The State Intellectual Property Office implements the guidelines, policies, decisions and arrangements of the Party Central Committee on intellectual property work, and upholds and strengthens the Party's centralized and unified leadership of intellectual property work in the process of performing its duties.
The main responsibilities are: (1) Responsible for formulating and organizing the implementation of national intellectual property strategy.
Formulate major policies and development plans to strengthen the construction of an intellectual property power.
Formulate and implement management policies and systems to strengthen the creation, protection and use of intellectual property.
(2) Responsible for protecting intellectual property rights.
Formulate and organize the implementation of a system for strictly protecting intellectual property rights such as trademarks, patents, geographical indications of origin, and integrated circuit layout designs.
Organize the drafting of relevant laws and regulations, formulate departmental regulations, and supervise their implementation.
Research intellectual property protection, management and service policies that encourage innovation in new fields, new business formats and new models.
Research and propose plans for the construction of an intellectual property protection system and organize their implementation to promote the construction of an intellectual property protection system.
Responsible for guiding trademark and patent enforcement work, guiding local intellectual property dispute handling, rights protection assistance and dispute mediation.
(3) Responsible for promoting the use of intellectual property rights.
Formulate policies for the use and standardization of intellectual property transactions to promote the transfer and transformation of intellectual property rights.
Standardize the evaluation of intellectual property intangible assets.
Responsible for work related to patent compulsory licensing.
Formulate policies and measures for the development and supervision of intellectual property intermediary services.
(4) Responsible for the review, registration and administrative ruling of intellectual property rights.
Implement trademark registration, patent review, and integrated circuit layout design registration.
Responsible for administrative rulings such as review and invalidation of trademarks, patents, and integrated circuit layout designs.
Formulate a unified identification system for geographical indications of origin and organize its implementation.
(5) Responsible for establishing an intellectual property public service system.
Build a national intellectual property information public service platform that is convenient for enterprises and people, and interconnected, and promote the dissemination and utilization of intellectual property information such as trademarks and patents.
(6) Responsible for overall planning and coordination of foreign-related intellectual property matters.
Formulate policies for foreign-related intellectual property work and carry out foreign intellectual property negotiations according to division of labor.
Carry out international liaison, cooperation and exchange activities on intellectual property work.
(7) Complete other tasks assigned by the Party Central Committee and the State Council.
(8) Functional transformation.
1. Further integrate resources, optimize processes, effectively utilize information technology, shorten the time for intellectual property registration, improve service facilitation, and improve review quality and efficiency.
2. Further relax access to the intellectual property service industry, expand the opening of the patent agency field, and relax conditions for shareholders or partners of patent agencies.
3. Accelerate the construction of an intellectual property information public service platform, gather global intellectual property information, strengthen patent navigation by industry field, provide convenient query and consultation services for entrepreneurship and innovation, realize free or low-cost information openness, and improve the intellectual property rights of the whole society.
Protection and risk prevention awareness.
4. Strengthen credit supervision of trademark squatting, abnormal patent applications and other behaviors, standardize trademark registration and patent application behaviors, and safeguard the legitimate rights and interests of right holders.
(9) Relevant division of responsibilities.
1. Division of responsibilities with the State Administration for Market Regulation.
The State Intellectual Property Office is responsible for the business guidance of trademark and patent enforcement work, formulating and guiding the implementation of trademark and patent rights confirmation and infringement judgment standards, formulating inspection, appraisal and other related standards for trademark and patent enforcement, establishing mechanisms, and implementing policy standards.
Connection and information notification, etc.
The State Administration for Market Regulation is responsible for organizing and guiding trademark and patent enforcement work.
2. Division of responsibilities with the Ministry of Commerce.
The State Intellectual Property Office is responsible for coordinating foreign-related intellectual property matters.
The Ministry of Commerce is responsible for multilateral and bilateral intellectual property external negotiations related to economy and trade, bilateral intellectual property cooperation consultation mechanisms, and coordination of domestic positions.
3. Division of responsibilities with the National Copyright Administration.
Relevant copyright management work is carried out in accordance with the division of labor stipulated by the Party Central Committee and the State Council on copyright management functions.
The State Intellectual Property Office has the following internal institutions (deputy department and director level): (1) Office.
Responsible for the daily operation of the agency, undertaking security, confidentiality, petitions, government affairs disclosure, informatization and other tasks.
Undertake policy research work.
Organize and carry out intellectual property publicity work and undertake the work of releasing important government information.
(2) Article Law Division.
Coordinate and propose plans for the formulation and revision of international intellectual property treaties and related external negotiations on intellectual property.
Propose drafts of relevant laws, regulations and rules.
Responsible for the legality review of normative documents, administrative reconsideration, administrative response, etc.
Formulate review policies and authorization confirmation criteria for trademarks, patents, geographical indications of origin, and integrated circuit layout designs, and organize the implementation of applications, acceptance, authorization, etc.
Organize law popularization and publicity work.
(3) Strategic Planning Department.
Formulate national intellectual property strategy and policies and measures to build an intellectual property powerhouse.
Organize and carry out intellectual property risk prediction and early warning work.
Formulate a national intellectual property work development plan and plans for the review, registration and registration of trademarks, patents, geographical indications of origin, etc.
Responsible for the department's budget and final accounts and the finance, assets, and infrastructure planning of units directly under the bureau.
Responsible for the statistical investigation, analysis and release of intellectual property rights.
(4) Intellectual Property Protection Department.
Responsible for the work related to the construction of intellectual property protection system.