Circular of the national intellectual property authority on the publication of the national programme of work on the administrative protection of intellectual property, 2023
State notification. Number four
Intellectual property directorates of provinces, autonomous regions, municipalities directly under the central government and xinjiang production corps:
The national work programme on the administrative protection of intellectual property, 2023 (hereinafter referred to as the work programme), is being issued to you for practical follow-up。
The implementation of the work programme at the local level and its effectiveness will be included in the performance appraisal of administrative protection of intellectual property in 2023. The implementation programmes, semi-annual and year-round summaries of the work of the provincial intellectual property offices are to be submitted to the intellectual property protection division of the national intellectual property directorate by 15 march, 1 july and 1 december 2023, respectively, and electronic copies are sent to the contact mailbox。
This information is being communicated。
National intellectual property agency
1 march 2023
National programme for the administrative protection of intellectual property, 2023
In order to fully implement the party's twenty-year spirit, the party's central and state council decision-making on strengthening the protection of intellectual property rights in all its aspects is being seriously implemented. The work programme is being developed in accordance with the requirements of the national conference of directors of intellectual property rights and the working group on intellectual property protection held in 2023。
I. General requests
In keeping with xi's new era of china's socialist philosophy, the party's 20 spirit and the spirit of the central economic work conference are being fully implemented, the important message of xi's secretary-general during the twenty-fifth collective learning session of the 19th central political bureau is being followed up, the intellectual property protection and application plan of the 14th national intellectual property protection plan (2021-2035), the opinions on the strengthening of intellectual property protection (hereinafter referred to as the opinions) and its promotion plan are being put in place, the rule of law is being strengthened, the protection of property rights is being strictly enforced, the reform is being driven, the quality of the reforms is being promoted, the administrative protection of intellectual property rights is being comprehensively strengthened, the administrative protection of intellectual property rights continues to be strengthened, the administrative protection of intellectual property rights is being promoted in a high-quality manner, the level of protection of intellectual property rights is constantly being raised, and the protection of intellectual property rights is being maintained in order to support the efforts to accelerate the development of the intellectual property rights powers and the full modernization of the socialist countries。
Ii. Main mandate
(i) enhanced administrative protection of guarantees of the rule of law
1. Further implementation of the views and their plans for advancement. (c) to uphold territorial and sectoral responsibilities, to exercise due diligence in the protection of intellectual property rights, and to promote high standards in the implementation of the ipr protection policy mandate. Using the results of the 2022 ipr protection examination, the inspection test was effectively used as a “command stick” and the examination examination was conducted to correct weaknesses. (c) continue to promote the inclusion of intellectual property protection in the central inspection scheme, continue to provide oversight incentives for work related to intellectual property protection, undertake ipr protection screening and ensure that priority aspects of intellectual property protection are effective. Ongoing annual surveys on social satisfaction with intellectual property protection, continuing to explore the assessment of the level of intellectual property protection and advancing the development of a stereo-evaluation system for intellectual property protection。
2. Practically fulfil the role of standard guidance for law enforcement protection. Continue to refine the standards for patent and trademark enforcement, to further implement the trademark tort determination standards, the standard for general contravention of trademarks and their understanding and application, to apply strict rules for the application of law enforcement normative documents, such as the guidelines for the administration of administrative decisions on patent torts disputes, in administrative decision-making cases, and to actively promote the harmonization of administrative enforcement standards with standards for the administration of justice, with a view to taking full advantage of the normative role of the standard guidance. (c) undertake research on the identification of intellectual property rights in new and emerging areas, and improve the methodological means of intellectual property identification to take full advantage of its positive role in intellectual property law enforcement. Increased implementation of technical standards for the protection of geographical indications。
3. Promote improved implementation of intellectual property protection systems. The amendments to the trademark act and its implementing regulations will be advanced in conjunction with the completion of the amendments to the regulations on the application of patents act. Actively promote specific legislation on geographical indications, the implementation of a uniform system of identification of geographical indications, and the integration and smooth transition of agricultural-related policies. (b) to promote a sound legal system for the protection of intellectual property rights, to establish local regulations and regulations for the protection of intellectual property rights, to administer them strictly in accordance with the law and to enforce them. Encourage active exploration of new business intellectual property protection strategies, pathways and approaches in new areas such as big data, artificial intelligence, genetic technology, etc. Continuously improving the interface between the executive branch and the judiciary to strengthen the intellectual property protection system. Increase the level of enforcement of administrative decisions on patent infringement and ensure that measures such as administrative sanctions, joint disciplinary measures, and credit supervision are enforced。
4. Strictly combat irregular patent applications and malicious registration of trademarks. Continuous regulation of patent applications, establishment of a rapid disposal linkage mechanism, improvement of the system of accurate management lists for patent applications, development of active verification and reporting mechanisms, and strengthening of credit regulation and policy controls for entities and individuals submitting irregular patent applications. To strengthen the control of key violations, such as fraudulent patenting of identity information of others, to detect suspected crimes in the course of their work and to inform or refer them to the judiciary in a timely manner. Timely disposal of leads on priority issues of irregular patent applications from higher offices and departments, regional transfers and cases of malicious registration of trademarks。
