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Recently, the State Intellectual Property Office and the Ministry of Justice issued the "On Notifying the First Batch of Pilot Acceptance Results for Administrative Adjudication of Patent Infringement Disputes and Launching the Third Batch of Patents" to the Intellectual Property Office and Department of Justice of all provinces, autonomous regions, municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps. "Notice on the Standardization Pilot Project for Administrative Adjudication of Infringement Disputes" (hereinafter referred to as the "Notice"), announced the acceptance results of the first batch of pilot trials for administrative adjudication of patent infringement disputes, and simultaneously launched the third batch of pilot projects for the standardized construction of administrative adjudication of patent infringement disputes.

The "Notice" pointed out that the Party Central Committee and the State Council attach great importance to the work of administrative adjudication. The "14th Five-Year Plan for National Economic and Social Development and the Outline of Long-term Goals for 2035" and the "Implementation Outline for the Construction of a Rule of Law Government (2021-2025)" point out the need to To give full play to the role of administrative adjudication in preventing and resolving social conflicts, the "Opinions on Improving the Administrative Adjudication System and Strengthening Administrative Adjudication Work" clearly lists "intellectual property infringement disputes and compensation disputes" as the focus of administrative adjudication work, and the "Outline for Building a Powerful Intellectual Property Nation (2021-2035)" "The 14th Five-Year Plan for National Intellectual Property Protection and Utilization Plan" emphasizes the need to "give full play to the role of the administrative adjudication system for patent infringement disputes and increase the enforcement of administrative adjudication", and makes a top-level design for the administrative adjudication of patent infringement disputes in the next 15 years. and strategic deployment. The State Intellectual Property Office and the Ministry of Justice conscientiously implemented the decisions and arrangements of the Party Central Committee and the State Council, solidly promoted the administrative adjudication of patent infringement disputes, organized the acceptance of the first batch of pilot administrative adjudication of patent infringement disputes, and decided to jointly carry out the third batch of patent infringement disputes Pilot work on standardizing the administrative adjudication of disputes.

The "Notice" pointed out that the State Intellectual Property Office and the Ministry of Justice, in accordance with the relevant notice arrangements, will carry out the first batch of eight local intellectual property rights inspections in Beijing, Shanghai, Hebei Province, Jiangsu Province, Zhejiang Province, Hubei Province, Guangdong Province and Shenzhen City. The office’s completion of the administrative adjudication of patent infringement disputes and the results of the pilot work were inspected and accepted. According to the relevant standards for pilot acceptance, through local self-evaluation, expert scoring and comprehensive assessment, the first batch of 8 pilot local intellectual property offices all passed the acceptance inspection, among which The acceptance results of the pilot work of Zhejiang Intellectual Property Office, Guangdong Intellectual Property Office, Beijing Intellectual Property Office, Shanghai Intellectual Property Office and Jiangsu Intellectual Property Office were excellent.

The "Notice" requires that units that receive excellent grades in the pilot work acceptance should carry forward their achievements and make persistent efforts to further improve the level of administrative adjudication of patent infringement disputes. All regions must learn from each other, be forge ahead, dare to be the first, be good at innovation, and continue to improve an intellectual property administrative protection system that is convenient, efficient, strict, fair, open and transparent. The first batch of pilot places should continue to deepen the pilot work on the standardization of administrative adjudication of patent infringement disputes, focus on improving the institutional foundation, innovating work methods, strengthening capacity building, etc., continue to boldly explore and try, and form more replicable, popularized and learnable work experience.

The "Notice" makes simultaneous arrangements for the third batch of pilot applications for the standardized construction of administrative adjudication of patent infringement disputes. The "Notice" points out that the administrative adjudication system for patent infringement disputes is an important intellectual property protection system. It currently plays an important role in comprehensively strengthening intellectual property protection, creating a good innovation environment and business environment, and promoting high-quality economic and social development. The relevant provinces The (district or city) Intellectual Property Office may voluntarily apply for the third batch of pilot projects for the standardized construction of administrative adjudication of patent infringement disputes based on actual conditions. When applying, the work plan must be detailed in accordance with the relevant notice requirements of the State Intellectual Property Office for the pilot construction of administrative adjudication of patent infringement disputes. . The pilot period is two years, starting from June 2022 to June 2024. Upon expiration, the State Intellectual Property Office and the Ministry of Justice will organize acceptance inspections.

The "Notice" also requires that relevant localities should attach great importance to it, actively seek strong support from local governments and relevant departments, conduct in-depth research, be based on reality, do a good job in declaration work, and submit application materials on schedule. The State Intellectual Property Office and the Ministry of Justice will subsequently organize expert comprehensive reviews based on the application materials to determine the third batch of pilot lists to carry out the standardization of administrative adjudication of patent infringement disputes.

Notice from the Office of the State Intellectual Property Office and the General Office of the Ministry of Justice on the acceptance results of the first batch of administrative adjudication of patent infringement disputes and the launch of the third batch of pilot projects for the standardized construction of administrative adjudication of patent infringement disputes.

