Market regulators:
In order to follow up on the decisions taken by the party central and the state council on strict intellectual property protection, and to give serious effect to the ccp central committee's views on the improvement of the system of protection of property rights by law, the following regulations are in place:
I. Adherence to the larger picture. Strict intellectual property protection must be aimed at improving institutions, innovative mechanisms and helping to deepen reforms; at regulating competition, strengthening regulation and promoting rule of law states; and at promoting integrity, stimulating innovation and economic development。
Enhanced synergy. Strict intellectual property protection requires the establishment of mutually reinforcing mechanisms for the enforcement of powers, administrative enforcement, judicial administration, judicial assistance, social integrity and conciliation; greater use of the advantages of administrative protection; accelerated improvement of the complementary and organic protection model of the two administrative and judicial avenues; and improved coordination and coordination mechanisms to promote a coordinated, smooth and efficient general protection landscape。
Iii. Focus. Strict intellectual property protection requires an effective strengthening of intellectual property protection at key points and in priority areas, innovative enforcement regulatory mechanisms, increased penalties for abuse and counterfeiting, rapid and concerted protection mechanisms, greater harmonization of mandates, powers and claims, and improved quality and efficiency of intellectual property protection components。
Strengthening law enforcement controls. (b) actively carry out ex post regulatory duties in the field of intellectual property protection. Establish regulatory modalities adapted to new technological developments and patterns of production transactions, improve the system of ex post regulatory policies in the area of intellectual property protection, promote the establishment of sound regulatory rules for intellectual property enforcement, coordinate sectoral and social regulation, integrate on-line and under-line regulation, combine regulatory priorities with general regulation, improve regulatory effectiveness and effectively discharge government regulatory responsibilities。
V. Innovative regulatory approaches. Using a combination of web-based and spot-checking methods, large-data analysis allows accurate detection of false leads on intellectual property abuse. (c) strengthen the monitoring of intellectual property rights abuse fraud risks, deepen information investigations, strengthen risk assessment and implement timely intellectual property abuse fraud risk surveillance measures against intellectual property abuse fraud high-risk businesses and high-risk commodities。
Vi. Strengthening of special care. :: to strengthen the coordination and coordination of special preventive and remedial actions, to promote greater law enforcement and to improve the effectiveness of the response to abuses. To resolutely combat human rights abuses in the areas of food and medicine, daily department goods and so forth, and to effectively defend the vital interests of the people。
Vii. Increased efficiency in case handling. Simplifying procedures and procedures for filing, serving and handling cases. Simplified filing of patent infringement disputes and introduced registration of patent infringement disputes. Establishment of online bulletins to facilitate the delivery of information on cases. In cases where there is sufficient evidence of fraudulent patenting, the decision to stop the forgery is taken on an on-site basis。
8. Advance investigation evidence. It is difficult to prove that rights holders have sufficient and reasonable access to investigative evidence, such as record-keeping, sample evidence and the like, so as to reduce the burden of proof on patent holders as appropriate; when investigating evidence, investigators and enterprises who refuse to cooperate are included in the letter-and-writing system's list in accordance with the relevant provisions. The measures of attachment, seizure, sequestration, withholding, etc. That are granted by law and regulations to the local intellectual property authorities shall be fully exercised in accordance with the law。
Higher level of determination. (c) establish sound advisory mechanisms for the determination of violations, promote the development of a pool of experts in the determination of intellectual property violations, play a full professional role and effectively conduct advisory work on violations in difficult cases. (c) increase the promotion of patent tort determinations and related rules of evidence, and improve the normative and coordinated nature of tort determinations。
Strengthening sectoral collaboration. (c) to take advantage of administrative law enforcement to quickly resolve disputes and stop violations in a timely manner, and to promote the important role of civil protection in patent tort compensation remedies, so as to better complement administrative law enforcement with civil protection. Strengthening the institutional link between administrative and criminal law enforcement, and ensuring that cases are referred to each other in accordance with the law when intellectual property violations are investigated and prosecuted, and imposing severe penalties。
Tsuruf feng county market supervision authority
9 july 2019
