CHINA: Promotion Plan for the Implementation of the National Intellectual Property Strategy in 2013
Office
of the Inter-Ministerial Joint Meeting for Implementation of the National
Intellectual Property Strategy
This plan is promulgated to implement the requirements of
18th National Congress of the Communist Party of China(CPC),carry out
innovation-driven development strategy, promote the realization of
five-year goals of the Outline of the National Intellectual Property Strategy
identify the primary goals and measures for the implementation of the national
intellectual property strategy in 2013.
I. Enhancing Intellectual Property(IP)Creation
Goals:
Raising the quality of intellectual property rights(IPRs)and innovation
efficiency; improving the relevant examination management, I .e, patent
trademark, copyright, new plant varieties, etc., improving the IP performance
evaluation system, encouraging the IP creators to transfer their focus from
quantity to the quality; and upgrading the IP value.
Measures:
(1)Implement
revised evaluation index system for the State Technological Invention Award
improve the requirements on IP certifying documents for candidate projects
the Award, and steer the evaluation experts towards the quality, as well as
transfer and application, of the IP rights of the candidate projects.
(2)Perfect
assessment and evaluation system for patent index and the system for IP
statistics index; carry out evaluation on the index of “invention patent number
per ten thousand people.
(3)Refine the systems
for operation instructions and quality guarantee in patent examination; improve
the patent searching capacity; draft policies designed to enhance the patent
quality, clarify the orientation of patent subsidizing policy and raise
performance of the policy; strengthen the monitoring and handling of abnormal
patent applications, standardize patent applications.
(4)Improve
trademark examination standards, complete the 3rd stage construction of
Trademark Registration and Management Automation System, enhance the trademark
registration efficiency, ensure the trademark registration and examination
pendency below 10 months and the opposition review pendency below 18 months.
(5)Strengthen
copyright registration, improve the system for collection, submission and
publishing of copyright registration data, enhance copyright registration
volume and its coverage.
(6)Formulate and
improve the testing guidelines and examination regulations on new varieties
plants, raise the capacity of examining and testing, achieve a better
management of new varieties of plants examination, improve the quality of
granted new varieties of plants.
II. Strengthening IP Layout in Key Industries
Goals:
Promoting the integration of IP and industry policies
strengthening the IP risk assessment and warning in strategic emerging
industries and industries with regional advantages, reinforcing the guidance
the IP layout in key industries, guiding the industries and enterprises
enhance their capacities of leveraging IPRs in global competition.
Measures:
(7)Implement
Opinions on Strengthening the Intellectual Property Work in the Strategic
Emerging Industries by the General Office of the State Council, improve
coordination mechanisms, formulate and implement the working plan for the IP
work of strategic emerging industries for 2013.
(8)Implement
Regulations on the Preferential Examination of Invention Patent Applications
provide preferential examination for patent applications in strategic emerging
industries like energy saving and environmental protection, the new-generation
information technology, biology, high-end equipment manufacturing, new energy
new materials, as well as the technologies supporting a green development, such
as low-carbon technologies and resources-saving technologies.
(9)Improve
copyright statistics system, carry out the annual survey on the contributions
of copyright-related industries to national economy, strengthen the instruction
and management of copyright trading.
(10)Explore
construction of a national IP appraisal mechanism, further the pilot programs
for IP appraisal in major economic, scientific and technological activities
central enterprises, scientific research institutes and local governments
improve their capacities of conducting IP analysis and appraisal, and
delivering relevant service.
(11)Further implement
the Risk Assessment and Warning Project for Industrial Intellectual Property
provide IP warning for the selected key industries demanding industrial
transformation and upgrading, carry out IP mapping and analysis in key
technical fields, promote a market-oriented operation of IP in key industries.
(12)Carry out pilot
projects of patent-oriented development and patent mapping in selected
industries; organize 10 patent mapping and warning projects in key industries
and technical fields; launch 10 research projects on industrial IP analysis
dissemination, and promotion; review Handbook on Practical Patent Analysis and
formulate Standards on Patent Analysis Report.
III. Promoting IP Utilization
Goals:
Strengthening the key role by enterprises in IP utilization
improving the transformation and commercialization mechanism for IP-linked and
IP-based innovations, implementing the policies facilitating IP transformation
and the transfer to enterprises, promoting the materialization
commercialization and industrialization of IP rights.
Measures:
(13)Implement a number
of pilot projects on innovation development and application of key industries
promote the materialization, commercialization and industrialization
self-relied IP rights in the large-scale commercialization of next-generation
internet and LTE industry development, promote the integration of IPRs and
standards in digital television, next-generation mobile communications
next-generation internet technology, etc.
