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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 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 in Xiamen Special Economic Zone and related activities.

The term "intellectual property rights" as mentioned in these Regulations refers to the exclusive rights enjoyed by the obligee to works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, layout-designs of integrated circuits, new plant varieties and other objects prescribed by law. Article 3 The promotion and protection of intellectual property rights shall follow the principles of encouraging innovation, effective utilization, scientific management, optimizing services 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 intellectual property rights funds 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 coordination mechanism, and hold joint meetings regularly to promote and solve major problems in the promotion and protection of intellectual property rights.

The Municipal People's Government shall set up an intellectual property expert advisory committee and an expert database to provide consultation, demonstration and other 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 intellectual property administrative departments) shall perform their duties of promoting and protecting intellectual property rights according to law.

Development and reform, education, science and technology, industrial information, judicial administration, finance, commerce and other relevant departments shall do a good job in intellectual property related work according to their respective responsibilities. Article 6 The municipal intellectual property development and protection institution shall cooperate with its competent department to carry out the daily work of intellectual property promotion, protection and public management. Article 7 Build an intellectual property governance system with the participation of 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 for respecting knowledge, advocating innovation and abiding by laws and regulations.

Trade associations, chambers of commerce, intellectual property alliances, etc. Under the guidance of the administrative department of intellectual property rights, industry self-discipline and autonomy should be implemented to 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. Eighth to strengthen exchanges and cooperation with the Southwest Fujian Cooperation Development Zone and counterpart support areas in the field of intellectual property rights. Promote the establishment of law enforcement cooperation mechanisms such as the transfer of intellectual property cases and joint investigations in the Southwest Fujian Collaborative Development Zone, and promote resource sharing 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 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 supporting 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 conform to the reform direction, legal procedures and regulations, and the purpose is to promote the work, and the individual and the unit where they work do not seek personal gain or maliciously collude with other units or individuals to harm the public interests, they may not be investigated or exempted from relevant administrative responsibilities; Relevant subjects can apply for exemption when they are held accountable. Article 10 The Xiamen area of China (Fujian) Pilot Free Trade Zone and the Xiamen area of Fuxiaquan National Independent Innovation Demonstration Zone are encouraged to take the lead in intellectual property system and mechanism, policies and measures, public services, exchanges with Taiwan, etc., and promote them throughout the 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 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 a special fund 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 jointly with the municipal finance department and announced to the public.

Natural persons, legal persons and unincorporated organizations applying for special funds 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.

A natural person, legal person or unincorporated organization applying for a patent award shall be responsible for the authenticity and legality of the application materials. Article 14 Income from intellectual property rights transfer and licensing, 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 to encourage intellectual property investment, 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 the support of intellectual property credit, improve the risk prevention and risk sharing mechanism of intellectual property financing, and 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.