Issued by the State Intellectual Property Office [2022] No. 34

Intellectual Property Offices and Justice Departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps:

The Party Central Committee and the State Council attach great importance to the work of administrative adjudication. The "14th Five-Year Plan for National Economic and Social Development and the Outline of Long-term Goals for 2035" and the "Implementation Outline for the Construction of a Government under the Rule of Law (2021-2025)" point out that administrative adjudication prevention must be fully utilized. To resolve social contradictions, the "Opinions on Improving the Administrative Adjudication System and Strengthening Administrative Adjudication Work" clearly lists "intellectual property infringement disputes and compensation disputes" as the focus of administrative adjudication work, the "Outline for Building a Strong Intellectual Property Power (2021-2035)" and " The "14th Five-Year Plan" National Intellectual Property Protection and Utilization Plan emphasizes the need to "give full play to the role of the administrative adjudication system for patent infringement disputes and increase the enforcement of administrative adjudication", and makes top-level designs and strategic arrangements for the administrative adjudication of patent infringement disputes in the next 15 years. In order to conscientiously implement the decisions and arrangements of the Party Central Committee and the State Council and solidly promote the administrative adjudication of patent infringement disputes, the State Intellectual Property Office and the Ministry of Justice organized the acceptance of the first batch of pilot administrative adjudication of patent infringement disputes. The first batch of acceptance results are now notified, and the third batch of pilot projects for the standardized construction of administrative adjudication of patent infringement disputes are notified as follows:

1. Acceptance results of the first batch of pilot work on administrative adjudication of patent infringement disputes

According to the relevant notice on launching the first batch of pilot acceptance work for administrative adjudication of patent infringement disputes (State Intellectual Property Office Fa Bao Zi [2022] No. 4), the State Intellectual Property Office and the Ministry of Justice conducted inspections on Beijing, Shanghai, Hebei Province, Jiangsu Province, Zhejiang The first batch of 8 local intellectual property offices including Guangdong Province, Hubei Province, Guangdong Province and Shenzhen City will conduct acceptance inspection on the completion of tasks and achievements of the pilot administrative adjudication of patent infringement disputes. According to the relevant standards for the pilot acceptance of administrative adjudication of patent infringement disputes (State Intellectual Property Office Fa Bao Zi [2021] No. 39) (hereinafter referred to as the "Acceptance Standards"), after local self-evaluation, expert scoring and comprehensive assessment, the first batch of 8 pilot places All intellectual property offices have passed the acceptance inspection, among which the Zhejiang Provincial Intellectual Property Office, Guangdong Provincial Intellectual Property Office, Beijing Intellectual Property Office, Shanghai Intellectual Property Office and Jiangsu Provincial Intellectual Property Office have excellent acceptance results for the pilot work.

Units that have received excellent rankings must carry forward their achievements and make persistent efforts to further improve the level of administrative adjudication of patent infringement disputes. All regions must learn from each other, be forge ahead, dare to be the first, be good at innovation, and continue to improve an intellectual property administrative protection system that is convenient, efficient, strict, fair, open and transparent. The first batch of pilot places should continue to deepen the pilot work on the standardization of administrative adjudication of patent infringement disputes, focus on improving the institutional foundation, innovating work methods, strengthening capacity building, etc., continue to boldly explore and try, and form more replicable, popularized and learnable work experience.

2. Application for the third batch of pilot projects for standardized administrative adjudication of patent infringement disputes

All provincial (autonomous and municipal) intellectual property offices are requested to voluntarily apply for the third batch of pilot projects for the standardized construction of administrative adjudication of patent infringement disputes based on actual conditions. Local units that have been included in the first and second batch of pilots do not need to apply again. All applying units must follow the notice of the State Intellectual Property Office on launching a pilot project for administrative adjudication of patent infringement disputes (State Intellectual Property Office Hanbao Zi [2019] No. 40), and the relevant notice on launching the second batch of pilot applications for administrative adjudication of patent infringement disputes (State Intellectual Property Office Hanbao Zi [2019] No. 40). Zhiban Fa Bao Zi [2021] No. 9) details the work plan and clarifies the work requirements. The pilot period is two years, starting from June 2022 and ending in June 2024. Upon expiration, the State Intellectual Property Office and the Ministry of Justice will organize acceptance based on the "Acceptance Standards". The State Intellectual Property Office and the Ministry of Justice will organize a comprehensive review by experts based on the application materials to determine the third batch of pilot lists for the standardized construction of administrative adjudication of patent infringement disputes.

The administrative adjudication system for patent infringement disputes is an important intellectual property protection system. It currently plays an important role in comprehensively strengthening intellectual property protection, creating a good innovation environment and business environment, and promoting high-quality economic and social development. Relevant localities must attach great importance to it, actively strive for strong support from local governments and relevant departments, carry out in-depth research, base themselves on reality, and conscientiously complete the application work, and fill out the "Declaration Form for the Pilot Construction of Standardized Adjudication of Administrative Adjudication of Patent Infringement Disputes" (see attachment). Application materials should be submitted in duplicate to the Intellectual Property Protection Department of the State Intellectual Property Office in paper form before June 10, 2022, and the electronic version will be sent to zhifa@cnipa.gov.cn at the same time.

Attachment:👇Declaration Form for the Pilot Program of Standardized Administrative Adjudication of Patent Infringement Disputes.docx

How to obtain: ① Search and follow the [Shenzhen Shenzhen Credible] official account on WeChat,

②Send the keyword [Patent Infringement Specification Declaration Form] in the dialog box to obtain it quickly. 👇

Office of the State Intellectual Property Office, General Office of the Ministry of Justice

May 27, 2022

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