Several Opinions of the State Council on Accelerating the Construction of a Powerful Country with Intellectual Property Rights under the New Situation

Guo Fa [2015] No. 71

The people's governments of all provinces, autonomous regions and municipalities directly under the Central Government, all ministries and commissions of the State Council and all institutions directly under the State Council::

Since the implementation of the national intellectual property strategy, the level of creation and application of intellectual property rights in China has been greatly improved, the protection situation has been significantly improved, the awareness of intellectual property rights in the whole society has been generally enhanced, and great progress has been made in intellectual property work, which has played an important role in economic and social development. At the same time, there are still problems such as large but not strong intellectual property rights, many but not excellent, not strict enough protection, frequent infringement, and affecting the enthusiasm for innovation and entrepreneurship, which need to be studied and solved urgently. At present, a new round of global scientific and technological revolution and industrial transformation is ready to take place. my country's economic development mode is accelerating the transformation, the trend of innovation leading development is more obvious, and the basic guarantee of the intellectual property system to stimulate innovation is more prominent. In order to further implement the innovation-driven development strategy, deepen the reform in the field of intellectual property rights, and accelerate the construction of an intellectual property power, the following opinions are hereby put forward.

General 1. requirements

(I) guiding ideology.Fully implement the spirit of the 18th National Congress of the Communist Party of China and the Second, Third, Fourth, and Fifth Plenary Sessions of the 18th Central Committee, in accordance with the "four comprehensive" strategic layout and the decisions and deployments of the Party Central Committee and the State Council, in-depth implementation of the national intellectual property strategy and deepening intellectual property rights Reform in key areas, effectively promote the creation and application of intellectual property rights, implement stricter intellectual property protection, optimize public services, and promote the vigorous development of new technologies, improve the level of industrial international development, ensure and encourage mass entrepreneurship and innovation, provide strong support for the implementation of innovation-driven development strategies, and promote the economy to maintain medium-to-high-speed growth, move to the mid-to-high-end level, and achieve the "two centenary" goals And the Chinese dream of the great rejuvenation of the Chinese nation to lay a more solid foundation.

(II) basic principles.

Strategic leadership. In accordance with the innovation-driven development strategy and the strategic deployment of the "Belt and Road", we will promote the improvement of intellectual property creation, application, protection, management and service capabilities, deepen the implementation of intellectual property strategies, improve the quality of intellectual property rights, and realize the transformation from large to strong and from multi-to excellent We will implement a new round of high-level opening up to promote sustained and healthy economic development.

Persist in reform and innovation. Accelerate the improvement of the intellectual property system with Chinese characteristics, reform and innovate systems and mechanisms, remove obstacles that restrict the development of intellectual property, focus on promoting innovation and reform experiments, strengthen the knowledge value orientation of the distribution system, and give full play to the intellectual property system in stimulating innovation and promoting the rational sharing of innovation results The key role of the company is to promote the quality and efficiency of enterprises and the transformation and upgrading of industries.

Adhere to market dominance. We should give full play to the decisive role of the market in allocating innovation resources, strengthen the dominant position and leading role of enterprises in innovation, and promote the rational flow and efficient allocation of innovation elements. Accelerate the streamlining of administration and decentralization, the combination of decentralization, and the optimization of services, strengthen intellectual property policy support, public services and market supervision, and strive to build a fair, just, open and transparent intellectual property legal environment and market environment, and promote mass entrepreneurship and innovation.

Adhere to the overall planning. Coordinate international and domestic innovation resources, form a number of leading intellectual property development areas, and cultivate China's intellectual property advantages. We will strengthen global cooperation in opening up and innovation, actively participate in and promote the formulation and improvement of international rules on intellectual property rights, build a fair and reasonable international economic order, create favorable conditions for market players to participate in international competition, and achieve mutual benefit and win-win results.

(III) The main objective.By 2020, decisive results will be achieved in the reform of important areas and key links of intellectual property rights, and the system of intellectual property authorization and law enforcement and protection will be further improved. basically form an intellectual property system and mechanism with clear boundaries, reasonable division of labor, consistent responsibilities and rights, efficient operation, and guaranteed by the rule of law, greatly improve the ability of intellectual property creation, application, protection, management and service, and further optimize the environment for innovation and entrepreneurship, gradually form new intellectual property advantages for industries to participate in international competition, basically realize the modernization of the intellectual property governance system and governance capabilities, build a number of strong intellectual property provinces and cities, and consolidate their status as a major intellectual property country in an all-round way, in order to build Chinese characteristics and world-class A strong intellectual property country has laid a solid foundation.