(14)Study and
formulate guiding opinions on promoting the technology transfer in research
institutes and universities, experiment with technology transfer in model
institutes to encourage research institutes and universities to establish
standardized IP management system and technology transfer mechanism.
(15)Comprehensively
implement the Project on Enhancing IP Utilization Capacities of Industrial
Enterprises, support the local implementation of the project by confirmation
assistances and rewards, study and formulate the Guidelines for IP Management
by Industrial Enterprises, provide guidance on IP management by pilot
enterprises.
(16)Implement
promotion program for the industrialization of forestry patents and granted new
varieties, promote the transfer and utilization of advanced forestry patents
and new varieties.
(17)Accelerate
mutual transfer of military and civil IPRs, initiate the establishment of an IP
management system featuring the feasibility assessment, a system of submission
utilization and management of the technique documentation from equipment
procurement, as well as a management system of military software copyright
innovate the IP transfer and transformation model, promote the utilization
the IP rights relating to national defense.
(18)Refine policies on
IP investment and financing, formulate guiding opinions on IP pledge and loans
by commercial banks, build 20 IP investment and financing service platforms
implement a pilot project on integrating IP licensing right, stock right, and
other assets.
IV. Reinforcing IP Protection
Goals:
Refining IP-related laws and regulations, improving
long-term mechanism of combating IP infringement according to the law
implementing the performance evaluation of IP protection. Enhancing
effectiveness of judicial IPR protection and the capacity of administrative
enforcement, implementing the special protection operations and assistance
programs for key fields and industries, promoting the information disclosure
IP cases subject to administrative penalty. Strengthening the protection of IP
resources in the fields with traditional advantages, enhancing the ability
dealing with international cases.
Measures:
(19)Accelerate
revision of Trademark Law, Copyright Law, Patent Law as well as relevant
implementation regulations.
(20)Provide stronger
protection for the innovative pharmaceutical, initiate study on policy and
legislation on innovative pharmaceutical protection.
(21)Draft and
promulgate the Measures on Copyright Supervision and Administration of Films
and Videos on Internet, and the Guiding Opinions on Copyright Enforcement.
(22)Revise the Several
Provisions on Issues Concerning Applicable Law in the Trial of Patent Disputes(2001),formulate
Interpretation on Several Issues Concerning the Applicable Law in IP Attachment
before the Institution of an Action, Interpretation on Several Issues
concerning the Applicable Law in the Trial of Trademark Civil Disputes, and
Interpretation on Several Issues Concerning the Applicable Law in the Trial
Trademark Granting and Confirmation Cases; promulgate in a timely manner
guiding opinions on issues concerning the applicable laws in the patent
infringement disputes, patent granting and confirmation, protection
well-known trademark, protection of service trademark, copyright disputes
relating to the Kara OK business operators.
(23)Moderately
increase the number of grass-roots people's courts with jurisdiction of general
IP cases, assign more intermediate people's courts to the jurisdiction
first-instance IP cases, further the pilot program of integrating civil
administrative and criminal cases in one IP court, optimize the judicial
coordination mechanism; improve the organizational structure of the grass-roots
people's courts, implement the brand court project.
(24)Implement
performance evaluation of local governments on combating infringements and
counterfeits, formulate relevant performance evaluation system.
(25)Formulate
instruction documents on publishing legal information concerning infringement
and counterfeit cases subject to administrative punishment, promote
disclosure of case information by relevant administrative enforcement
authorities.
(26)Continue
promote the working mechanism linking administrative and criminal enforcement
complete the development of information-sharing platform before the end of
year, and supervise the administrative enforcement authorities to transfer a
number of suspected criminal cases.
(27)Urge governments
at municipal and county level to accomplish the inspection and improvement
involving application of licensed software before the end of 2013
comprehensively promote the application of licensed software in enterprises
complete the pilot projects on software assets management in enterprises.
(28)Improve
supervision and management on the pre-installation of legitimate software in
new computers, promote the application of safe and controllable legitimate
softwares, promote the combination of the application of legitimate software
and informationization in governmental agencies.
(29)Organize
anti-counterfeiting campaign with focus on 5 crimes hindering the innovative
development of enterprises, baffling the stimulation of domestic demand and
employment, damaging public health, endangering manufacturing and living
security, and jeopardizing food security and farmers' interests.
(30)Investigate and
punish websites involved in copyright infringement and the disseminating
information of counterfeited and shoddy goods, disclose enterprises accessing
internet without authorization, work on effective methods for strengthened
domain name information supervision, raise the information accuracy of
registered websites.