(ii) building the foundations for administrative protection
5. Increasing the number of administrative decisions in patent infringement disputes. Clear access to administrative decisions, simplify procedures and apply summary procedures to eligible cases. Administrative decisions in cases of major patent tort disputes and early resolution of pharmaceutical patent disputes are regulated by law. (c) increase its efforts to handle patent infringement disputes involving private and foreign enterprises, and to prevent and mediate for violations. (b) effectively and effectively address patent duplicates, group abuses, malicious violations, etc. Further strengthen the normative aspects of administrative decision-making, invest in improving the operational capacity and level of law enforcement, develop sound administrative decision-making mechanisms for cross-regional patent infringement cases, and increase cross-regional, cross-sectoral case-processing collaboration, standards interface and business exchanges. Further improvement of the system of technical investigators and the system of identification of disputes over infringement of intellectual property rights。
6. Guidance for enforcement of trademark protection cases. In accordance with the working method for administrative protection of intellectual property, it regulates the handling of cases and improves their quality. Strict regulation of trademarks and greater regulation of violations of the trademarks, such as the use of trademarks in violation of prohibitions on the line. Focusing on key aspects such as trademark printing and production flows, efforts have been made to improve operational guidance on cases involving large areas, long duration, large amounts of money involved and high levels of social concern for serious violations. (b) to ensure that companies that issue licences comply strictly with their obligations to verify trademarks and to prevent their infringement。
7. In-depth monitoring of the protection of geographical indications. Implementation of the “xivv” plan for the protection and use of geographical signs to accelerate the implementation of the priority tasks of the “xivv” geographical sign. Organization of work on the protection of geographical indications and strengthening of the supervision of their protection. The regulation of the protection of geographical indications and their registration as collective trademarks is incorporated into the day-to-day regulation, with a focus on site control and quality control of features, increasing the scope, proportion and frequency of spot checks and achieving high-level protection of geographical indications, high-standard management and high-quality development. Active promotion of the implementation of the central european cooperation agreement on the protection and enforcement of geographical indications and continuous strengthening of day-to-day monitoring, rapid disposal and enforcement links to the first effective lists。
(iii) enhanced areas of focus and key elements of administrative protection
8. Strengthening the protection of foreign-related intellectual property rights. Improved implementation of the regional comprehensive economic partnership agreement to facilitate new progress in the mutual recognition of geographical indications in china and thailand. To improve the system of review of foreign transfers of intellectual property and to strictly regulate foreign transfers of intellectual property for the export of technology in accordance with the law. Further improvement of the mechanism of guidance on responding to overseas intellectual property disputes, capacity-building of overseas intellectual property dispute management centres and sub-centres, timely monitoring of information on significant overseas intellectual property disputes, effective enhancement of information-sharing and exchange abroad, upgrading of emergency response and development of overseas risk warning and control systems, where appropriate。
9. Strengthen security for major events and nodes. International events such as the 19th asian games, the 31st world university summer games, the manned space engineering series of china, and the protection of special markings related to major engineering. In strict compliance with the guidelines for the protection of intellectual property rights at fairs, there is a need to strengthen the pre-execution, inspection and post-exposure inspection of intellectual property rights, to coordinate efforts to prevent, mediate and investigate violations of intellectual property rights, and to effectively maintain the intellectual property protection order at major exhibitions such as the china international import fair, the china international trade in services fair, the china import and export commodity fair and the china international consumer goods fair. Focusing on important festivals such as the “five ones”, the mid-autumn and the national days, developing issue-oriented plans, undertaking specific actions to respond quickly and effectively to various emergencies. (c) to increase risk screening at time points where products are listed on a quarterly basis, to create a fair and equitable market environment, to help revitalize villages and increase farmers ' incomes。
10. Highlight population hot spots and priority areas of protection. (c) continue to strengthen the administrative protection of intellectual property rights over such priority areas as food medicines, farming, cement, public health and low-carbon green technologies that are of public interest and interest to the population, in particular for goods such as human goods, agricultural and rural areas, internet markets, food, and products that affect the vision of children and young people. (d) to cooperate with efforts to address the problem of “black-down” market flows, and to bring to the attention, in a timely manner, criminal and industrial leads for intellectual property protection. Special work on geo-marking is being organized to focus on primary agricultural products, processed food, potables, handicrafts, etc。
11. Focus on new markets and critical chain protection. (c) continue to promote the development of normative markets for intellectual property protection and the implementation of national standards for the protection of intellectual property rights in commodity-trading markets, and identify new national normative markets for intellectual property protection. Clearing channels for reporting complaints, improving dispute resolution mechanisms and efficiently resolving all types of intellectual property disputes. Ongoing progress in the implementation of national standards on the management of intellectual property protection on e-commerce platforms, leading to the implementation of full-process management and protection of intellectual property rights on electrical platforms. (b) upgrading the level of governance of on-line abuse and counterfeiting, increasing the frequency of spot checks of information authorized by the intellectual property rights of operators on the platform, and improving integrated protection on-line off-line。