2. Promoting the Reform of Intellectual Property Management System and Mechanism

(IV) study and improve the intellectual property management system. Improve the inter-ministerial joint meeting system for the implementation of the national intellectual property strategy, with leading comrades of the State Council as the convener. Actively study and explore the reform of intellectual property management system and mechanism. Authorize local governments to carry out intellectual property reform experiments. Encourage qualified places to carry out comprehensive intellectual property management reform pilot.

(V) improve the management of intellectual property services and social organizations.Relax access to the intellectual property service industry, promote the high-quality and efficient development of the service industry, and accelerate the construction of intellectual property service industry clusters. Expand the opening of the patent agency field and relax the restrictions on the shareholders or partners of the patent agency. Explore the development of intellectual property service industry associations to organize "one industry multi-meeting" pilot. Improve the practice information disclosure system, timely disclosure of intellectual property agencies and practitioners of credit evaluation and other relevant information. Standardize the charging standards of copyright collective management agencies, improve the income distribution system, and allow copyright owners to obtain more licensing income.

(VI) establish an intellectual property appraisal system for major economic activities.Research and development of intellectual property review policy. Improve the guidelines for the review of intellectual property rights and standardize the scope and procedures of the review. Carry out intellectual property reviews around major national industrial plans and major investment projects in high-tech fields, establish a national science and technology plan intellectual property target evaluation system, actively explore pilot intellectual property reviews for major scientific and technological activities, and establish a system for publishing intellectual property review reports in key areas to improve innovation Efficiency and reduce industrial development risks.

(VII) the establishment of an innovation-driven development evaluation system with intellectual property as an important content. Improve the development evaluation system, gradually incorporate intellectual property products into national economic accounts, and incorporate intellectual property indicators into national economic and social development plans. Annual report on the development of intellectual property rights. In the comprehensive assessment and evaluation of the party and government leading bodies and leading cadres, we should pay attention to the situation and effectiveness of encouraging invention and creation, protecting intellectual property rights, strengthening transformation and application, and creating a good environment. Explore the establishment of business performance, intellectual property rights and innovation of state-owned enterprises evaluation model. Set up intellectual property award projects in accordance with relevant national regulations, and increase the weight of intellectual property evaluation in various national award systems.

Strict intellectual property protection in 3.

(VIII) strengthen the punishment of intellectual property rights infringement. Promote the legalization of intellectual property protection, give full play to the leading role of judicial protection, and improve the intellectual property protection model with complementary advantages and organic connection between administrative law enforcement and judicial protection. Raise the upper limit of statutory compensation for intellectual property infringement, implement punitive damages for serious malicious infringements, and the infringer shall bear the reasonable expenses actually incurred. Further promote the disclosure of information on cases of administrative penalties for infringement of intellectual property rights. Improve the mechanism for rapid protection of intellectual property rights. Strengthen the law enforcement and protection of customs intellectual property rights. Strengthen the enforcement of intellectual property rights in international exhibitions, e-commerce and other fields. Carry out joint law enforcement with relevant international organizations and overseas law enforcement agencies, strengthen foreign cooperation in judicial protection of intellectual property rights, promote my country to become an important place for resolving international intellectual property disputes, and build an open and innovative environment with more international competitiveness.

(IX) Intensify the crackdown on intellectual property crimes.In accordance with the law, we will severely crack down on criminal acts that infringe intellectual property rights, focusing on the chain and industrialization of intellectual property crime networks. We will further strengthen the connection between administrative enforcement of intellectual property rights and criminal justice, and intensify the transfer of suspected criminal cases. We will improve the foreign-related intellectual property law enforcement mechanism, strengthen international cooperation in criminal law enforcement, and intensify the investigation and handling of foreign-related intellectual property crime cases. Strengthen judicial assistance with relevant international organizations and countries in combating intellectual property crimes, and increase case notification and exchange of intelligence information.