(31)Implement the 9th
Swordnet campaign against online copyright piracy, implement the special
rectification on infringement and piracy involving online literatures, music
videos, games, animation and software.
(32)Strengthen
proactive supervision of website copyrights with focus on application software
websites, shopping websites, and video websites.
(33)Launch the Project
on Enhancing Patent Enforcement, promote the establishment of enforcement
teams, confirmation and consultation centers for patent infringement
coordination centers for patent administrative enforcement, promulgate and
implement the detailed opinions on implementing the Decisions on Enhancing
Patent Administrative Enforcement, set up a target-oriented accountability system
for enforcement, promote and guarantee the enhanced capability for patent
administrative enforcement.
(34)Enhance the IPR
protection in specialized marketplaces, promote the promulgating of Several
Opinions on Enhancing the IPR Protection in Specialized Marketplaces, promote
the capacity for IPR protection in specialized marketplaces; establish and
improve the self-discipline mechanisms in industries, provide assistance to IPR
protection by industrial associations.
(35)Establish a number
of express IPR protection centers in key areas and industries, establish
express protection mechanism to deliver efficient service to enterprises and
industries, explore and establish consultation centers for patent infringement
confirmation.
(36)Refine the regulation
system against trademark infringement, promote the establishment of information
platform for the trademark administrative enforcement, organize special
actions, supervise the handling of a number of major and serious cases
especially those concerning the well-known trademarks, international
trademarks, geographical indications, increase penalty for “Free ride of brand”,including the unlicensed use of packing or decorations
well-known products.
(37)Improve
long-term mechanism for trademark protection, speed up the drafting of plan
promote the trademark licensing operation in large-scale retail enterprises and
famous brand shops in large and intermediate cities, increase the efficiency
regular supervision.
(38)Strengthen the IPR
protection by customs, carry out special enforcement actions in key areas and
against key products, deepen the enforcement cooperation among customs
jointly combat the infringement in international trade, increase the technical
input in the IPR protection by customs for more efficient enforcement.
(39)Carry out
bilateral and multilateral international IP exchanges and cooperation, lead and
participate in bilateral and multilateral IP negotiations, actively promote
negotiation on Sino-Euro Agreement on Geographical Indications, closely follow
and participate in the formulation of international IP rules, actively showcase
the accomplishments of IPR protection in China.
(40)Enhance assistance
to enterprises in foreign-related IP lawsuits, put into full play the overseas
IPR protection and aid centers for enterprises; improve the IP risk assessment
and pre-warning for the major export industries and relevant enterprises in international
trade.
(41)Promote China's
accession to the Hague Agreement Concerning the International Registration
Industrial Designs administered by the World Intellectual Property Organization
(WIPO).
(42)Provide stronger
protection for the forest new varieties of plants, initiate the establishment
of a DNA fingerprint database for the forest new varieties of plants, e.g.
Chinese rose.
(43)Enhance
registration and protection of geographical indication and agricultural product
trademarks, put forward the "trademark enriches farmers" project, and
promote the construction of new countryside.
(44)Promote
construction of demonstration areas for geographical indications protection
enhance the protection and regulations of the import and export products
geographical indications, promote the import and export of geographical
indication products and the development on global market of the industry.
(45)Investigate and
explore the geographical indication resources of agricultural products, carry
out the tracking and monitoring of the quality and safety of agricultural
products with geographical indication.
(46)Promote
legislation process of the Regulations on the Access to and Benefit-Sharing
Genetic Resources, develop relevant policies and mechanisms managing the access
and benefit-sharing of genetic resources.
(47)Initiate the Study
on the Protection of the Traditional Knowledge of the Traditional Chinese
Medicine, promote the establishment of traditional Chinese medicine knowledge
specification, conduct survey on the traditional Chinese medicine knowledge
resources, so as to provide source materials for the documenting and compiling
of protection list of traditional Chinese medicine knowledge.
(48)Implement
Study on the IP Protection of National and Folk Arts, incorporate
protection and management of IP into Chinese folklore resource management
system, and therefore provide an operational IP solution for Chinese folk
literature databases.
V. Improving IP Management Capacity
Goals:
Developing policies to strengthen IP management, improving IP
management system and coordination mechanism, stepping up collaborative
regulatory, and proactive management of IP, improving IP management efficiency
enhancing the capacity and level of scientific IP management by various
stakeholders.
Measures:
(49)Develop policies
for strengthening IP management, refine IP management system and mechanism, and
enhance the IP management capacity of governments, industries, businesses
universities, research institutions and service agencies.
