

(1) Innovative research and construction of public service systems and mechanisms such as intellectual property information services, technical support, and management standards, including follow-up research on hot issues, analysis of typical events, and research and formulation of important data statistical models;

(2) Analysis and review of intellectual property rights of Shenzhen’s major industrial plans and major economic and technological activities;

(3) Establish, operate and maintain public service outlets for intellectual property information in key parks, universities, and scientific research institutes in Shenzhen, and promote the dissemination and utilization of intellectual property information to Shenzhen innovation entities and transformation and utilization entities;

(4) Provide free business consultation, query and retrieval, dynamic monitoring, research analysis, decision-making support and other information services or data services to Shenzhen's industries, enterprises, universities, government, and the general public.

The funding standards are: if it falls under the first and second funding directions stipulated in the previous paragraph, each item will be funded according to the actual expenditure cost, and the funding shall not exceed 500,000 yuan; if it falls under the third and fourth funding directions stipulated in the previous paragraph , each item will be funded based on the actual expenditure cost, and the amount of funding will not exceed 1 million yuan. The total annual funding for this project shall not exceed 7 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, and has professional talents and teams engaged in intellectual property public services;

(2) Engage in production and business activities in Shenzhen City, and have a stable office space in Shenzhen City;

(3) If the project has been completed, the completion time should be after January 1 of the previous year; if the project is under implementation, it must have a team of professionals engaged in intellectual property public services, relevant work capabilities and other necessary conditions for the development of activities;

(4) Regarding the funding directions mentioned in Items 1 and 2 of Paragraph 2 of this Article, the applicant agrees to disclose to the public the parts of the project results that do not involve commercial secrets and make them available to others for free use;

(5) For the funding directions mentioned in the third and fourth 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’s main qualification materials;

(3) If the project has been completed, the project results, summary report and relevant expense audit report issued by a third-party agency in accordance with the law must be submitted;

(4) If the project is being implemented, relevant materials such as project content, project progress, phased results, and a team of professionals engaged in intellectual property public services, relevant work capabilities, and other necessary conditions for the implementation of activities must be submitted.

Chapter 3 Organization, Supervision and Management

Article 35 The following procedures shall be followed for the acceptance, review and fund allocation of funding and award projects under the approval system:

(1) The Shenzhen Intellectual Property Authority regularly issues filing guidelines (notices);

(2) The Shenzhen Municipal Intellectual Property Competent Department will accept and conduct a preliminary review of the application materials. If the application materials are incomplete, they will be notified to make corrections within a time limit; the applicant shall make corrections as required. If the materials are not corrected on time or the supplemented materials do not meet the requirements, the applicant will not be considered. approved;

(3) If it is discovered during the review process that the applicant may have abnormal patent application circumstances, the funding or reward review may be suspended and investigation procedures shall be launched in accordance with laws and regulations;

(4) If the applicant meets the conditions after review, the Shenzhen Municipal Intellectual Property Competent Department shall notify the applicant to go through the payment procedures after the municipal finance department releases the budget. If the applicant fails to receive the money as required by the notice, it will be deemed to have automatically given up the funding and rewards. qualifications.

Articles 6, 7, 9, 10, 15, 18, 26 and 27 of this Regulation shall apply the approval system, and other projects shall apply the review system.

Article 36 The following procedures shall be followed for the acceptance, review, management and fund allocation of funding and award projects under the review system:

(1) The Shenzhen Municipal Intellectual Property Competent Department issues annual project application guidelines (notice) based on the intellectual property work goals for the year;

(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 as required or the supplemented materials fail to pass the review, the application will not be accepted. funding or awards;

(3) After the application project passes the preliminary review, the Shenzhen Municipal Intellectual Property Competent Department shall select more than 7 odd-numbered experts from the Intellectual Property Expert Database to conduct a unified review of the application project in accordance with the relevant management measures of the Shenzhen Intellectual Property Expert Database. Conduct on-site inspections and evaluations of relevant application projects based on actual work needs;

(4) The Shenzhen Intellectual Property Competent Department shall propose special funding or reward project plans based on the review opinions of the expert group, and make them public to the public after collective research and decision-making. The public disclosure time shall be no less than 5 working days;

(5) If there is no objection after the public announcement or the objection is not established, the fiscal fund budget application and fund allocation shall be handled according to the public announcement results and in accordance with the relevant prescribed procedures;

(6) For ongoing funded projects with project work tasks, a funding project contract should be signed, and funding funds should be allocated in accordance with the contract.

Article 37 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 38 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 checking the Shenzhen Credit Network, being included in the list of seriously untrustworthy entities in accordance with laws and regulations;

(3) The applied project has received similar funding or awards at the municipal level;

(4) The applicant entity has disappeared or entered bankruptcy liquidation procedures.

Article 39 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 RMB 500,000, the Shenzhen Intellectual Property Competent Department may select more than 5 odd-numbered experts from the Intellectual Property Expert Database to inspect and accept the project based on actual needs and in accordance with the relevant management measures of the Shenzhen Intellectual Property Expert Database. Review, or hire 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 16, 19, 25, 28, 29, 33, and 34 of these regulations include ongoing and ex-post funding, and other projects Take after-the-fact funding.

Article 40 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 41 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 42 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 43 If any review expert violates the relevant provisions of these procedures, professional ethics, etc., abuses his power or engages in malpractice for personal gain during review and acceptance work, he shall be held accountable in accordance with relevant provisions.

Chapter 4 Supplementary Provisions

Article 44 The terms “above”, “within” and “not exceeding” mentioned in these regulations include the original number.

Article 45 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, etc. 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 46 For projects under the approval system specified 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 47 The Shenzhen Municipal Intellectual Property Competent Department is responsible for the interpretation of these Regulations.

Article 48 These regulations will come into effect on December 1, 2022 and will 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 Market Supervision Administration [2019] No. 10) were abolished at the same time.

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