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How to build an intellectual property power
Building an intellectual property power is a systematic project. Please refer to the summary of the State Intellectual Property Office's "Reform, Innovation, Striving to Promote and Implement Intellectual Property Strategies and Strive to Build an Intellectual Property Power": Focusing on the overall situation of the country's economic and social development, and striving to build Intellectual Property Power
Questioners may also refer to: Notice of the General Office of the State Council on Forwarding Intellectual Property Offices and Other Units to Deeply Implement the National Intellectual Property Strategic Action Plan (2014-2020) Guobanfa [2014] No. 64 Pointed out:
2. Main actions
(1) Promote the creation and application of intellectual property rights and support industrial transformation and upgrading.
——Promote the development of intellectual property-intensive industries. Pay more attention to the quality and efficiency of intellectual property rights, optimize industrial layout, guide industrial innovation, and promote the upgrading of industrial quality and efficiency. For industrial clusters, industries and enterprises, implement patent navigation pilot projects, carry out patent layout, form a batch of patent portfolios in key technical fields, and build patent reserves that support industrial development and enhance corporate competitiveness. Strengthen the collaborative use of patents, promote the construction of patent alliances, and establish a national patent operation and industrialization service platform with industrial characteristics. Establish an efficient and supportive working mechanism for the development of the patent navigation industry. Improve the patent collaborative application system led by enterprises and participated by multiple parties, form a patent trading market system with resource aggregation and active circulation, and promote the healthy development of patent operation formats. Release a report on the patent development situation of strategic emerging industries. Encourage qualified regions to develop intellectual property-intensive industries with regional characteristics and build a coordinated development pattern of industries with complementary advantages. Build a number of intellectual property-intensive industrial clusters, implement intellectual property cluster management in industrial clusters, and build industrial competitive advantages. Encourage the innovation of business models in the cultural field, strengthen the development and construction of cultural brands, establish a number of copyright trading platforms, activate the dissemination of cultural and creative products, and enhance the core competitiveness of the cultural and creative industries.
——Serving the development of modern agriculture. Strengthen the creation and application of new plant varieties, agricultural technology patents, geographical indications and agricultural product trademarks, and promote the development of agriculture in a modern direction with advanced technology and equipment and obvious comprehensive benefits. Support the cultivation of new varieties and promote the transformation of breeding innovation results into new plant variety rights. Using the sharing of intellectual property rights benefits as a link, we will strengthen collaborative innovation between seed companies, universities, and scientific research institutes, establish an open platform for variety rights transfer and transactions, and increase the added value of agricultural product intellectual property rights. Increase the weight of intellectual property indicators in agricultural science and technology evaluation. Improve the level of agricultural machinery research and development, strengthen the layout of agricultural machinery patents, and establish a number of strategic alliances for industrial technology innovation. Vigorously promote agricultural standardization and accelerate the improvement of the agricultural standard system. Establish a joint recognition mechanism for geographical indications. Promote an agricultural product management model that closely integrates farmers, bases, leading enterprises, geographical indications and agricultural product trademarks.
——Promote the development of modern service industry. Vigorously develop the intellectual property service industry, expand service scale, improve service standards, improve service quality, and promote the high-end development of the service industry. Cultivate the intellectual property service market and form a number of intellectual property service industry clusters. Establish and improve intellectual property service standards and regulations, and strengthen supervision of service agencies and practitioners. Give full play to the role of industry associations and strengthen self-discipline in the intellectual property service industry. Support banks, securities, insurance, trusts and other institutions to widely participate in intellectual property financial services, and encourage commercial banks to develop intellectual property financing service products. Improve the intellectual property investment and financing service platform and guide enterprises to expand the scope of intellectual property pledge financing. Guide and encourage local people's governments to establish credit risk compensation funds for small and micro enterprises and provide key support for intellectual property pledge loans. Risk compensation will be provided for scientific and technological achievements transformation loans through the National Science and Technology Achievements Transformation Guidance Fund. Increase the variety of intellectual property insurance, expand the scope of intellectual property insurance pilots, and accelerate the cultivation and standardization of the intellectual property insurance market.
(2) Strengthen intellectual property protection and create a good market environment.
——Strengthen the disclosure of information on administrative enforcement of intellectual property rights. Implement the "Notice of the State Council Approving and Transmitting the Opinions of the National Leading Group on Combating the Infringement of Intellectual Property Rights and the Production and Sale of Counterfeit and Shoddy Goods on Disclosing Information on Cases of Administrative Penalties for the Production and Sale of Counterfeit and Shoddy Goods and the Infringement of Intellectual Property Rights in accordance with the Law (Trial)" (State Council [State Council] 2014〕No. 6), solidly promote the disclosure of information on administrative penalty cases for intellectual property infringement, deter violators, and at the same time promote law enforcers to standardize, fair and civilized law enforcement. Incorporate case information disclosure into the scope of statistical reporting on combating infringement and counterfeiting and strengthen assessment.
