Regulations of Xiamen Special Economic Zone on the Promotion and Protection of Intellectual Property Rights

chapter I general provisions article 1 in order to promote the creation and application of intellectual property rights, strengthen the protection and management of intellectual property rights, implement the strategy of strengthening the city with intellectual property rights, and promote innovation-driven development, these regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations and in light of the actual situation of Xiamen special economic zone. Article 2 These Regulations shall apply to the creation, utilization, management, service and protection of intellectual property rights and related activities in Xiamen Special Economic Zone.

the term "intellectual property rights" as mentioned in these regulations refers to the exclusive rights enjoyed by the obligee in respect of works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, layout-designs of integrated circuits, new plant varieties and other objects stipulated by law. Article 3 The promotion and protection of intellectual property rights shall follow the principles of encouraging innovation, effective utilization, scientific management, optimized service and strict protection. Article 4 The municipal and district people's governments shall strengthen their leadership in the promotion and protection of intellectual property rights, incorporate the promotion and protection of intellectual property rights into the national economic and social development plan, and incorporate the funds for intellectual property rights into the fiscal budget at the corresponding level.

the municipal and district people's governments set up leading groups for intellectual property work, improve the work coordination mechanism, and hold joint meetings on a regular basis to promote and solve major problems in the promotion and protection of intellectual property rights.

the municipal people's government has set up an intellectual property expert advisory Committee and an expert database to provide consultation and demonstration services for intellectual property work.

the municipal people's government or its authorized departments regularly publish white papers on intellectual property rights in the whole city. Article 5 The administrative departments of market supervision and management, culture, agriculture and forestry (hereinafter referred to as "administrative departments of intellectual property rights") shall perform their duties of promoting and protecting intellectual property rights according to law.

relevant departments such as development and reform, education, science and technology, industrial credit, judicial administration, finance, commerce, etc. shall do a good job in intellectual property related work according to their respective responsibilities. Article 6 The municipal intellectual property development and protection agency shall cooperate with its competent department to carry out such routine work as intellectual property promotion, protection and public administration. Article 7 Build an intellectual property governance system involving administrative organs, judicial organs, enterprises and institutions, social organizations, new think tanks and service organizations, enhance the awareness of the whole society in promoting and protecting intellectual property rights, and create a good environment of respecting knowledge, advocating innovation, and abiding by the law.

trade associations, chambers of commerce, intellectual property alliances, etc. shall, under the guidance of the administrative department of intellectual property rights, carry out self-discipline and autonomy in the industry, enhance self-protection ability, and improve the information communication mechanism of intellectual property rights.

encourage the news media to carry out public welfare propaganda and public opinion supervision on the promotion and protection of intellectual property rights through various forms. Article 8 Strengthen exchanges and cooperation in the field of intellectual property rights with cooperative development zones and counterpart support areas in southwest Fujian. Promote the establishment of law enforcement cooperation mechanisms such as intellectual property case transfer and joint investigation in the Southwest Fujian Collaborative Development Zone, and promote the sharing of resources and information integration.

support the development of cross-strait intellectual property economy, improve the working mechanism of cross-strait intellectual property alliance, carry out cross-strait intellectual property financial cooperation, and support private capital and institutions in Taiwan Province to participate in intellectual property fund investment, intellectual property operation and other activities.

promote the coordinated development of the "Belt and Road" intellectual property economy and strengthen international exchanges and cooperation in intellectual property rights. Article 9 The municipal and district people's governments and relevant departments shall formulate supportive policies to stimulate the vitality of innovation and create a good atmosphere to encourage reform and innovation.

in the reform and innovation of the promotion and protection of intellectual property rights, if the mistakes are in line with the reform direction, the procedures are legal and in accordance with regulations, and the individual and the unit to which they belong do not seek personal gain or maliciously collude with other units or individuals to harm the interests of the public, the relevant administrative responsibilities may not be investigated or exempted; Relevant subjects can apply for exemption when they are held accountable. Article 1 The Xiamen area of China (Fujian) Pilot Free Trade Zone and the Xiamen area of Fuxiaquan National Independent Innovation Demonstration Zone are encouraged to try first in the aspects of intellectual property system and mechanism, policies and measures, public services and exchanges with Taiwan, and promote them in the whole city in due course. Chapter II Creation and Application of Intellectual Property Article 11 Establish and improve the incentive and guarantee mechanism, and comprehensively apply policies and measures such as finance, taxation, finance, industry, science and technology, culture, trade and talents to promote and support the creation and application of intellectual property rights. Article 12 The Municipal People's Government shall set up special funds for the development of intellectual property rights to support activities related to the promotion and protection of intellectual property rights. Measures for the administration of special funds shall be formulated by the municipal intellectual property administrative department in conjunction with the municipal finance department and announced to the public.

if a natural person, legal person or unincorporated organization applies for special funds, it shall be responsible for the authenticity and legality of the application materials. Article 13 The Municipal People's Government shall set up patent awards to reward patentees who have made outstanding contributions to promoting economic and social development. The patent award selection method shall be formulated by the Municipal People's government and announced to the public.

if a natural person, legal person or unincorporated organization applies for a patent award, it shall be responsible for the authenticity and legality of the application materials. Article 14 Income from the transfer and licensing of intellectual property rights, as well as income from technology transfer, technology development and related technical consultation and technical services, shall enjoy relevant tax preferences according to law. Fifteenth encourage intellectual property investment and guide funds and funds to support intellectual property-intensive enterprises, enterprises with intellectual property advantages, intellectual property service institutions and intellectual property industrialization projects.

encourage financial institutions to innovate the service mode of intellectual property pledge financing, establish an evaluation system suitable for the characteristics of intellectual property pledge financing, increase intellectual property credit support, and improve the risk prevention and risk sharing mechanism of intellectual property financing, as well as the mechanism of intellectual property evaluation and pledge property disposal.

innovate financial service modes such as intellectual property securitization and financial leasing, encourage insurance institutions to develop new products involving intellectual property rights, promote the establishment of cross-strait financial institutions related to intellectual property rights, and provide capital supply and financial services for the transformation, application and trading operation of intellectual property rights.