15 july 2014
Annex
Several observations on the further implementation of national intellectual property strategies to strengthen and improve intellectual property governance
The following observations are made to accelerate the transformation of government functions, improve intellectual property management and public service capacities and effectively support innovation-driven development strategies。
I. General requests
(i) guidance. Guided by deng xiaoping's theory, the key ideas of the “three representatives”, and the scientific development vision, the party's 18th and 18th mid-second and 3rd mid-plenary sessions, and in line with the overall requirements of the innovation-driven development strategy, vigorously implement the national intellectual property strategy, strengthen the use and protection of intellectual property rights, and develop incentives for technological innovation, with the aim of creating a sound development environment, providing quality public services and maintaining social equity and justice, uphold the principles of regulation, synergy, initiative and efficiency, highlight the improvement of macro-management, strengthening of market regulation, sound regulatory systems, innovative services, and a comprehensive increase in the level of scientific management of intellectual property rights to provide strong support for the development of innovation by market owners。
(ii) basic principles。
— normative management. It is governed by the law, by a combination of market and government direction, by sound regulatory systems and processes, by regulating market behaviour, by enhancing the intellectual property management capacity of innovation subjects and by improving the management of intellectual property services。
- co-management. The aim is to ensure the smooth and harmonious functioning of the intellectual property system, to maintain a coherent and integrated division of labour, and to develop a collaborative mechanism for the management of the public sector and the division of responsibilities, bringing together administrative actors。
— proactive management. Focusing on improving risk preparedness and disposal capacity, maintaining a combination of forward-looking layout and proactive response, enhancing the pro-activeness of intellectual property management and the timeliness of risk disposal, while passive management is proactive。
• efficient management. To improve the capacity of public services by maintaining a combination of functional transformation and capacity-building, using advanced technological tools, building public service platforms, innovative service models and processes and improving administrative effectiveness。
(iii) main objectives. By 2020, an intellectual property administration system adapted to the needs of economic and social development and an efficient and smooth coordination mechanism will have been established, the intellectual property macromanagement capacity will have been significantly strengthened and improved, and the level of strategic planning and policy direction will have improved. Enterprises, institutions of higher learning and research institutes establish intellectual property management systems and management teams to meet development needs, and major scientific research projects are managed throughout the intellectual property process. The regulatory capacity of the intellectual property market has been further strengthened, the service capacity of social organizations and service institutions has largely met market needs, and there has been a marked improvement in the market order for intellectual property transactions and services. A more regulated and well-developed intellectual property administration system has been established in the fields of science and technology, education, economics and trade, and culture, and the public service capacity of intellectual property has largely met social needs。
Ii. Improving macro-management of intellectual property rights and improving their integrated management effectiveness
(iv) optimization of administrative systems. To deepen the reform of the administration of intellectual property and to strengthen the administrative workforce of patents, trademarks and copyrights. Strengthening local intellectual property management systems, optimizing work processes, improving working mechanisms and improving administrative performance. Further decentralization and reform of the system of administrative approval of intellectual property rights to take full advantage of the decisive role of the market in allocating innovative resources。
(v) sound coordination and coherence mechanisms. To strengthen the system of joint inter-ministerial meetings for the implementation of the national intellectual property strategy, to strengthen the coordination of the macro-management of intellectual property rights, to conduct regular research on the formulation of key policies and policies for the development of intellectual property, to promote the implementation of the intellectual property strategy in an integrated manner, and to consult in the decision-making process on major aspects of intellectual property development. Strengthening sectoral coordination and promoting the interface between industrial policy, regional policy, science and technology policy, economic and trade policy and intellectual property policy. Encourage and support the establishment at the local level of well-functioning mechanisms for the integration and coordination of intellectual property rights, strengthening national and local communication and bringing together management synergies。
(vi) strengthening the strategic landscape of intellectual property rights. Pilot patent navigation projects aimed at enhancing industrial innovation-driven development capacity, targeting industrial clusters, industries and enterprises, pilot patent navigation projects, patent layout and the creation of patent reserves to support industrial (enterprise) competitiveness. Periodically, priority industrial patent development reports are issued to guide enterprises to strengthen their research and development and reserves of front-line technologies and enhance their core competitiveness. Conducting reviews of intellectual property rights (iprs) for major national economic activities, conducting ipr services for major industrial planning, major government investment activities and enhancing the intellectual property risk-control capacity of economic activities. (b) strengthening of national research on intellectual property-related strategies in science and technology, and conducting periodic analysis and early warning of intellectual property rights, as well as the development of a major intellectual property-related strategy。
(vii) integrated application of policy instruments to support the creation and application of intellectual property rights. Policies such as fiscal, taxation and finance are used to guide market owners in the creation and application of intellectual property rights. Refinement of the policy of adding deductions to the tax on enterprise r & d costs, and inclusion of the inventor's incentive in the r & d costs to stimulate innovation. Research on the policy of transforming the scientific and technological achievements of enterprises into disposal of proceeds, and the motivation of units and personnel to apply intellectual property rights. Financial institutions are encouraged to continue to innovate in the development of new financial products and services, such as the securitization of patent licences and the piloting of patent insurance, to provide financial support to financial institutions that carry out mortgage lending operations in intellectual property rights, to provide risk compensation for the conversion of scientific and technological results through the national science and technology transfer facility and to promote the industrialization of intellectual property results。
