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Guozhi Fa Bao Zi [2022] No. 27

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all agencies directly under the State Council:

The "National Intellectual Property Protection Demonstration Zone Construction Plan" has been approved by the State Council and is now issued to you. Please implement it conscientiously.

State Intellectual Property Office

June 20, 2022

National Intellectual Property Protection Demonstration Zone Construction Plan

In order to thoroughly implement the spirit of a series of important instructions issued by General Secretary Xi Jinping on strengthening the protection of intellectual property rights and the decisions and arrangements of the Party Central Committee and the State Council, in accordance with the "Opinions on Strengthening the Protection of Intellectual Property Rights" issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council and other requirements, With the approval of the State Council, the following plans are now formulated to accelerate the construction of national intellectual property protection demonstration zones (hereinafter referred to as demonstration zones).

1. Overall requirements

Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and all 19th Plenary Sessions, based on the new development stage, completely, accurately and comprehensively implement the new development concept, build a new development pattern, and persist in promoting With the theme of high-quality development, we insist on innovation as the first driving force for development, adhere to goal-oriented, adapt to local conditions, merit-based selection, dynamic management, high-standard construction, high-level protection, and high-quality services, build a number of demonstration areas, and explore the establishment of efficient The comprehensive intellectual property management system opens up the entire chain of intellectual property creation, use, protection, management, and services, promotes the initial formation of a system and mechanism with clear boundaries of rights, reasonable division of labor, consistent responsibilities and powers, and efficient operation in key areas, and leads the way in the protection of intellectual property rights in my country. The overall level will be improved, further promote the construction of an intellectual property power, stimulate the innovation vitality of the whole society, and effectively support high-quality economic and social development.

2. Main objectives

By 2025, about 20 cities (regions) will be selected across the country to complete construction work and be identified as demonstration areas after evaluation to create several highlands for intellectual property protection. The overall deployment of intellectual property protection work in the demonstration zone is scientific and reasonable, the intellectual property protection ecology is good, the level of legalization is high, the whole chain of protection operates smoothly, the reform of the system and mechanism has achieved obvious results, the effectiveness of public services continues to improve, and social satisfaction has reached and maintained a high level level, international cooperation and competitiveness in the field of intellectual property have been further enhanced, national security interests have been effectively safeguarded, and the role of the intellectual property system in promoting technological innovation, industrial upgrading and promoting high-quality development has become more prominent.

3. Key tasks

The people's government of the city (region) in the construction of the demonstration area should compare the goals and requirements of the construction of the demonstration area, clarify the functional positioning of comprehensively strengthening intellectual property protection and promoting high-quality development, combine the actual needs, base on the regional foundation, and focus on the following aspects to promote the construction of the demonstration area.

(1) Strengthen the overall deployment of intellectual property protection work. Strengthen the study and judgment of the regional intellectual property development situation, deploy intellectual property protection work scientifically and rationally, adhere to the supremacy of people's interests, protect intellectual property rights fairly and reasonably, and ensure that both public interests and incentives for innovation are taken into consideration. Incorporate intellectual property protection work into the important agenda, study and formulate regional intellectual property protection work plans, and deploy a number of major reform measures and key projects. Establish and improve the overall planning and coordination mechanism, timely study and solve important problems in the work, and work together to promote intellectual property protection.

(2) Improve the level of legalization of intellectual property protection. Improve the laws and regulations on intellectual property protection in the region. Strengthen administrative protection in areas such as patents, trademarks, geographical indications, trade secrets and customs protection, strengthen administrative adjudication of intellectual property rights, carry out special law enforcement actions, and increase administrative penalties. Strengthen the construction of cross-regional and cross-department law enforcement and protection coordination mechanisms. Establish and improve a long-term mechanism to regulate malicious registration of trademarks, abnormal patent applications, and malicious litigation. Strengthen judicial protection of intellectual property rights, improve trial quality and efficiency, and strictly implement the punitive compensation system for infringement. Promote the establishment of a normalized mechanism to effectively combat malicious litigation in the field of intellectual property rights. Improve the connection mechanism between administrative protection and judicial protection of intellectual property rights, and promote the unification of administrative and judicial case handling standards. Strengthen the construction of mechanisms to combat infringement and counterfeiting crimes, and severely punish all types of intellectual property crimes.

(3) Strengthen the protection of the entire chain of intellectual property rights. Promote the establishment of a joint trial mechanism for intellectual property administrative rights confirmation cases and various types of infringement dispute cases. Improve the diversified resolution mechanism for intellectual property disputes and promote the use of arbitration, mediation and other methods to quickly resolve disputes. Encourage industry associations, chambers of commerce, etc. to establish self-discipline mechanisms for intellectual property protection and promote the construction of an integrity system. Improve the connection mechanism between administrative power confirmation, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, and citizen integrity. Optimize the intellectual property rights protection assistance system. Strengthen the construction of a standardized market for intellectual property protection and establish a list of key markets. Comprehensively improve the supervision level of intellectual property agencies. Improve the intellectual property infringement identification and infringement damage assessment system. Increase the training of intellectual property protection personnel and build a high-quality intellectual property protection talent team. Strengthen the construction of intellectual property technology investigation talent pool. Strengthen the construction of informatization and intelligent infrastructure to form an intellectual property public service system that is convenient and beneficial to the people. Strengthen publicity and training to enhance the awareness and ability of the whole society to respect and protect intellectual property rights.

