MSA:Opinions on strengthening the protection of intellectual property rights

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State intellectual property office: opinions on strengthening intellectual property protection

The year 2020 will be the year of finishing the building of a moderately prosperous society in all respects and the 13th five-year plan. It will also be the year of concluding the outline of the intellectual property strategy. The general thinking of this year's intellectual property work is as follows: Adhere to xi jinping, the new era of socialism with Chinese characteristics as guidance, in-depth study and implement the party's 19, the 19th Olympic spirit and 2, 3, fourth plenary session of the CPC Central Committee and the State Council decision deployment, the implementation of the national work conference on market regulation requirements, firmly grasp the total tone seek improvement in stability work, strive to promote the development of high quality, strengthen the top-level design, perfect the legal system, deepen the reform and innovation, strengthen intellectual property creation, protection, utilization and enhance the level of public services and greater efforts to strengthen the protection of intellectual property rights of international cooperation, improve the level of intellectual property rights management capabilities and management, construction of a new journey to open a new era of intellectual property rights power.


1. Strengthening the top-level design of intellectual property.

We will accelerate the formulation of the outline of the strategy for strengthening China's intellectual property rights. We completed the compilation of the text of the outline, submitted it to the central government for approval in accordance with procedures, and improved the coordination mechanism and support system for building a strong country with intellectual property rights. We will formulate and implement the annual intellectual property strategy promotion plan and guidelines for high-quality development, deepen efforts to strengthen provinces, cities and enterprises with strong intellectual property rights, and better support national and regional development. Where conditions permit, provincial (municipal, district) strategies should be formulated to strengthen intellectual property rights.

Make a good intellectual property rights "14-5" plan. We will carry out a review of the implementation of the 13th five-year plan for the protection and application of intellectual property rights, compile the 14th five-year plan, better align it with the outline of the strategy for developing China into a strong country with intellectual property rights, and optimize the setting of development indicators. All localities should conscientiously summarize their achievements, experience and deficiencies in the development of intellectual property during the 13th five-year plan period and make good plans for the 14th five-year plan period.

We will continue to improve the legal system for intellectual property rights. Actively cooperate with the revision of the patent law and push forward the revision of the implementation rules of the patent law. Guided by strengthening intellectual property protection, we will make a new round of comprehensive revisions to the guidelines for patent examination and improve standards for examination in related fields. We will accelerate the formulation and revision of relevant regulations and normative documents concerning trademarks and geographical indications, and study and promote the coordinated development of the system for protecting trademarks and geographical indications. We will strengthen the study of the basic law on intellectual property rights. Local governments should actively promote the improvement of local laws and regulations on intellectual property in light of the new situation and requirements.


2. Strengthening intellectual property protection.

Implementing the opinions on strengthening intellectual property protection to a high standard. We will formulate a plan for the implementation of the guidelines, improve the work mechanism, strengthen overall coordination, and strengthen supervision, guidance and performance appraisal. All localities should earnestly implement their territorial responsibilities for ipr protection, formulate supporting measures, strengthen comprehensive safeguards and ensure the implementation of tasks.

We will accelerate the construction of a broad protection framework. Optimize the layout of intellectual property protection center construction, expand work ideas and enrich responsibilities. We will deepen the development of a credit system in the field of intellectual property, and jointly punish serious breaches of credit in accordance with the law and regulations. We will vigorously cultivate arbitration institutions and improve the mediation system. All relevant localities should strengthen the construction of hardware and software of intellectual property protection centers to ensure their efficient operation and meet the needs of regional development.

We will improve the operational guidance system for law enforcement and protection. We made steady progress in the trial and demonstration of ipr infringement disputes and administrative adjudication. We will move faster to introduce standards for judging trademark infringement. We will select and publish typical cases of ipr administrative law enforcement. We will strengthen the protection of well-known trademarks in the investigation and punishment of trademark violations. To increase the protection of integrated circuit layout design. To establish a linkage mechanism between administrative adjudication of patent infringement disputes and procedures for patent confirmation. All localities should strengthen cross-regional law enforcement and protection to form joint efforts.