Explore the establishment of credit standards related to intellectual property protection, incorporate malicious infringement into the social credit evaluation system, disclose relevant information to credit agencies, and improve the social credit level of intellectual property protection.
——Strengthen the administrative enforcement of intellectual property rights in key areas. Actively carry out special law enforcement actions, focus on investigating and handling cross-regional, large-scale and strong social repercussions of infringement cases, and intensify the crackdown on intellectual property infringements in areas such as people's livelihood, major projects, and advantageous industries. Strengthen law enforcement cooperation, infringement determination consultation and rapid dispute mediation. Strengthen the protection of intellectual property rights in large commercial venues and exhibitions. Urge e-commerce platform companies to implement relevant responsibilities, urge postal and express delivery companies to improve and implement the acceptance and delivery inspection system, and explore ways to strengthen the intellectual property supervision of cross-border trade e-commerce services. Strengthen the copyright supervision of audio-visual programs, literature, game websites and online trading platforms, standardize the use of online works, severely crack down on online infringement and piracy, and optimize the technical means of online supervision. Carry out an investigation on the status of intellectual property protection in domestic free trade zones, explore ways to strengthen intellectual property supervision in the production, processing, and transshipment of goods, innovate and timely promote the customs protection model of intellectual property, and strengthen the law enforcement of intellectual property rights in domestic free trade zones in accordance with the law. Strictly crack down on infringements of imported and exported goods in accordance with the law.
——Promote the legalization of software. Implement the "Notice of the General Office of the State Council on Issuing the Management Measures for the Use of Genuine Software by Government Agencies" (Guobanfa [2013] No. 88), consolidate the results of the genuine work of government agency software, and further promote the genuine software of state-owned enterprises. Improve the long-term mechanism for software legalization work, promote the implementation of software asset management, budgeting, audit supervision, annual inspection reports, assessment and accountability systems, etc., and ensure the normalization and standardization of software legalization work.
——Strengthen criminal law enforcement and judicial protection of intellectual property rights. Strengthen the investigation of criminal cases of intellectual property infringement and supervise the handling of key cases. Adhere to the combination of attack and prevention, and gradually incorporate special attacks into the normal law enforcement track. Strengthen the connection between intellectual property administrative law enforcement and criminal justice, and increase the transfer of suspected criminal cases. Strengthen the trial of criminal cases of intellectual property infringement in accordance with the law, increase the severity of fines, and deprive infringers of the ability and conditions to commit crimes again. Strengthen intellectual property civil and administrative trials and create a good innovation environment. In accordance with the plan for the establishment of an intellectual property court, provide human, financial and material guarantees and support for the establishment and operation of the intellectual property court.
——Promote social prevention and mediation of intellectual property disputes. Explore the use of notarization to preserve intellectual property evidence and related certification materials, and strengthen the notarization of evidence that proves prior use, infringement, and other acts of intellectual property. Carry out docking work between litigation and mediation of intellectual property disputes, standardize the mediation of intellectual property disputes in accordance with the law, improve the industry mediation mechanism for intellectual property disputes, cultivate a group of social mediation organizations, and train a group of professional mediators.
(3) Strengthen intellectual property management and improve management efficiency.
——Strengthen the management of intellectual property rights in scientific and technological innovation. Strengthen the management of intellectual property rights in major national science and technology projects and science and technology plans, and promote the transfer and transformation of intellectual property rights in universities and scientific research institutes. Implement the intellectual property management responsibilities of major national science and technology projects and science and technology plan project management departments, project undertaking units, etc., and clarify the responsible entities. Incorporate intellectual property management into the entire process management of major national science and technology projects and science and technology plans, and establish an evaluation system for intellectual property rights targets after the completion of major national science and technology projects and science and technology plans. Explore the establishment of an intellectual property benefit-sharing mechanism for units undertaking major science and technology projects and participating units. Carry out pilot reform of the use, disposal and revenue management of scientific and technological achievements in central-level public institutions to promote the transformation and application of intellectual property rights. Improve the intellectual property management regulations of universities and scientific research institutes, and encourage universities and scientific research institutes to establish intellectual property transfer and transformation institutions.