Strengthening intellectual property law enforcement and maintaining a well-functioning market
(viii) strengthening administrative enforcement of intellectual property rights. (c) promote the development of a regularized mechanism for intellectual property law enforcement and conduct an orderly monitoring and oversight of enforcement. (c) further strengthen the administrative law enforcement capacity-building system, strengthen the certification and qualification system for law enforcement personnel and strengthen the administrative law enforcement staff. (c) strengthen the special treatment of the problem of abuse of intellectual property rights. Close cross-regional and cross-sectoral law enforcement collaboration to strengthen law enforcement control and promote integrated and joint law enforcement. Conducting surveys on social satisfaction with intellectual property protection and improving performance evaluation mechanisms for intellectual property law enforcement. Accelerate the development of an information-sharing platform on the interface between executive law enforcement and criminal justice of intellectual property rights and achieve a comprehensive sharing of judicial information on law enforcement。
(ix) focusing intellectual property regulation. Strengthen law enforcement controls on production sources and circulation chains. Increased intellectual property law enforcement protection at fairs and establishment of intellectual property complaints processing units at priority fairs. (c) to regulate intellectual property rights on the internet and emerging media and regulate the functioning of the network. Establishment of regulatory regimes and standards for intellectual property rights in the professional market and exploration of the establishment of inspection offices for intellectual property protection in priority professional markets, with a view to regularizing market inspections。
(x) strengthen market regulation of intellectual property services. Improving the monitoring system for intellectual property services statistics, promoting the development of a standardized system for intellectual property services, clarifying the content and processes of services and improving their standardization. Promote the establishment of a vocational qualification system for intellectual property services and regulate the regulation of the services market. (c) strengthen penalties for violations and establish a fair and just market order. (c) to strengthen the guidance and supervision of collective copyright authorities and regulate the collection and distribution of proceeds. Establish an intellectual property service information platform to make information on credit evaluation, breach of trust and recognition awards available to service providers and practitioners in a timely manner, leading them to specialization, branding and internationalization. Encourage intellectual property service associations or unions to strengthen professional supervision and regulation and strengthen industry self-regulation。
(xi) strengthening protection of intellectual property against external risks. Strengthening of guidance on intellectual property risk protection for offshore investment projects, and guidance to enterprises on protection against intellectual property risks in export and import trade, in cases involving the import and export of technology, for authorization or registration in accordance with the law. Improving mechanisms for communication of information on foreign intellectual property and studying the feasibility of monitoring intellectual property trade statistics. The internationalization of our enterprises is effectively supported by the publication of an analysis of early warning of intellectual property rights in the foreign domain in priority areas and a report on the state of the environment of intellectual property in priority countries and regions。
Iv. Sound intellectual property governance regimes and improved regulatory standards
(xii) lead enterprises to standardized management of intellectual property rights. Implementation of the project to standardize the management of intellectual property in enterprises, promotion of national standards for the management of intellectual property in enterprises, guidance for enterprises to strengthen their intellectual property administration and management systems, and integration of regulatory management into the whole process of enterprise production operations. Develop consistent certification bodies for regulatory norms and regulate certification. (c) promote the regularization of the management of intellectual property rights (iprs) of enterprises by using the certification of the rules governing the management of iprs as an important reference for scientific and technological projects, as well as for the identification of high-technology enterprises, model enterprises and niche enterprises. Support small and medium-sized enterprises (smes) to reduce management costs through the use of ipr centralized management, commissioning, etc。
(xiii) promotion of the whole process of intellectual property administration of science and technology projects. (c) fully integrate intellectual property rights (ipr) management into the process of management of major science and technology-specific and national science and technology plans. In the context of high-technology industrialization projects, major technology upgrading projects and major national science and technology projects, the establishment of a system of intellectual property commissioners has been explored to strengthen intellectual property management in the development, implementation, acceptance, evaluation and translation of results and operation of research projects. To encourage institutions of higher learning and scientific research in a position to do so to set up institutions for the management of intellectual property and to transform them into one institution for the management of intellectual property。
(xiv) establishing a sound intellectual property asset management system. Establish a sound system for assessing the value of intellectual property assets. Helping enterprises to make a scientifically sound distinction between the costed and capitalized components of intellectual property development that accurately reflect the recorded value of intellectual property assets in accordance with the relevant provisions of enterprise accounting standards. Scientific accounting of intellectual property assets acquired by enterprises on their own initiative, externally purchased and invested, regulates the disposition and operation of intellectual property assets by enterprises in the context of activities such as mergers and acquisitions, stock transfers and outward investment. Advance the management of software assets and establish a mechanism for the formalization of enterprise software. Develop guidelines for disclosure of intellectual property assets of listed companies to guide enterprises in the timely and reasonable disclosure of intellectual property information。