We will strengthen capacity building for protection. We will establish a rotation training system for law enforcement officers to improve their professional ability. We will deepen the protection of Internet plus intellectual property rights and strengthen the use of information technology. We will strengthen the construction of public service platforms for ipr protection assistance. We will promote the efficient operation of national overseas ipr dispute response and guidance centers, and build and distribute a number of local and overseas sub-centers. All localities should continue to strengthen their ipr protection systems, increase input and enhance capacity.

We will protect geographical and official landmarks. We will study and formulate guidelines for the examination of geographical indications and improve the standardization system for the protection of geographical indications. We will steadily promote the replacement of special geographical indications and optimize the approval process for special geographical indications. We will strengthen the protection of special symbols and official symbols, and work hard to protect the intellectual property rights of the Beijing winter Olympic and paralympic games.


3. Continuously promoting ipr review to improve the quality and efficiency.

Continuously improve the quality and efficiency of patent examination. We will further strengthen capacity building for review, improve the quality evaluation mechanism, reduce the cycle of high-value patent review to no more than 16 months, and improve the quality of review of utility models and designs. Complete the intelligent upgrade of patent examination and retrieval system (phase I). We will improve the modes of centralized review, priority review, highway for patent review, and delayed review.

We will continue to improve the quality and efficiency of trademark review. The average review period for trademark registrations was reduced to four months. Optimize the quality evaluation index system and improve the quality management. We will deepen reform to facilitate trademark registration, and make trademark review, objection and cancellation more electronic. Speed up the development of the intelligent review system and increase the application of artificial intelligence technology in the review. We will severely crack down on trademark hoarding and malicious registration.


Vigorously promote the realization of the value of intellectual property rights.

We will improve the intellectual property operation system. We will improve the mechanism for the transformation and application of intellectual property rights, and promote the establishment of a patent information disclosure system for the registration of financially funded research projects and technology market contracts. We will encourage state-owned enterprises and public institutions to establish and improve the intellectual property assets management system and improve the intellectual property value evaluation mechanism. We will manage ipr operation platforms by category and speed up the development of ipr operation service systems in key cities. We will carry out comprehensive demonstrations of intellectual property financial services, expand the amount of financing pledged by intellectual property rights, and strive to increase the annual amount by more than 20%. We will accelerate trials to securitize intellectual property. We will explore trials to integrate patents with technical standards. All localities should continue to explore effective mechanisms for promoting the transformation and application of intellectual property rights.

Improve the ability of intellectual property management of innovation subjects. We will support central government enterprises in strengthening intellectual property work. We will deepen the implementation of the intellectual property strategy project for small and medium-sized enterprises, and carry out the cultivation of competitive demonstration enterprises. We will fully implement measures for intellectual property rights to serve the innovative development of private enterprises. We will deepen the development of pilot and demonstration units for intellectual property rights in universities and research institutions. Actively guide enterprises to disclose intellectual property accounting information. To standardize and optimize the implementation of standards by enterprises, universities, scientific research organizations and patent agencies. To compile the draft national standard of the code for the management of intellectual property in the process of innovation. All localities should further optimize the policy of PCT international patent and domestic invention patent award and funding, strengthen the quality orientation, and standardize the financing behavior. Subsidies and rewards for utility models, designs and trademark applications will be abolished, with the emphasis on protection and application in the later stages.

We will promote high-quality development of intellectual property services. We will formulate policies and measures to promote the high-quality development of the intellectual property service industry, promote the development of intellectual property service industry clusters with high standards, and build service industry brands. We will intensify efforts to improve patent agency, standardize trademark agency practices, and crack down on illegal agency. To establish a supervision system for intellectual property certification industry together with relevant departments. Local governments should effectively strengthen supervision of intellectual property services and create a standardized and orderly industry environment.