——Strengthen intellectual property review. Improve the review system, strengthen review management, optimize review methods, and improve the quality and efficiency of intellectual property review. Improve the intellectual property application and review system, improve the fast track for patent review, and establish a green channel for trademark review and a fast channel for software copyright registration. Highlight the orientation of patent quality in relevant assessments and evaluations, and increase the weight of patent quality index evaluations. Strengthen patent examination quality management and improve patent examination standards. Strengthen the quality monitoring of patent applications and increase the investigation and punishment of low-quality patent applications. Optimize patent examination methods, steadily promote the construction of patent examination collaboration centers, and improve patent examination capabilities.
Optimize the trademark review system, establish and improve a convenient and efficient trademark review collaboration mechanism, improve trademark review standards, and improve the quality and efficiency of trademark review. Improve the testing capabilities of new plant varieties and improve the review system for new plant variety rights.
——Carry out intellectual property evaluation of major economic activities. Conduct intellectual property reviews on major industrial plans, major government investment activities, etc. Strengthen communication and collaboration between intellectual property authorities and industry authorities, formulate and release a guidance manual for intellectual property evaluation of major economic activities, and improve the evaluation service capabilities of intellectual property service agencies. Promote the establishment of an intellectual property evaluation system for major economic activities, clarify the evaluation content, and standardize the evaluation procedures. Guide enterprises to independently carry out intellectual property evaluation work and avoid intellectual property risks.
——Guide enterprises to strengthen intellectual property management. Guide enterprises to improve the standardization management level of intellectual property rights, strengthen the management of intellectual property assets, and promote enterprises to enhance their competitiveness. Establish an intellectual property management standard certification system to guide enterprises to implement intellectual property management regulations. Establish and improve intellectual property value analysis standards and evaluation methods, improve accounting standards and related asset management systems, and promote enterprises to strengthen intellectual property asset management in activities such as mergers and acquisitions, equity transfers, and external investments. Develop intellectual property entrustment management service specifications, guide and support intellectual property service agencies to provide intellectual property entrustment management services to small, medium and micro enterprises.
——Strengthening the management of national defense intellectual property rights. Strengthen the organization and management of the implementation of the national defense intellectual property strategy, accelerate the construction of the national defense intellectual property policy and regulation system, and promote the integration of intellectual property management into all aspects of national defense scientific research, production and equipment procurement. Standardize the ownership and distribution of interests in defense intellectual property rights, and promote the formation of independent intellectual property rights in the field of high-tech and military-civilian integration. Improve the defense intellectual property declassification system, guide superior civilian intellectual property rights into the field of military research and production, and promote the implementation of the two-way military-civilian transformation of intellectual property rights.
(4) Expand international cooperation on intellectual property and promote international competitiveness.
——Strengthen foreign-related intellectual property work. Intellectual property rights shall be protected fairly and equitably, and the intellectual property rights of domestic and foreign enterprises and individuals shall be treated equally and protected equally. Strengthen cooperation with international organizations and consolidate and develop multilateral and bilateral intellectual property exchanges with major countries and regions. Improve the ability to undertake international patent examination business, build a patent examination highway, strengthen international cooperation in patent examination, and enhance the international influence of my country's patent examination business. Strengthen the intellectual property work of embassies and consulates stationed abroad, track and study the intellectual property laws and policies of relevant countries, strengthen the exchange of foreign-related intellectual property information, and do a good job in responding to foreign-related intellectual property rights. Establish and improve multilateral and bilateral law enforcement cooperation mechanisms and promote international customs intellectual property law enforcement cooperation.
——Improve intellectual property rules related to foreign trade. Track the intellectual property negotiation process in various trade zones and promote the formation of intellectual property rules that are conducive to fair trade. Implement the relevant provisions on intellectual property protection in the Foreign Trade Law, study the establishment of a domestic intellectual property protection system for import trade, and conduct investigations into the infringement of China's intellectual property rights by imported products and other unfair competition behaviors in import trade.
——Support enterprises to “go global”. Timely collect and publish information related to intellectual property rights in major trade destinations and foreign investment destinations. Strengthen intellectual property training and support enterprises in deploying intellectual property abroad. Strengthen the collaboration between the government, enterprises and social capital, and explore the establishment of public welfare and market-oriented patent operating companies in key areas such as information technology. Increase the construction of overseas intellectual property rights protection assistance mechanisms, encourage companies to establish overseas intellectual property rights protection alliances, and help companies obtain local intellectual property rights protection in a timely manner. Guide intellectual property service agencies to improve their overseas intellectual property affairs processing capabilities and provide professional services for enterprises to "go global."
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