Questioners can also refer to: Notice of the General Office of the State Council on Forwarding the Intellectual Property Office and other units to further implement the National Intellectual Property Strategic Action Plan (20 14-2020), which is pointed out by Guo Ban Fa [2065438+04] No.64:
Second, the main actions
(1) Promote the creation and application of intellectual property rights and support industrial transformation and upgrading.
-Promoting the development of intellectual property-intensive industries. Pay more attention to the quality and efficiency of intellectual property rights, optimize industrial layout, guide industrial innovation, and promote industrial upgrading and efficiency upgrading. For industrial clusters, industries and enterprises, we will implement patent navigation pilot, carry out patent layout, form a number of patent portfolios in key technical fields, build patent reserves, support industrial development, and enhance the competitiveness of enterprises. Strengthen the collaborative use of patents, promote the construction of patent alliances, and establish a national patent operation and industrialization service platform with industrial characteristics. Establish an efficient working mechanism to support the development of patent navigation industry. Improve the enterprise-led and multi-party cooperation patent application system, form a patent trading market system with concentrated resources and active circulation, and promote the healthy development of patent operation formats. Publish a report on the development trend of patents in strategic emerging industries. Encourage qualified areas to develop intellectual property-intensive industries with regional characteristics and build a coordinated development pattern of industries with complementary advantages. Build a number of intellectual property-intensive industrial clusters, implement intellectual property cluster management within industrial clusters, and build industrial competitive advantages. Encourage business model innovation in the cultural field, strengthen the development and construction of cultural brands, establish a number of copyright trading platforms, actively spread cultural and creative products, and enhance the core competitiveness of cultural and creative industries.
-Serving the development of modern agriculture. Strengthen the creation and application of new plant varieties, agricultural technology patents, geographical indications and agricultural product trademarks, and promote the development of agriculture with advanced technology and equipment and obvious comprehensive benefits to modernization. Support the cultivation of new varieties and promote the transformation of breeding innovation achievements into new plant variety rights. Taking the benefit sharing of intellectual property rights as a link, we will strengthen the collaborative innovation of seed enterprises, universities and research institutes, establish a public platform for variety right transfer transactions, and improve the added value of intellectual property rights of agricultural products. Increase the weight of intellectual property indicators in agricultural science and technology evaluation. Improve the research and development level of agricultural machinery, strengthen the layout of agricultural machinery patents, and form a number of strategic alliances for industrial technology innovation. Vigorously promote agricultural standardization and speed up the improvement of agricultural standard system. Establish a joint identification mechanism for geographical indications. Promote the agricultural product management mode of close combination of farmers, bases, leading enterprises, geographical indications and agricultural product trademarks.
-Promoting the development of modern service industry. Vigorously develop intellectual property service industry, expand service scale, improve service standards, improve service quality, and promote high-end development of service industry. Cultivate the intellectual property service market and form a number of intellectual property service clusters. Establish and improve intellectual property service standards and norms, and strengthen supervision over service institutions and employees. Give play to the role of trade associations and strengthen the self-discipline of intellectual property service industry. Support banks, securities, insurance, trusts and other institutions to participate in intellectual property financial services extensively, and encourage commercial banks to develop intellectual property financing service products. Improve the service platform for intellectual property investment and financing, and guide enterprises to expand the financing scope of intellectual property pledge. Guide and encourage local people's governments to establish credit risk compensation funds for small and micro enterprises, and give key support to intellectual property pledge loans. Risk compensation will be given to the loans for the transformation of scientific and technological achievements through the National Scientific and Technological Achievements Transformation Guidance Fund. Increase the variety of intellectual property insurance, expand the pilot scope of intellectual property insurance, and accelerate the cultivation and standardization of intellectual property insurance market.
(2) Strengthen intellectual property protection and create a good market environment.
-Strengthening the information disclosure of administrative enforcement of intellectual property rights. Implement the "Notice of the State Council on Approving the Opinions of the National Leading Group for Combating Infringement of Intellectual Property Rights and Manufacturing and Selling Fake and Inferior Commodities (Trial)" (Guo Fa [2065438+04] No.6), solidly promote the information disclosure of administrative punishment cases of infringement of intellectual property rights, deter offenders, and promote law enforcement to standardize, just and civilized law enforcement. The disclosure of case information will be included in the scope of statistical reporting on the fight against infringement and counterfeiting, and the assessment will be strengthened. Explore the establishment of credit standards related to intellectual property protection, incorporate malicious infringement into the social credit evaluation system, disclose relevant information to credit reporting agencies, and improve the social credit level of intellectual property protection.
-Strengthening administrative enforcement of intellectual property rights in key areas. Actively carry out special law enforcement actions, focus on investigating cross-regional, large-scale cases with strong social repercussions, and intensify the crackdown on intellectual property infringement in areas such as people's livelihood, major projects, and advantageous industries. Strengthen law enforcement cooperation, consultation on infringement judgment and rapid dispute mediation. Strengthen the protection of intellectual property rights in large commercial places and exhibitions. Urge e-commerce platform enterprises to implement relevant responsibilities, urge postal and express delivery enterprises to improve and implement the acceptance and inspection system, and explore ways to strengthen intellectual property supervision of cross-border trade e-commerce services. Strengthen the copyright supervision of audio-visual programs, literature, game websites and online trading platforms, standardize the use of online works, crack down on online infringement and piracy, and optimize the technical means of online supervision. Conduct research on intellectual property protection in domestic free trade zones, explore strengthening intellectual property supervision in the production, processing and transshipment of goods, innovate and promote the customs protection mode of intellectual property rights in a timely manner, and strengthen intellectual property law enforcement in domestic free trade zones according to law. Severely crack down on the infringement of import and export goods according to law.