(50)Study and revise
policies and documents related to IP management in colleges and universities
improve the IP management system, and enhance the capacity of IP management in
colleges and universities.
(51)Implement
Interim Provisions on IP Management of Major National Science and Technology
Projects , urge each project to speed up the formulation of IP management rules
in line with its specific characteristics, improve the registration, statistics
collection and evaluation system of IP information of major national science
and technology projects, strengthen the supervision, assessment and guidance.
(52)Refine
Regulations on Strengthening IP Management of the National Science and
Technology Programs, invite IP experts to participate in performance assessment
of the national science and technology programs, strengthen the IP statistics
collection and assessment in key areas of the national science and technology
programs, and promote the publication of achievement information of the science
and technology programs.
(53)Strengthen the IP
management of major cultivation projects of genetically modified new varieties
of organism, study and draft relevant IP management measures, provide
regulative IP-related guidelines on R&D and industrialization
genetically modified new varieties of organism.
(54)Study and develop
instruction documents for the implementation of IP strategy by the cultural
system, strengthen the guidance on their IP work.
(55)Innovate
working mechanism for trademark administrative guidance, establish a system
providing classified guidance for the implementation trademark strategy
encourage and guide the market entities to formulate and implement their own
trademark strategies based on their own development requirements.
(56)Improve the IP
management mechanism for radio, film and television, strengthen precautions
against the legal risks in radio, film and television, promote the construction
of IP management criterion by radio and television stations at all levels
focus on the promotion of copyright contract demonstration text of radio
stations and television stations, promote the construction of media asset
management system at radio stations or television stations, guide the Radio and
Television Copyright Commission under China Radio and Television Association
strengthen industrial self-discipline, improve internal mediation mechanism
disputes among members and the collective right protection mechanism.
(57)Draft and
promulgate the Regulation on the Remuneration for the Statutory License
Textbooks, amend and promulgate the Regulations on Remuneration for
Published Written Works.
(58)Strengthen
supervision and management of copyright collective management agencies, develop
specific systems for their open, transparent and legal operations.
(59)Carry out pilot
projects on copyright asset management in publishing industry, initiate a study
on copyright asset management system and mechanism, study and draft guiding
documents for copyright asset management in cultural businesses.
(60)Publish
national standard of the Enterprise Intellectual Property Management, develop
measures for the determination of enterprises with IP(patent)advantages, and
carry out the cultivation of enterprises with IP advantages in selected
provinces.
(61)Study and develop
IP management standards or guideline by Chinese Academy of Sciences, further
standardize the IP management in scientific research institutes, draft Measures
for Intellectual Property Management of Scientific Research Projects, promote pilot
project on establishing whole-process IP management system in key scientific
research projects.
(62)Refine the working
system for national defense IP, guide relevant IP mapping and scientific
layout, introduce integrated IP management pilot to the innovator, strengthen
the IP management in equipment procurement contracts, and initiate
construction of the invention reporting system.
(63)Recruit high-end
talents from those studying abroad for implementing IP strategy, through
various projects, e.g. the Funding Project for Returned High-level Talents,
Advanced Funding Programs for Scientific and Technological Project for Returned
Talents, and the Overseas Chinese Serving the Country Action Plan; together
with the Project of Supporting the Start-ups established by Returned Talents
offer special support to returned talents who are establishing hi-tech
start-ups with self-developed IPRs; improve the different preferential policies
for returned high-level talents, to foster a better environment for high-level
IP talents and support them to play their roles.
(64)Study and
formulate Opinions on Strengthening the Construction of Intellectual Property
Talent System, implement Hundred and Thousands of IP Talents Project, conduct
the evaluation of one hundred high-level talented training candidates, continue
to step up the training of thousands and ten thousands of professionals; launch
the program of establishing national IP training bases, develop Opinions on
Strengthening the Work of National Intellectual Property Training Bases
implement the informationization project for IP personnel.
VI. Developing IP Service Industry
Goals:
Improving the management system of IP service industry
implementing related policies, strengthening the construction and utilization
of the fundamental IP information resource, guiding IP service agencies
expand business, training high-end IP service talents, cultivating and
promoting the development of IP service industry.
Measures:
(65)Implement
Guidance on Speeding up the Cultivation and Development of IP Service Industry
introduce corresponding policies, establish a mechanism for conducting census
and monitoring IP service activities and publishing relevant information
promote the construction of IP service industry cluster, cultivate well-known
IP service agency.
(66)Organize and
implement special program for high-tech service industry, take IP service
industry as a preferential and guiding sector with support.
