Notice of the State Intellectual Property Office on Continuing to Deepen the “Blue Sky” Special Rectification Action for the Intellectual Property Agency Industry-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Notice of the State Intellectual Property Office on Continuing to Deepen the “Blue Sky” Special Rectification Action for the Intellectual Property Agency Industry

Release Time：

2022-03-25

In order to thoroughly implement the relevant decisions and arrangements of the "Outline for Building a Strong Intellectual Property Power (2021-2035)" and the "14th Five-Year Plan for National Intellectual Property Protection and Utilization Plan", implement the spirit of the 2022 National Intellectual Property Office Directors' Meeting, and continue to strictly crack down on intellectual property rights The high-pressure situation of property rights violations and violations of agency behavior ensures that the special rectification is not relaxed, the measures are not soft, and the momentum is not reduced, effectively maintains industry order, and effectively promotes the healthy development of the intellectual property service industry. Now we will continue to deepen the "blue sky" of the intellectual property agency industry in 2022 "Relevant matters of the special rectification action are notified as follows: 1. Continue to increase the crackdown on key illegal agency behaviors. The State Intellectual Property Office will act as agents for irregular patent applications, malicious trademark applications, unqualified patent agents, forged and altered official documents, and illegal We will continue to strengthen the analysis of patent and trademark application data and the monitoring of illegal agency clues through big data, the Internet, artificial intelligence and other technical means, organize centralized investigations and punishments in various places, and increase the number of major Strengthen direct investigation and supervision of cases.

The Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, the Sichuan Provincial Intellectual Property Service Promotion Center; all departments of the State Intellectual Property Office, all departments of the Patent Office, the Trademark Office, other units directly under the State Intellectual Property Office, and all social groups:

1. Continue to increase the crackdown on key illegal agency activities

The State Intellectual Property Office will focus on rectifying five types of illegal agency behaviors, including abnormal patent applications, malicious trademark applications, unqualified patent agents, forging and altering official documents, and soliciting business by improper means. It will continue to use big data, the Internet, and artificial intelligence to Intelligent and other technical means will be used to strengthen the analysis of patent and trademark application data and the monitoring of illegal agency clues, organize centralized investigations and punishments in various places, and increase the direct investigation and supervision of major cases.

All localities promptly verify case clues, combine daily reports and complaints, and seriously investigate and deal with illegal agency activities. Implement "zero-tolerance" supervision for the agency's irregular patent applications and malicious trademark applications, and will be punished firmly once verified. For cases involving repeated representation, large-scale representation, resubmission after withdrawal, etc. that are serious or obviously malicious, the case shall be reported to the State Intellectual Property Office for stern treatment. Those suspected of defrauding financial aid shall be transferred to the relevant departments for criminal liability in accordance with the law. For unqualified patent agency behavior, illegal income shall be strictly determined in accordance with the Administrative Penalty Law and other relevant provisions, and behaviors such as abnormal application for agency and refusal to cooperate with investigations shall be regarded as severe punishment circumstances and high multiples or maximum fines shall be imposed in accordance with the law and regulations. Resolute enforcement of the "Double penalties" for leasing and lending qualified institutions; for unqualified institutions that have clear clues but are not punished, centralized publicity and exposure will be carried out. For other behaviors that seriously disrupt the order of the industry, such as forging and altering official documents, soliciting business by improper means, we will strictly investigate and deal with them promptly in accordance with the law, and continue to effectively purify the industry environment.

2. Effectively strengthen the comprehensive management of platform-based intellectual property service institutions

The State Intellectual Property Office, together with various localities, continues to provide administrative guidance to large-scale platform-based intellectual property service agencies, supervise the platforms to issue service conventions and make public commitments, and establish and improve malicious application and transfer trademark screening, conflict of interest review, and online application duplication verification. , data processing and algorithm formulation, manual-assisted review, compliance reporting and risk assessment and other systems. Strengthen the monitoring and evidence collection of online business activities of platform institutions, and promptly cooperate in the investigation and handling of illegal and illegal agency behaviors.

All localities have strengthened the interview guidance for local e-commerce platforms, urged them to implement the review and supervision responsibilities of operator qualifications, service quality, advertising and publicity, etc. in accordance with the law, promptly closed down illegal agent shops, deleted links, and standardized new models of intellectual property agency services. Establish and improve a cross-department collaborative supervision mechanism, actively coordinate advertising, pricing, anti-unfair competition and other law enforcement departments to carry out joint law enforcement and supervision work to improve the effectiveness of comprehensive governance.