(X) Establish and improve the early warning and prevention mechanism for intellectual property protection.The intentional infringement of intellectual property rights shall be included in the credit records of enterprises and individuals. Promote the improvement of laws and regulations on the protection of trade secrets, and strengthen the protection of trade secrets in personnel exchanges and technical cooperation. Conducting social satisfaction surveys on intellectual property protection. Establish a working mechanism to collect relevant information on the origin of counterfeit products, and issue an annual report on the protection of intellectual property rights by China Customs. Strengthen the management and protection of intellectual property rights in large specialized markets. Give full play to the positive role of industry organizations in the protection of intellectual property rights. Use information technologies such as big data, cloud computing, and the Internet of Things to strengthen the protection of intellectual property rights of online creativity and research and development results, and enhance early warning and prevention capabilities. We will increase assistance in the protection of intellectual property rights of small and micro enterprises, and build an innovation, entrepreneurship and business environment with fair competition and fair supervision.

(11) Strengthen the protection of intellectual property rights of innovative achievements in new fields of new business forms.We will improve the relevant legal systems for new plant varieties, biological genetic resources and their related traditional knowledge, database protection and national defense intellectual property rights. Do a good job in the legislation of geographical indications in due course. Research and improve the business model intellectual property protection system and practical art design patent protection system. Strengthen the study of intellectual property protection rules in the Internet, e-commerce, big data and other fields, and promote the improvement of relevant laws and regulations. Formulate intellectual property protection policies for crowd creation, crowdsourcing, crowd support and crowdfunding.

(12) Regulating the abuse of intellectual property rights.We will improve the legal system for regulating the abuse of intellectual property rights and formulate relevant anti-monopoly law enforcement guidelines. We will improve the anti-monopoly regulatory mechanism for intellectual property rights, and investigate and deal with monopolistic acts such as the abuse of intellectual property rights to exclude and restrict competition in accordance with the law. Improve the fair, reasonable and non-discriminatory licensing policy for standard essential patents and the applicable rules for stopping infringement.

4. promotes the creation and application of intellectual property rights

(13) Improve the intellectual property review and registration mechanism.Establish a fast registration channel for computer software copyrights. Optimize the review process and methods of patents and trademarks, and realize online registration, electronic application and paperless approval of intellectual property rights. We will improve the cooperation mechanism for intellectual property examination, establish a centralized examination system for patent applications in key advantageous industries, and establish and improve the working mechanism for patent examination involving industrial security. Reasonably expand the scope of ex officio examination of patent confirmation procedures, and improve the system of amending patent documents after authorization. Expand the international cooperation network of "patent examination highway" and accelerate the construction of world-class patent examination institutions.

(14) Improve the system of service inventions.To encourage and guide enterprises and institutions to establish and improve the invention report, ownership division, reward, dispute resolution and other job invention management system. Explore and improve the income distribution system of innovation achievements, increase the proportion of income of key teams and main inventors, and protect the legitimate rights and interests of job inventors. In accordance with relevant policies and regulations, state-owned enterprises are encouraged to give subordinate research institutes the right to dispose of intellectual property rights and the right to distribute income.

(15) Promote the reform of the patent licensing system.Strengthen the external diffusion of patents by licensing. Study the establishment of a patent licensing system to encourage more patentees to publicly license patents to the public. Improve the procedures for the initiation, approval and implementation of compulsory patent licensing. Institutions of higher learning, scientific research institutes and other institutions are encouraged to support the innovation and entrepreneurship of their employees and college students by licensing patents free of charge.

(16) Strengthen the construction of intellectual property trading platforms.Build an intellectual property operation service system and accelerate the construction of a national intellectual property operation public service platform. Innovate intellectual property investment and financing products, explore intellectual property securitization, improve the intellectual property credit guarantee mechanism, and promote the development of new models such as investment and loan linkage, insurance linkage, and investment and debt linkage. Guide angel investment, venture capital and private equity funds to strengthen investment in high-tech fields in the pilot area of comprehensive innovation and reform. Refine the accounting standards and promote the scientific accounting and management of intellectual property assets. Promote institutions of higher learning and scientific research institutes to establish and improve institutions for the transfer and transformation of intellectual property rights. Support the exploration of crowdfunding and crowdsourcing models for the creation and operation of intellectual property rights, and promote the integrated development of "Internet + intellectual property rights.

(17) Fostering intellectual property-intensive industries.Explore the development of intellectual property-intensive industry directory and development planning. Use equity investment funds and other market-oriented methods to guide social capital into intellectual property-intensive industries. Increase government procurement support for intellectual property-intensive products. Pilot the construction of intellectual property-intensive industry clusters and intellectual property-intensive industry product demonstration bases, implement intellectual property cluster management, promote the accelerated development of advanced manufacturing, and move the industry to the mid-to-high-end level.