(67)Promote
revision of Regulations on Patent Commissioning, advance the development
promotion and pilot programs for the industry, and comprehensively carry out
practical skills training for patent agents.
(68)Implement
Administrative Measures for Law firms in Trademark Commissioning, implement
registration and other related work for law firms engaged in the trademark
commissioning business, strengthen the supervision and administration of
commissioning by trademark agencies, promote the standardized trademark legal
service.
(69)Support and
encourage lawyers to provide legal service for patent commissioning, experiment
with patent attorney system in patent commissioning industry, make efforts
cultivate and develop more patent attorneys in trademark and patent commissioning
industries, so as to provide better patent-related legal services.
(70)Promote
establishment of model cities, institutions, zone(base)of copyright
strengthen the guidance and management of copyright trade, and provide support
to relevant agencies in the mediation and arbitration of copyright disputes.
(71)Promote
integration of IP judicial appraisal into the unified registration management
specify the professional classification for IP judicial appraisal, improve
technical specifications and standards of IP judicial appraisal, further raise
the level of standardization and occupational competence of the IP judicial
appraisal expertise, support and cultivate a number of highly qualified and
high-level IP judicial appraisal institutions.
(72)Expand
geographical distribution of patent insurance pilot projects, develop patent
insurance categories, and build an innovative mechanism for patent insurance
service with various participants.
(73)Implement the Plan
on the Construction of National Patent Public Service System, establish a
national system for the macro-management and guidance of dissemination and
utilization of patent information, and support the local deliverance
tailored patent information services to industries with own characteristics.
(74)Build up IP
integrated data platforms for industries, construct case databanks for patent
research and analysis in key technical fields such as semiconductor lighting
and new energy vehicles, the information databanks for software copyright and
layout design of integrated circuit, as well as the IP warning databanks
key industries.
VII. Strengthening IP Culture Development
Goals:
Strengthening the dissemination of IP knowledge, the training
personnel, the inclusion of IP in school education, fostering an IP culture
climate of respect for knowledge, advocation for innovation, integrity and
legal observance”,strengthening
supportive role of IP in the development of cultural industries, provide
support to the integration and development of IP in major fields like press
radio, film and television, literature and art, etc, promoting the rapid
flourishing of cultural industries.
Measures:
(75)Promote the IP
culture development program, promulgate the Guiding Opinions on Strengthening
the Development of IP Culture.
(76)Aggressively
disseminate the important decisions by the 18th National Congress of the CPC on
the implementation of IP strategy and the strengthened IPR protection, showcase
the IP achievements, introduce best practices of independent innovation
encourage local governments and industries to provide stronger impetus
innovation, organize various dissemination events including the National IPR
Publicity Week.
(77)Introduce more IP
materials into the amendment of the textbook for compulsory education and
ideological and political textbooks for high schools, encourage colleges and
universities to set up IP disciplines, and to provide minor IP-related courses
carry out universal IP education.
(78)Guide
high-level legal education training bases to strengthen the training of quality
IP professionals, step up the development of training bases for the IP
professionals.
(79)Publicize
progresses in combating against IP infringement and the producing and selling
of counterfeits and shoddy goods, make public cases in which the IP
infringements were investigated and punished, strengthen the dissemination
IP legal information, and encourage integrity.
(80)Further implement
the project of producing excellent radio programs, films and television
programs, encourage the content creation and production, improve the capacity
of producing original television dramas, cartoons and documentaries, develop
new business models for radio, film and television, enhance diversified supply
capacity.
VIII. Improving the Organization and Implementation of IP
Strategy
Goals:
Taking the realization of the five-year goals established in
Outline of the National Intellectual Property Strategy as the core objective
strengthening the construction of working system and platform for
implementation of IP strategy, implementing comprehensive assessment on
five-year goals of the IP strategy, carrying out the evaluation and selection
of the best performers in implementing the national IP strategy, convening
conference on promoting the IP strategy, holding special publicity activities
deepening the IP undertaking.
Measures:
(81)Carry out
evaluation on the accomplishment of the five-year goals of the Outline of
National Intellectual Property Strategy.
(82)Select and award
the best performers in implementing the national IP strategy.
(83)Organize national
publicity activities for the 5th anniversary of implementing the national IP strategy
showcase the achievements and experiences accumulated in IP over the past 5
years, and arrange press reports on the relevant commemorative activities.
(84)
Convene conference on promoting the implementation of national IP strategy
strengthen the construction of the working system and platform for implementing
the national IP strategy.
Source: CHINA National Intellectual
Property Strategy Office
Date: March 25, 2013
