Notification from the department of intellectual property of guizhou on the publication of the opinion on the implementation of the decision of the office of intellectual property of guizhou system to strengthen the enforcement of patent administration
(doc #23)
Municipal (state) intellectual property directorates:
In follow-up to the decision of the national intellectual property authority to strengthen the enforcement of patent administration, and in line with the requirements of the 2013 plan for the furthering of the work of my provincial strategy for the development of patents, our bureau has revised the implementation opinion issued in april 2012 on the implementation of the decision of the state intellectual property agency on the implementation of the state intellectual property system in guizhou on the strengthening of the enforcement of patent administration, which is now being issued as an implementation opinion on the implementation of the decision of the state intellectual property authority office on the strengthening of the enforcement of patent administration。
Attached is the opinion on the implementation of the decision of the national intellectual property authority to strengthen the enforcement of patent administration。
Guizhou intellectual property authority
20 december 2013
Implementation of the decision of the national intellectual property authority on strengthening the enforcement of patent administration
To follow up on the decision of the national intellectual property authority to strengthen the enforcement of patent administration, to consolidate the foundations of our provincial patent administration enforcement, to continuously improve our provincial patent administration enforcement mechanisms, to further enhance our provincial patent enforcement capacity, to strengthen the fight against patent infringement and fraudulent patent violations, to create an environment conducive to innovation development, to maintain a level playing field market order and to promote the development of science, technology and innovation in our province, the following recommendations are made for implementation。
I. Strengthening institutions to property property
Strengthening legislation. Speed up the process of amending the guizhou patent protection ordinance and reformulating the guizhou patent ordinance with a view to its implementation through the standing committee of the provincial people's congress in 2014。
Establishment of a province-wide supervisory system for patent administration enforcement cases. The provincial intellectual property authority oversees or registers patent infringement cases and fraudulent patent cases in the more influential administrative districts of the municipalities (states) and follows up on the process in a timely manner. The municipal (state) intellectual property authority, which is under its supervision, should process and report cases to the supervisory authority as soon as possible and in a timely manner in order to improve the efficiency of law enforcement。
Establish targeted accountability for patent administration enforcement, strengthen market regulation responsibilities and maintain a sound environment for innovation development. In accordance with the evaluation standards for the enforcement of patent administrations and the reporting of complaints for the defence of rights, developed by the national intellectual property authority, the number of cases handled, the quality of complaints filed, and the number and quality of complaints filed are the main elements in the development of annual objectives for the enforcement of patent administration, the conduct of comprehensive and objective evaluations of enforcement, and the promotion of enforcement of patent administration for economic and social purposes。
Ii. Establishing mechanisms to improve enforcement of patent administration and improve its effectiveness
Strengthening enterprise patent protection services and guidance. Municipal (state) intellectual property offices (ipbs) are required to deepen the services and guidance of patent protection in their enterprises, to enhance the initiative of the patentee in their services, to fully perform ex officio investigative evidentiary functions in accordance with article 35 of the patent administrative enforcement act, and to further enhance the administrative protection of patent rights in our province。
Operationalization of law enforcement collaboration mechanisms. In line with the requirements of the inter-municipal and state cooperative law enforcement mechanisms, efforts are being made to strengthen the reporting of cases, case conferences and joint case investigations, so as to combine efforts to combat cross-municipal (state) violations of patent rights and the sale of counterfeit patent products. The provincial intellectual property authority organizes inter-provincial law enforcement collaboration and directs municipalities (states) to cross-regional law enforcement collaboration。
Deepening the priority linkage mechanism for patent protection. The municipal (state) intellectual property offices carry out outreach campaigns on intellectual property laws and regulations, such as patent laws, for enterprises that have a significant impact on the economic and social development of the region, understand the need for enterprise patent protection, select qualified enterprises for the national focal point mechanism for patent protection and for the criminal law enforcement protection of intellectual property in the provincial public security offices, and provide public services to promote self-employment and market competitiveness。
Operation of the patent administrative enforcement and criminal justice interface mechanism. The municipal (state) intellectual property offices will strengthen their collaboration with local public security bodies and the public prosecutor's office to promote the interface between patent administration and criminal justice. In the course of law enforcement checks, cases and leads of alleged fraudulent patenting, patent fraud are duly referred to the public security authorities or provided with clues, and criminal offences of fraudulent patenting and patent fraud are legally combated. Incorporate “two-law interface” information into local administrative enforcement and criminal justice interface information-sharing platforms, and interconnect and share proprietary administrative enforcement information with judicial enforcement information。
Establishment of a monitoring mechanism for social credit evaluation for patent protection. The provincial and municipal (state) intellectual property offices are expected to strengthen their own capacity-building in law enforcement, strengthen their duty to protect patent rights under patent law, improve their handling and handling of patent infringement cases under the law, and increase their administrative protection of patents and social oversight。
Establishment of disciplinary mechanisms for breach of trust by market agents. Establishment of a good faith information file for enterprises and self-employed persons, which will make available to the public information on the market, at fairs and on the internet about violations of patent rights and the sale of fraudulently patented goods by enterprises and individual entrepreneurs, and will punish fraudulently fraudulently de-trusted persons and create an environment of good faith。
