In recent days, the national intellectual property agency has issued the first list of public service matters of the national intellectual property agency (hereinafter referred to as the list) in order to harmonize, in a positive manner, the standardized and standardized content of public services provided to society by the national intellectual property agency and to contribute to the improvement of the quality of intellectual property public services and services。
The preparation and disclosure of the list is an important step in furthering the implementation of the optimization of business environment regulations and in actively promoting reform of “dismantling” in the area of intellectual property rights. It is an important element in promoting the regularization and standardization of intellectual property public services and a basis for the establishment of an intellectual property public service list system, facilitating the dissemination of intellectual property systems and enhancing the effectiveness of intellectual property public services, as well as an important way to stimulate innovation and to bring its benefits to the people. The list, on the one hand, makes public commitments to society to make public matters and access to intellectual property clear and facilitates access to intellectual property services for a wide range of subjects, and, on the other hand, provides a solid foundation for promoting more intellectual property public service matters to facilitate reforms to achieve “one-on-line, co-source, one-size-fits-all” and “undifferentiated” acceptance of public services。
The 19 major reports clearly set out the objectives and tasks of reform “to build a service-based government that is satisfactory to the people”. (c) promoting the transformation of government functions and the building of service-based government, with a focus on strengthening public service functions, transforming them into services, and continuously improving the effectiveness of intellectual property public services. The institutional reform of the state council in 2018 aimed at promoting the optimal synergy and efficiency of the functions of the party and state institutions, the reorganization of the national intellectual property authority, the centralization of the design of trademarks, patents, geographical indications, integrated circuit maps and the historic re-establishment of the intellectual property administration and operational mechanisms. The national intellectual property agency (inip) has strictly implemented the centrally proposed goal of institutional reform, deepening the reform of “de-regulation” in the area of intellectual property and furthering the transformation of government functions。
The preparation of the list, under the new regulatory and operational mechanisms, which focus on “service-type” government building in the area of intellectual property rights, provides a solid foundation for enhancing the effectiveness of intellectual property public services and for promoting evidence-based and evidence-based intellectual property public services. The inventory further clarifies the content and boundaries of intellectual property public services. On the one hand, the list further clarifies the boundaries between public services and the conduct of executive powers. In the list, the administrative powers of the national intellectual property agency, such as the qualification of patent agents, the licensing of patent agencies, the administrative decisions on patent infringement disputes, the selection of patent prizes, etc. Relating to administrative licences, administrative decisions, administrative awards, administrative awards, etc., are outside the scope of the intellectual property public service. However, matters surrounding facilitation services in matters of administrative authority, such as applications for intellectual property rights for the public in society, where the degree of facilitation directly affects the satisfaction and access of the public and applicants in society, are included in the list as a uniform norm in the list of public services matters related to intellectual property. On the other hand, the list strictly defines the boundaries between public and market-based services for intellectual property. The ipr public service is inclusive, supportive, concessional, facilitative and supportive, and is primarily a catalyst for addressing the fundamentals and equilibrium of the ipr service; the ipr market service is a specialized ipr service provided by social service providers to meet the diverse needs of the various subjects, in accordance with market rules and market patterns, highlighting customization, individualization and high-endization. A clear distinction is made between the positioning of public services for intellectual property and market-based services to reflect the performance of public services, to ensure that they are not overstepped, unfilled and well placed, to achieve complementarity with market-based services, to create synergies with market-based services and to produce cumulative effects。
The list captures the attributes of public services in a profound way, both by emphasizing universality, guaranteeing access to relevant service content for the public in society, and by emphasizing accessibility, constantly optimizing service methods and improving service effectiveness. The list specifies that the subject of the service is the relevant department of the national intellectual property office, the relevant department of the patent office, and the trademark office, which officially publicizes 49 matters of intellectual property public service directly carried out by and entrusted to the service provider. At the same time, there is a clear requirement that “provinces' intellectual property directorates, in accordance with the list, draw up lists of public services for the issuance of intellectual property rights in their own sectors, taking into account their own functions and development plans, to provide guidance on how to clarify the scope of intellectual property rights public services in their respective regions. Taking into account regional resource endowments and development priorities, regions are encouraged to provide individualized public service content within their areas of responsibility to better meet the needs of the people of the region for public services in the area of intellectual property。
The list focuses on high-quality development needs and the needs of market owners and contributes to addressing the issue of the public service base and balance of intellectual property rights. Services matters in the list cover the full chain of ipr creation, application, protection, regulation, services, including three categories of ipr application, ipr management-related services and ip information services; identification of basic public service lines and service recipients in “service content”, clear application paths and channels for the provision of related services in “service forms”, clear understanding of the channels and modalities of service delivery for clients with different needs, and promotion of “non-discrimination and standard-setting” in intellectual property public services. On the one hand, the list provides the public in society with basic guidance on the conduct of intellectual property operations by clarifying the way in which and the content of services are provided, addressing key elements of the acquisition, application, maintenance and revocation of intellectual property rights. In matters relating to intellectual property application for services, the list specifies the processing of applications for patents, trademarks, geographical indications, the design of integrated circuits, the payment of fees, and the channels for the conduct of business during the period of acquisition of rights such as patents, trademarks, the review of the design of integrated circuits, etc.; in matters of intellectual property administration services, the listing of matters relating to patents, changes in trademarks, patents, transfers of trademarks, filing of contracts for the execution of licences, processing of statements of patent opening licences, registration of pledges of patents, exclusive rights to registered trademarks, issuance of patent rights evaluation reports, copies of patent registers, certificates of trademark registration, and services during the period of maintenance of rights such as applications for the declaration of invalidity of patents and registered trademarks. On the other hand, the list focuses on the supporting role of intellectual property information for innovation development and provides public service support for innovative entrepreneurs to make better use of intellectual property information. Among intellectual property information services, the list identifies such services as patents, trademarks, geographical indications, integrated circuit chart design information queries, proxy agencies, patent agents, intellectual property public service providers, patent, trademark, integrated circuit chart design files, bulletin access, basic data access, information retrieval analysis, etc., and promotes greater public service availability of intellectual property information to support stronger information services for technological innovation and high-quality economic development。
This inventory is the first step in systematizing the development of a public service list system for intellectual property, which in the future will be refined in line with the changing content and format of public service matters and will be dynamically adapted to facilitate the orderly establishment of a multi-tiered national intellectual property public service list system for classification, dynamic management and adaptation to innovative and high-quality development needs。
Related link: circular of the national intellectual property agency on the publication of the list of public service matters of the national intellectual property agency (first edition)