3. Comprehensively strengthen the supervision of intellectual property agency practitioners

The State Intellectual Property Office actively promotes regulatory governance focusing on practitioners, effectively assigns the responsibilities of illegal agents to individuals, and strictly prevents practitioners from evading supervision by "changing vests". Based on the agency's abnormal patent applications and malicious trademark applications, establish a list of key monitoring personnel, strictly implement the credit evaluation scoring management rules, and promote the implementation of collaborative restrictions.

All localities have strengthened the exposure of persons, shareholders and responsible persons involved in various illegal agency cases in accordance with the law, and made full use of existing rules to impose penalties. In the "double randomization, one disclosure" supervision, key inspections will be carried out on key monitoring personnel, and the implementation of signature responsibilities will be comprehensively verified to further enhance the responsibility awareness of practitioners and enhance the effectiveness of supervision.

4. Strengthen the guidance of innovative entities and social supervision

The State Intellectual Property Office explores the establishment of a social evaluation mechanism for intellectual property agency quality, encourages and guides innovative entities and the public to evaluate the service quality of agencies, and provides useful reference for market selection. Accelerate the upgrade of the agency management information system, simultaneously launch the WeChat applet, strengthen the disclosure of agency qualifications and operating conditions, and improve the directory of abnormal business operations, the list of serious violations of law and dishonesty, and the agency risk warning function to further facilitate the public to correctly select agencies.

All localities have strengthened their service awareness for innovative entities and the public, and through various work channels, guided local innovative entities, especially enterprises with superior intellectual property rights and demonstration enterprises, to carefully select and select agencies, effectively limiting the development space for illegal agents, and accelerating the formation of various parties. Extensive participation in the agency supervision social co-governance situation.

5. Strengthen policy coordination and linkage

The State Intellectual Property Office has strengthened the coordination and linkage between patent and trademark examination and agency supervision, and strictly implemented systems such as patent application contact qualification review and electronic account management. During the review work, it has strengthened the monitoring and management of the business involved in key agencies and personnel, and strengthened Source governance. Work with various localities to explore the establishment of a patent and trademark agency "white list" system, supporting corresponding facilitation measures and preferential policies, and positively guiding institutions to operate legally and standardizedly.

All localities strictly implement relevant joint credit punishment regulations, give full play to the role of market supervision and management of serious illegal and untrustworthy lists and intellectual property credit management regulations, implement key supervision of illegal and untrustworthy institutions and individuals as required, and cancel honorary titles, so as to achieve "one place of untrustworthiness, Restricted everywhere.”

6. Strengthen the role of industry self-discipline

The State Intellectual Property Office has strengthened its guidance to the All-China Patent Agents Association and the China Trademark Association in accordance with the law, improved the voluntary supervision mechanism for work style, carried out a series of themed activities of the "Year of Work Style Construction", and improved the oath and internship training system. Strengthen the cultivation of excellent intellectual property agencies, organize the recommendation of typical agency cases and the exchange of advanced management experience, guide agencies to establish a value orientation of quality first, and optimize the industry development environment.

All localities have accelerated the establishment of local intellectual property service industry organizations, guided and improved industry self-regulatory norms, and actively carried out industry self-discipline and punishment work. Strengthen the connection between industry self-discipline and government supervision, strengthen information sharing, organize industry organizations to carry out clue investigations, undercover visits and assist in case handling, and coordinate to respond to public opinion. Organize and carry out agency capability training to improve local agencies’ legal operating awareness and service levels.

7. Strengthen implementation guarantees

The State Intellectual Property Office promotes cross-regional joint and collaborative law enforcement in key areas, and allocates resources to handle major cases. Strengthen the supervision and assessment of various places, increase support and incentives for places that are active in work and achieve significant results, and deduct assessment scores as appropriate for places where work is not implemented in place, especially where the intensity and quality of case handling are insufficient. Continue to promote the construction of the regulatory system for the intellectual property service industry, continuously improve the regulatory level, optimize the industry development environment, and effectively promote the high-quality development of intellectual property and the construction of an intellectual property power.

All localities should strengthen exchanges and learn from each other, vigorously promote entrusted law enforcement and decentralization of law enforcement powers, improve cross-department collaborative supervision mechanisms, implement supervisory responsibilities step by step, strengthen supervisory personnel training and experience exchanges, improve professional support and expert consultation mechanisms, and comprehensively enhance regional knowledge Title agency supervision capabilities. All provincial intellectual property offices are requested to conscientiously organize and implement the tasks of this notice, and refine the plan for the province's "Blue Sky" special rectification action before April 15, 2022, and submit the annual summary to our office's intellectual property application before November 30 Promotion Division.

Notice is hereby given.

State Intellectual Property Office

March 25, 2022

Source: State Intellectual Property Office website

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