Strengthening the dissemination of patent information. Further strengthen the dissemination, disclosure and use of patent administrative enforcement information. Municipal (state) intellectual property offices are required to provide timely information on law enforcement and case statistics。
Iii. Strengthening market regulation, combating patent infringement and fraudulent sale of patented goods and regulating market order
Strengthening law enforcement. The state council, the national intellectual property administration and the people's government of guizhou have been carefully followed up on their efforts to combat the violation of intellectual property rights and the sale of counterfeit and false goods. They have included in their annual objectives the fight against the violation of intellectual property rights and the sale of counterfeit and counterfeit goods. They have actively organized and examined the work of combating the violation of patent rights and the sale of counterfeit and counterfeit patented goods. Establish a system for the publication of law enforcement cases and publish annual law enforcement statistics on the provincial intellectual property authority portal. Under the guidance of the national intellectual property agency and in the light of national law enforcement developments, guidance is provided on law enforcement on issues of a general and trendive nature。
Specialized market management. In the context of enforcement to combat patent infringement and the sale of counterfeit patents, and in the context of a breakthrough in the management of professional markets, the organization of municipal (state) and county (district) municipal major professional markets, supermarket (market) activities to identify fraudulently patented goods, the provision of guidance and assistance to professional markets, supermarkets (markets) in the establishment of a system for the enforcement of patent infringement and the withdrawal of counterfeit patented goods from the market, the strengthening of the awareness of market subjects to respect intellectual property rights and to act in good faith and in accordance with the law, and the exploration of new working mechanisms to regulate the market in the commercial sector by actively preventing sales of patent infringement and counterfeit patented goods from interacting with administrative enforcement。
Enforcing law enforcement. The municipal (state) intellectual property offices (ipbs) carry out the commissioning of enforcement by the district intellectual property bureaus, in accordance with the terms of the guizhou interim scheme for the delegation of law enforcement to patent administrations. An integral combination of applications for law enforcement and designated law enforcement results in more than 60 per cent of county intellectual property authorities being entrusted to law enforcement, with the overall regulation of the market。
Establishment of a market inspection system. The municipal (state) intellectual property authority (ipb) places great emphasis on the important role of patent infringement cases in the service of science, technology and innovation in our province and the “industry power” province, and effectively strengthens its efforts to deal with patent infringement cases, in particular by increasing its efforts to combat intentional patent infringement. To encourage technological innovation and patent conversion by increasing efforts to deal with patent infringement cases and effectively protecting patent rights. Increasing the frequency of market inspections, focusing patent enforcement activities during the “4. 26”, “5. 26”, “on the anniversary of accession”, etc., and severely combating patent and fraudulent patent violations。
Further strengthening of intellectual property protection at fairs. The department of intellectual property of the municipality in which the exhibition is held shall strengthen its contacts with the relevant authorities, establish mechanisms for the management and defence of intellectual property rights at the fair, strengthen its efforts in the investigation and monitoring of patent violations, cases of fraudulent patent sales, coordinate the protection of intellectual property rights, regulate, defend rights, report complaints and maintain the order of trade at the fair。
Improving mechanisms for reporting complaints of intellectual property rights and assisting in their defence. (c) to accelerate the improvement of mechanisms for reporting complaints and defending intellectual property rights, to disseminate and implement widely the system of incentives for reporting complaints, to provide incentives for those who report complaints that provide important leads and multiple leads, and to encourage intellectual property rights holders and all sectors of society to report and report violations of intellectual property rights and the counterfeiting of intellectual property. (c) to increase public awareness and efficiency of public services by increasing the number of telephone calls for assistance in the defence of intellectual property rights and for reporting complaints。
Iv. Strengthening the capacity of the workforce to enhance administrative protection of patent rights
Strengthening law enforcement capacity-building. The training of law enforcement officers in municipal (state), county (city, district, district) patent administration continues to be strengthened, providing conditions for the municipal (state) intellectual property bureau to promote the commissioning of law enforcement by the county (city, district) intellectual property bureau. The municipal (state) intellectual property authority (ipb) is expected to enhance the operational guidance and training of law enforcement personnel in patent administration of the district intellectual property authority and to continuously improve the level of enforcement. Continue to conduct business seminars and exchange of experiences on patent administration throughout the province, organize training and training of law enforcement personnel in operational studies, accelerate the development of a cadre of law enforcement operations and continuously improve the level of our provincial patent administration enforcement。
Improve law enforcement conditions. The intellectual property directorate at all levels is to increase its investment in law enforcement equipment, upgrade, distribute equipment such as photographic equipment and laptops, equip law enforcement vehicles and continuously improve the conditions for law enforcement。
Strengthening information building for law enforcement. Establishment of a standardized patent enforcement filing system, as required by the national intellectual property agency. Speed up the development of an information platform for patent administration enforcement and a platform for intellectual property reporting complaints and assistance in the defence of rights, and legally announce decisions on handling patent infringement cases and decisions on administrative penalties for fraudulent patents. The establishment of a sound electronic database of complaints filed by intellectual property and assistance in the defence of human rights, the promotion of information on intellectual property rights assistance and reporting of complaints, the continuous upgrading of information services, the implementation of strategic services for science, technology and innovation, the protection of intellectual property rights, and the implementation of industrial projects。