(xv) encourage social organizations to strengthen industry management. Social organizations such as associations, chambers of commerce and others are encouraged to set up intellectual property authorities and support social organizations in carrying out intellectual property identification, advice, training, advocacy and mediation activities in accordance with the law. New wipo, such as the development intellectual property alliance, is encouraged to centralize the management of intellectual property resources in the industry and explore mechanisms for intensive application and protection. To guide social organizations in the self-regulatory regulation of intellectual property rights in the sector and in their self-regulating and joint defence role. Establishment of specialized mechanisms to facilitate regular and easily accessible channels of communication between social organizations and governments。
Innovative intellectual property service delivery and quality public services
(xvi) enhancing the capacity of intellectual property review services. Improved standards for intellectual property review, innovative methods of review, introduction of e-applications and more efficient reviews. Establish a system of good faith records for patent applicants, strengthen controls and regulate patent applications. To improve the policy of funding patent applications and promote the quality of patent applications, with a view to optimizing their quality. Improving the mechanisms for examining and contesting trademarks and evaluating hearings and further enhancing the effectiveness of trademark registration reviews. Strengthening the copyright registration system and expanding the coverage of copyright registration。
(xvii) upgrading the level of service utilization of intellectual property rights. Promote connectivity of intellectual property platforms such as patents, trademarks and copyrights, enhance the sharing of information on basic intellectual property rights and open access to basic information that can be useful to society. Promote public access to intellectual property management and law enforcement information. Supporting the establishment of social services platforms in priority areas and industries through government purchasing of services. The establishment of “one-stop” intellectual property services in priority industrial clusters and parks with functions such as processing, consulting, training and information services. Encourage the establishment of multi-party intellectual property operations centres that are participatory, open-ended, resource-sharing and that combine transaction, assessment and investment finance services. (c) explore the establishment of a centralized business model for the capitalization of intellectual property, especially patented technology, in institutions of higher learning and scientific research and for the activation of intangible assets. (c) to direct the social forces to conduct extensive training in intellectual property rights. Support to market owners in developing intellectual property management systems and tools. Encourage the use of advanced information technology (it) for innovative intellectual property information service (ipr) models to promote synergistic innovation development。
(xviii) increase the level of intellectual property rights protection services. Improve mechanisms for reporting complaints of intellectual property rights, strengthen the establishment of a platform for reporting complaints of intellectual property abuse hotlines and share information, and develop an electronic database for reporting complaints. Strengthening of the support centres for the defence of intellectual property rights, regulating their operation and expanding the pool of human rights volunteers and supervisors. In response to industrial clusters with a strong demand for intellectual property protection, explore mechanisms for the rapid protection of patents to provide rights-holders with such services as quick identification, advocacy, etc. Improve the corporation's overseas intellectual property rights assistance mechanism and explore the development of a corporate emergency response to intellectual property disputes abroad。
Vi. Strengthening organizational safeguards and results of measures
(xix) strengthening organizational leadership. The joint inter-ministerial meeting on the implementation of the national intellectual property strategy will strengthen the promotion of mechanisms, improve the capacity of intellectual property management and services, and organize coordinated implementation. There is a need for greater coordination and coordination among the relevant departments, for better guidance of local efforts, and for regular monitoring and inspection to ensure that policies are implemented. Governments at all levels need to strengthen their intellectual property strategy coordination structures, integrate intellectual property management into their important work agendas, and pool resources to promote the implementation of policy measures. Regional and related sectors need to work together to develop complementary policies to strengthen the management of intellectual property and actively explore and steadily advance innovations in intellectual property management models。
(xx) enhanced management workforce development. Improve the system of evaluation of technical expertise in intellectual property, include intellectual property professionals in job-title evaluation, strengthen the evaluation of talent levels, and promote the growth and rational mobility of talent. Institutions of higher learning are encouraged to develop intellectual property subjects and develop highly qualified intellectual property professionals. Support for the development of a cadre of intellectual property commissioners in institutions of higher learning and research institutes, and the development and training of a pool of people familiar with technological frontier dynamics, intellectual property law and management. To improve the return incentives for high-level talent, giving priority to the introduction of intellectual property strategies to implement the much-needed high-level management skills abroad。
(xxi) guarantee the investment of funds. Innovative investment mechanisms, as well as financial resources, have been instrumental in attracting social funds for intellectual property management and operational platform building, and multi-channel financial security mechanisms have gradually been established. The costs of intellectual property services for the units covered by the national science and technology plan (special, funds, etc.) shall be covered by the project budget. (c) increase local financial security to ensure that efforts are carried out successfully。
(xxii) enhanced supervision of examinations. Develop a system of statistical indicators on intellectual property, integrate intellectual property indicators into the survey of economic and social development statistics, and regularly evaluate and publish the state of intellectual property development. Establish a system of sound performance appraisal indicators for intellectual property administration, with public service levels and service effectiveness at the core, and upgrade management and service capacity. (c) to guide enterprises in establishing a system of evaluation of intellectual property performance, with science guiding the creation and application of intellectual property。