(iv) optimization of administrative protection mechanisms
12. Continuous strengthening of the full chain of intellectual property protection. Quality promotion of the development and efficient operation of the national intellectual property protection centre and the rapid defence centre, and in-depth pilot work on the rapid processing of intellectual property disputes. (b) continuous improvement of the “national network” of assistance for the defence of intellectual property rights, with a view to improving the standardization and standardization of assistance for the defence of human rights. Strengthening of intellectual property dispute mediation organizations and teams and continuous promotion of online interface of intellectual property disputes. Strict enforcement of intellectual property rights credit regulations and mandatory recognition and sanction for breach of trust. (c) to promote the regulation of credit-based classification in the area of intellectual property rights, with a focus on strengthening credit regulation for irregular patent applications, trademarks, etc。
13. Actively explore new models of digital protection. Actively addressing new situations in the administrative protection of intellectual property rights under new technologies, new industries, new business practices and new models, maintaining innovation-driven reforms, encouraging digital reform in the area of intellectual property protection, exploring new applications of new technologies such as the internet, big data, cloud computing, artificial intelligence, block chains, etc., and vigorously promoting innovation in digital governance models for intellectual property protection. Upgrading the level of administrative decision-making lines, promoting a shift in intellectual property protection from one-way management to two-way interaction, and from a downward to an online integration, and continuously exploring the establishment of an intelligent, efficient and synergistic digital intellectual property protection system。
14. Investing in pilot demonstration leadership. (c) conducting the process of building and selecting a second series of model zones for national intellectual property protection, strengthening policy support, focusing on deepening reforms, increasing investment of resources, drawing up a set of model zones and creating highlands for intellectual property protection. In-depth promotion of the pilot of the approval reform for the construction of geographical marker product protection model areas and the use of geographical markers, the establishment of a system of improved marking approval, write-off and monitoring of geographical markers, and the enhancement of the normative aspects of their use. The pilot project on the standardization of administrative decisions on patent infringement disputes has been stepped up. It has led to the initiation of pilot projects on the standardization of administrative decisions in municipalities and counties in areas where conditions are ripe。
Iii. Working requirements
(i) strengthened organizational leadership
High priority is given to the organization and implementation of practical implementation programmes or work plans in the field, the refinement of working measures, the establishment of workstations, the identification of responsible departments and persons and the implementation of tasks. Increased supervision and inspection to ensure that mandates are in place. Significant information was reported to the local party committees, the government and important questions were promptly referred. · to give credit to the areas where the work has been successful and to those who have done so, to those areas where there have been frequent cases of abuse and fraud and where administrative protection has been inadequate, and to ensure that corrections are made through interviews, specialized supervision, etc。
(ii) enhanced operational guidance
(b) to improve the system of municipal and provincial district-level enforcement guidance, strengthen the operational guidance for intellectual property law enforcement in general, and further implement the standards governing the handling of intellectual property cases. Innovative ways of continuously conducting annual reviews of the administrative protection of intellectual property. In the case of difficult cases reported by subordinates, etc., careful examination of the case, forensic analysis and timely response are carried out in accordance with the relevant provisions of administrative protection requests. Actively preparing the selection and publication of selections of typical and guiding cases of annual administrative protection of intellectual property and strengthening positive incentives。
(iii) focus on synergy
Increased awareness of responsibility and synergy with the authorities involved in market regulation, as well as coordination and cooperation with the people's courts, prosecution and public security organs, and the establishment of permanent liaison mechanisms and joint efforts. Actively broadening the scope of cross-regional cross-sectoral administrative protection collaboration, strengthening the interface between administrative and criminal justice protection, and promoting the implementation of judicial recognition mechanisms for administrative mediation agreements. To deepen cross-regional collaboration on the administrative protection of intellectual property rights in 12 provinces and cities, five in north china (districts and cities), nine in the yellow river basin and eighteen in the city of jin yuru, and to strengthen cross-regional cross-sectoral law enforcement exchanges. Continuous development of mechanisms for linking work with the electric power platform and dissemination of information to improve the efficiency of protection on the internet。
(iv) enhanced advocacy training
Improvement of the standardized training system for administrative protection, innovative business training, case studies, advocacy, etc., to improve the political quality and operational capacity of law enforcement officers at the grass-roots level. To improve the capacity to monitor, inform and respond to situations of great concern. Increased efforts have been made to publicize the relevant expertise in the protection of patents, trademarks and geographical indications, and to publish annual white papers on the state of intellectual property protection in china and typical cases of influence. Taking full advantage of such important opportunities as world intellectual property day and the national intellectual property awareness week, a major effort has been made to focus on advocacy, policy interpretation and the development of a comprehensive and multi-level dissemination matrix to enhance society's awareness of and respect for intellectual property rights。