We will deepen the integration of intellectual property rights with economic development. We will promote the establishment of an accounting and publishing mechanism for the value-added of intellectual property (patent) intensive industries. Establish a reference relationship between key industries and international patent classification. To compile reports on the development of industrial intellectual property. We will vigorously implement the project to promote the use of geographical indications, and carry out the work of taking targeted measures to alleviate poverty and using trademarks to enrich rural residents. We will deepen military-civilian integration of intellectual property rights. We issued guidelines for the implementation of patent navigation projects, and coordinated and promoted patent navigation in key industries. All localities should actively explore effective ways for intellectual property to serve economic development.


(5) enhancing public service capacity for intellectual property.

We will deepen the reform of "delegating power and improving services" in the field of intellectual property. We will implement the guidelines on deepening the reform of "delegating power, improving regulation and improving services" in the field of intellectual property and creating a sound business environment. We will focus on addressing prominent problems reported by the public, carry out relevant assessments, select advanced models, and promote empirical practices. Actively cooperate with the domestic business environment evaluation and further optimize the evaluation indicators related to intellectual property rights.

We will improve the public service system for intellectual property. We should establish an overall coordination mechanism for the public service system for intellectual property information, give full play to the important role of universities, research institutes and library and information agencies, promote the integration and equalization of regional public services for intellectual property information, and improve the accessibility of services. Thirty new technology and innovation support centers (TISC) and a number of national intellectual property information service centers in universities were built. We will accelerate the construction of a backbone network for public services for intellectual property information. We will ensure the effective operation of the public service network for intellectual property rights, and ensure that business services, government services and information services are accessible through one network. We will encourage local governments to set up comprehensive public service agencies for intellectual property, and build one-stop service halls.

Integrate basic intellectual property information resources. We will accelerate the construction of intellectual property rights big data centers and intellectual property rights protection and monitoring network information platforms. We will continue to promote the integrated use of basic intellectual property information and resource platforms, expand the openness of basic information, and guide and support social institutions in carrying out in-depth development of information resources. We will strengthen macro-planning and classified guidance for the dissemination and use of intellectual property information.


6. Strengthening international cooperation on ipr protection.

Deepen international cooperation on "One Belt And One Road" intellectual property rights. We will ensure the success of the 2020 One Belt And One Road high-level meeting on intellectual property rights. We will continue to provide developing countries with intellectual property degree education and training to enhance their intellectual property capabilities.

Deep participation in global intellectual property governance. We should strengthen the tracking, research and judgment of the international frontier developments of intellectual property and actively respond to them.

We will improve international cooperation on intellectual property rights. We will further strengthen cooperation on patents, trademarks, geographical indications and other intellectual property rights. We will encourage non-governmental organizations to carry out international exchanges and cooperation on intellectual property rights. We will support local governments in holding high-level international intellectual property exchange activities.


7. Strengthening comprehensive protection of intellectual property undertakings.

We will strengthen intellectual property culture. We will vigorously advocate and cultivate intellectual property cultural concepts, carry out public publicity activities for intellectual property rights, further publicize intellectual property rights to the outside world, and explore the possibility of carrying out overseas exhibitions on China's intellectual property rights protection. We will organize the world intellectual property day, national intellectual property publicity week, China patent week, China intellectual property annual conference, China intellectual property protection high-level forum, China international patent technology and products fair, China international design expo, and support the success of the Shanghai international intellectual property forum. We will deepen the pilot demonstration of intellectual property rights education in primary and secondary schools. All localities should actively carry out publicity and education on intellectual property rights in light of their actual conditions.


Strengthening intellectual property rights personnel training. Do a good job in the rotation training of intellectual property administrative personnel. We will carry out the reform of the professional title system for intellectual property rights. We will support the development of intellectual property disciplines in colleges and universities, continue to promote the establishment of specialized degrees in intellectual property, and focus on training talents in urgent need of intellectual property. We will accelerate the development of think tanks with intellectual property characteristics. Relying on the national intellectual property training base and other resources, the local government should vigorously carry out the practical training of intellectual property talents.