(18) Enhancing the added value and international influence of intellectual property rights.Implement patent quality improvement projects and cultivate a number of core patents. Increase the protection of design patents in light industry, textiles, clothing and other industries. Deepen the work of trademark rich peasants. Strengthen the development and utilization of intangible cultural heritage, folk literature and art, and traditional knowledge, and promote the integrated development of cultural creativity, design services and related industries. Support enterprises to use intellectual property rights to make overseas equity investments. Actively participate in the formulation of international standards and promote the transformation of innovative technologies with intellectual property rights into standards. Support research institutions and social organizations to develop international standards for brand evaluation and establish a brand value evaluation system. Support enterprises to establish brand management system, encourage enterprises to acquire overseas well-known brands. Protect and inherit Chinese time-honored brands, and vigorously promote Chinese medicine, traditional Chinese catering, arts and crafts and other enterprises to "go global".”。

(19) Strengthening the open use of intellectual property information.Promote the open sharing of patent data information resources and enhance the ability to use big data. Establish an intellectual property information disclosure system formed by financially funded projects. Accelerate the implementation of the intellectual property information disclosure system for listed enterprises. Standardize the procedures and contents of intellectual property information collection. Improve the information filing and announcement system for intellectual property licensing. Accelerate the construction of an interconnected public service platform for intellectual property information, and realize free or low-cost opening of basic information such as patents, trademarks, copyrights, integrated circuit layout designs, new plant varieties, and geographical indications. Timely disclosure of patent examination process information in accordance with the law. Increase intellectual property information service outlets and improve the intellectual property information public service network.

5. strengthening overseas distribution and risk prevention and control of intellectual property rights in key industries

(20) Strengthen the overseas layout planning of intellectual property rights in key industries.Intensify the standardization and patenting of innovative achievements, and promote the formation of an effective convergence mechanism between standard development and patent layout. Study and develop guidelines for standard essential patent layouts. Prepare and issue practical guidelines for patent applications in relevant countries and regions. Focusing on strategic emerging industries and other key areas, establish a working mechanism for the development of the patent navigation industry, implement industrial planning and enterprise operation patent navigation projects, draw patent navigation maps of relevant countries and regions that serve the development of my country's industry, and promote the deep integration of my country's industry into the global industry Chain, value chain and innovation chain.

(21) Expand overseas intellectual property distribution channels. Promote enterprises, scientific research institutions, institutions of higher learning and other joint overseas patent layout work. Encourage enterprises to establish patent collection and storage funds. Strengthen the guidance of enterprise intellectual property layout, and explore the establishment of intellectual property layout design centers in industrial parks and key enterprises. Classify and formulate guidelines for the transnational licensing and transfer of intellectual property rights, and prepare and publish model intellectual property licensing contracts.

(22) Improving the early warning system for overseas intellectual property risks.Establish and improve the standard system of intellectual property management and services. Support industry associations and professional institutions to track and release intellectual property information and competitive trends in key industries. Develop and improve country guidelines for trade investigation response and risk prevention and control related to intellectual property rights. We will improve overseas intellectual property information service platforms and release information on the intellectual property system environment of relevant countries and regions. Establish and improve the mechanism for submitting information on overseas intellectual property issues and cases of enterprises, strengthen the tracking and research of major intellectual property cases, and issue risk warnings in a timely manner.

(23) Enhance the ability to prevent and control overseas intellectual property risks.We will study and improve the relevant systems for the management of technology import and export, and optimize and simplify the approval process for technology import and export. Improve the management system for the external transfer and exclusive licensing of intellectual property rights formed by financially funded science and technology projects. Develop and implement intellectual property due diligence practices. Support legal service agencies to provide enterprises with comprehensive and high quality intellectual property legal services. Explore the use of notarization to keep intellectual property evidence and supporting materials. Promote enterprises to establish an intellectual property analysis and evaluation mechanism, focusing on the introduction of talents, international participation, product and technology import and export and other activities to carry out intellectual property risk assessment, and improve the ability of enterprises to respond to international intellectual property disputes.

(24) Strengthening assistance in safeguarding intellectual property rights overseas.Formulate and implement policies to deal with major intellectual property disputes in overseas industries. To study the staffing of intellectual property-related matters in our diplomatic agencies in international organizations, major countries and regions. Publish a directory of overseas and foreign-related intellectual property services and rights protection assistance agencies, and promote the formation of an overseas intellectual property service network.