(4) Deepen the reform of intellectual property protection work systems and mechanisms. Continue to deepen the reform of “decentralization, regulation and service” in the field of intellectual property rights. Optimize the establishment of intellectual property administrative departments and judicial protection departments. Deepen the rapid collaborative protection mechanism for intellectual property rights and increase the layout and construction of institutions for rapid intellectual property protection. Deepen reform and innovation in the field of intellectual property trial, improve the trial mechanism of technical intellectual property, continue to promote the "three-in-one" reform of the trial of civil, administrative, and criminal cases of intellectual property, and promote the reform of the separation mechanism of complex and simplified civil and administrative cases of intellectual property. Strengthen the innovation of intellectual property procuratorial work systems and mechanisms, and establish and improve a centralized and unified mechanism for the performance of intellectual property procuratorial functions. Study and strengthen the protection of intellectual property rights in new fields and new business formats such as big data, artificial intelligence, the Internet of Things, blockchain, and genetic technology.

(5) Promote international cooperation and exchanges in the field of intellectual property rights in the region. Encourage enterprises, industry associations, and social groups to participate in public diplomacy in the field of intellectual property. Improve communication channels with domestic and foreign rights holders, and strengthen information exchange with domestic and foreign industry associations, chambers of commerce, social groups, etc. in the region. Improve the information notification and emergency response mechanisms for major foreign-related intellectual property disputes in the region, and actively respond to the concerns of domestic and foreign rights holders. Comprehensively utilize various international exchange and cooperation platforms to actively publicize my country’s intellectual property protection and development achievements. Excavate and promote excellent cases of intellectual property rights in the region and tell the story of China’s intellectual property rights.

(6) Maintain national security in the field of intellectual property rights. Strengthen independent research and development of key core technologies related to national security, and strengthen the cultivation and protection of high-value patents. Manage the external transfer of intellectual property rights involving national security in accordance with the law. Establish and improve the guidance system for responding to overseas intellectual property disputes, strengthen the supply of overseas intellectual property information to enterprises in the region, and support enterprises in safeguarding their legitimate rights and interests. Strengthen the construction of international intellectual property risk early warning and prevention and control mechanisms. Encourage insurance institutions to expand overseas infringement liability insurance and other insurance businesses around intellectual property protection, and support enterprises in setting up overseas mutual assistance funds for intellectual property rights protection.

4. Organization and implementation

(1) Create conditions. The entities planning to apply for the construction of demonstration zones should be cities at or above the prefecture level (excluding municipalities directly under the Central Government) or districts (counties) under municipalities. The overall deployment of intellectual property protection work in the region is strong, the party committee and the government attach great importance to intellectual property protection work, and the overall coordination and work promotion mechanism is sound and operating well. The level of administrative and judicial protection of various types of intellectual property rights such as patents, trademarks, geographical indications, and trade secrets is relatively high, the diversified resolution mechanism for intellectual property disputes is relatively complete, and the level of supervision of intellectual property agencies is relatively high. The resources for intellectual property protection work are well guaranteed.

(2) Create a program. The people's government of the applying city (region) shall formulate an implementation plan for the construction of the demonstration zone, and submit it to the State Intellectual Property Office after review by the people's government of the province (autonomous region, municipality directly under the Central Government) to which it belongs. The State Intellectual Property Office, together with relevant departments, organizes the application, selection, management, acceptance and review of demonstration zones, and selects a number of cities (regions) to carry out the construction of demonstration zones. The construction period is two years. Those that pass the acceptance review at the end of the construction period will be recognized as a demonstration area, and the demonstration period will be valid for 3 years. When the validity period of the demonstration expires, the demonstration area can submit a renewal application to the State Intellectual Property Office, and after approval, it will continue to be recognized as a demonstration area.

5. Safeguard measures

(1) Strengthen organizational leadership. The State Intellectual Property Office will establish a work coordination mechanism with relevant departments to strengthen the connection with existing intellectual property creation demonstration work, formulate application guidelines, and promote the construction of demonstration areas. All relevant regions should further unify their thinking and raise awareness, carefully formulate implementation plans for the construction of demonstration zones, innovate organizational management models, explore and establish a clearly defined, streamlined and efficient work operation mechanism, increase resource investment, strengthen talent support and condition guarantees, and ensure high-quality development. Quality construction.

(2) Strictly create demonstrations. Cities (regions) in the construction of demonstration zones should strictly follow the construction implementation plan and solidly promote the implementation of various key tasks. Cities (regions) identified as demonstration areas must summarize and consolidate construction achievements, actively play a demonstration role, and drive an overall improvement in regional intellectual property protection levels.

(3) Strengthen policy support. For demonstration zone construction cities (regions) and recognized demonstration zones, the State Intellectual Property Office, together with relevant departments, formulates and dynamically adjusts policy lists, providing policy support in terms of intellectual property protection system construction, talent team building, resource supply, etc., in terms of administrative and Priority will be given to the advancement of judicial protection innovation work.

(4) Strict supervision and management. The State Intellectual Property Office, together with relevant departments, will strengthen the supervision and management of the construction of demonstration zones, guide relevant regions to establish information submission and evaluation mechanisms, and improve the problem-oriented evaluation indicator system. Strengthen third-party monitoring, conduct a survey on social satisfaction with intellectual property protection, and conduct a summary and evaluation of the implementation and completion of various key tasks during the construction of the demonstration zone and the demonstration process. Establish a management mechanism with advance and retreat, and order rectification if the work is not progressing well and there are obvious problems. If the demonstration zone still does not meet the requirements after rectification, the demonstration zone construction or qualification will be cancelled.

During the construction of the demonstration area, the people's governments and relevant departments of the construction city (region) and the province (autonomous region, municipality directly under the Central Government) to which it belongs must strengthen coordination and cooperation to promote reform and innovation. After the construction and identification of the demonstration area are completed, it is necessary to promptly summarize and promote good experience and practices in the construction of the demonstration area, give full play to the demonstration-driven effect, and implement the strengthening of intellectual property protection work.

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