6. Enhance the Level of Intellectual Property Cooperation with Foreign Countries

(25) Promote the construction of more fair and reasonable international intellectual property rules.Actively participate in the development agenda under the framework of the United Nations, promote the implementation of the Doha Declaration on the TRIPS Agreement and Public Health and the entry into force of the Beijing Treaty on Audiovisual Performances, participate in international negotiations on the revision of the Patent Cooperation Treaty, the Treaty on the Protection of Broadcasting Organizations, and the Convention on Biological Diversity, and promote the process of accession to the Hague Agreement on the International Registration of Industrial Designs and the Marrakesh Treaty, promote the development of international rules on intellectual property rights in the direction of inclusiveness, balance and effectiveness.

(26) Strengthen the construction of foreign cooperation mechanisms for intellectual property rights.Strengthen cooperation and exchanges with the World Intellectual Property Organization, the World Trade Organization and relevant international organizations. Deepen cooperation with major countries' intellectual property, economic and trade, customs and other departments, and consolidate friendly relations with traditional partners. Promote relevant international organizations to establish intellectual property arbitration and mediation sub-centers in China. Strengthen cooperation in the protection of well-known geographical indication products at home and abroad, and promote the international development of geographical indication products. Actively promote the regional comprehensive economic partnership and intellectual property cooperation under the framework of the Asia-Pacific Economic Cooperation, and explore the establishment of intellectual property cooperation mechanisms for countries and regions along the "Belt and Road.

(27) Increase intellectual property assistance to developing countries. Support and assist developing countries in building their intellectual property capacity and encourage preferential licensing of patented technologies urgently needed for their development to some least developed countries. Strengthening intellectual property education and short-term training for developing countries.

(28) Broadening public diplomatic channels for intellectual property rights.Broaden the ways for enterprises to participate in the revision of international and regional intellectual property rules. Promote domestic service agencies, industrial alliances, etc. to strengthen cooperation and exchanges with relevant foreign organizations. Establish an intellectual property think tank with international standards, establish an intellectual property discussion and exchange mechanism of the Boao Forum for Asia, and actively carry out intellectual property discussion and exchange activities with international influence.

7. strengthen organization implementation and policy guarantee>

(29) Strengthening organizational leadership.All regions and relevant departments must attach great importance to it, strengthen organization and leadership, formulate implementation plans and supporting policies based on actual conditions, and promote the effective implementation of various measures. The office of the inter ministerial joint conference on the implementation of the national intellectual property strategy shall, under the leadership of the State Council, strengthen overall planning and coordination, study and put forward specific policies and measures such as the 13th five year plan for intellectual property rights, coordinate and solve major problems, and strengthen the guidance, supervision and inspection of the implementation of relevant policies and measures.

(30) Increase fiscal and financial support.Use financial funds to guide and promote the property rights of scientific and technological achievements and the industrialization of intellectual property rights. Implement the pre-tax deduction policy for research and development expenses, and implement additional deductions for eligible intellectual property expenses in accordance with regulations. Formulate methods for reducing patent fees and reasonably reduce patent application and maintenance fees. Actively promote the overseas infringement liability insurance of intellectual property rights. We will further carry out pilot projects for the risk compensation fund for intellectual property pledge financing and the intellectual property operation fund for key industries.

(31) Strengthen the construction of intellectual property professionals.Strengthen the construction of intellectual property-related disciplines, improve the joint training model of production, education and research, add intellectual property majors in management and economics, and strengthen degree education in intellectual property majors. Intensify intellectual property training for all types of innovative talents. Encourage Chinese intellectual property talents to obtain corresponding overseas qualifications. Encourage the introduction of high-end intellectual property talents, and refer to the relevant talent introduction plan to give relevant treatment. Explore the establishment of intellectual property international talent pool and the use of intellectual property to discover talent information platform. Further improve the intellectual property professional level evaluation system, and stabilize and expand the team of intellectual property professionals. Select and train a group of intellectual property entrepreneurship mentors to strengthen youth entrepreneurship guidance.

(32) Strengthen publicity and guidance.All regions and relevant departments should strengthen the construction of intellectual property culture, increase publicity, extensively carry out intellectual property popularization education, strengthen intellectual property public welfare publicity and consulting services, and raise the awareness of intellectual property rights in the whole society, so that respect for knowledge, advocate innovation, and integrity The concept of law-abiding is deeply rooted in the hearts of the people, and creates a good atmosphere for accelerating the construction of a powerful country with intellectual property rights.

State Department

December 18, 2015