-promoting the legalization of software. Implement the "Notice of the General Office of the State Council on Printing and Distributing the Administrative Measures for the Use of Genuine Software by Government Organs" (Guo Ban Fa [2013] No.88), consolidate the achievements of the legalization of government organs' software, and further promote the legalization of state-owned enterprises' software. Improve the long-term mechanism of software legalization, promote the implementation of software asset management, budget, audit supervision, annual inspection report and assessment accountability, and ensure the normalization and standardization of software legalization.
-Strengthening criminal law enforcement and judicial protection of intellectual property rights. Intensify the investigation of intellectual property crimes and supervise key cases. Adhere to the combination of strike and defense, and gradually bring special strikes into the track of normalized law enforcement. Strengthen the connection between administrative enforcement of intellectual property rights and criminal justice, and increase the transfer of suspected criminal cases. Strengthen the trial of criminal cases of infringement of intellectual property rights according to law, increase the application of fines, and deprive infringers of the ability and conditions to commit crimes again. Strengthen civil and administrative trials of intellectual property rights and create a good environment for innovation. In accordance with the planning of the establishment of intellectual property courts, we will provide protection and support for the establishment and operation of intellectual property courts from the aspects of people and things.
-Promoting social prevention and mediation of intellectual property disputes. Explore the preservation of intellectual property evidence and related certification materials by notarization, strengthen the notarization of preservation evidence, and prove the prior use and infringement of intellectual property rights. Carry out mediation and docking of intellectual property disputes, standardize the mediation of intellectual property disputes according to law, improve the industrial mediation mechanism of intellectual property disputes, and cultivate a number of social mediation organizations and professional mediators.
(3) Strengthen intellectual property management and improve management efficiency.
-Strengthening the management of intellectual property rights in scientific and technological innovation. Strengthen the management of intellectual property rights of major national science and technology projects and science and technology plans, and promote the transfer and transformation of intellectual property rights in universities and research institutes. Implement intellectual property management responsibilities such as national science and technology major projects and science and technology plan project management departments and project undertakers, and clarify the responsible subjects. Incorporate intellectual property management into the whole process management of major national science and technology projects and plans, and establish an evaluation system for intellectual property objectives after the completion of major national science and technology projects and plans. Explore the establishment of an intellectual property benefit sharing mechanism for major scientific and technological projects and participating units. We will carry out pilot reforms in the use, disposal and revenue management of scientific and technological achievements in central-level institutions to promote the transformation and application of intellectual property rights. Improve the intellectual property management norms of universities and research institutes, and encourage universities and research institutes to establish intellectual property transfer and transformation institutions.
-Strengthening the review of intellectual property rights. Improve the review system, strengthen review management, optimize review methods, and improve the quality and efficiency of intellectual property review. Improve the system of intellectual property application and examination, improve the fast track of patent examination, and establish a green track of trademark examination and a fast track of software copyright registration. Highlight patent quality orientation in relevant assessment and increase the evaluation weight of patent quality indicators. Strengthen the quality management of patent examination and improve the standards of patent examination. Strengthen the quality monitoring of patent applications and intensify the investigation and punishment of low-quality patent applications. Optimize the way of patent examination, steadily promote the construction of patent examination cooperation center, and enhance the patent examination ability. Optimize the trademark review system, establish and improve a convenient and efficient trademark review cooperation mechanism, improve the trademark review standards, and improve the quality and efficiency of trademark review. Improve the ability to test new plant varieties and improve the system of examining the rights of new plant varieties.
-conducting intellectual property evaluation on major economic activities. Intellectual property evaluation of major industrial planning and major government investment activities. Strengthen the communication and cooperation between the competent departments of intellectual property rights and the competent departments of industries, formulate and issue the guidance manual for intellectual property evaluation of major economic activities, and improve the evaluation service capacity of intellectual property service institutions. Promote the establishment of an intellectual property evaluation system for major economic activities, clarify the evaluation contents and standardize the evaluation procedures. Guide enterprises to independently carry out intellectual property evaluation and avoid intellectual property risks.
-Guide enterprises to strengthen intellectual property management. Guide enterprises to improve the standardized management level of intellectual property rights, strengthen the management of intellectual property assets, and promote enterprises to enhance their competitiveness. Establish a certification system for intellectual property management standards and guide enterprises to implement intellectual property management norms. Establish and improve the analysis standards and evaluation methods of intellectual property value, improve accounting standards and related asset management systems, and promote enterprises to strengthen the management of intellectual property assets in mergers and acquisitions, equity transfer, foreign investment and other activities. Formulate service standards for entrusted management of intellectual property rights, and guide and support intellectual property service institutions to provide entrusted management services for small and medium-sized enterprises.
-Strengthening the management of national defense intellectual property rights. Strengthen the organization and management of the implementation of the national defense intellectual property strategy, speed up the construction of national defense intellectual property policies and regulations, and promote the integration of intellectual property management into all aspects of national defense scientific research and production and equipment procurement. Standardize the ownership and benefit distribution of national defense intellectual property rights, and promote the formation of independent intellectual property rights in high-tech fields in integration of defense and civilian technologies. We will improve the decryption system of national defense intellectual property rights, guide superior civilian intellectual property rights into the field of military scientific research and production, and promote the two-way transformation of military and civilian intellectual property rights.
(4) Expand international cooperation in intellectual property rights and enhance international competitiveness.
-Strengthening foreign-related intellectual property work. Fair and just protection of intellectual property rights, equal protection of intellectual property rights of domestic and foreign enterprises and individuals. Strengthen cooperation with international organizations and consolidate and develop multi-bilateral intellectual property exchanges with major countries and regions. Improve the ability to undertake international patent examination business, build a patent prosecution highway, strengthen international cooperation in patent examination, and enhance the international influence of China's patent examination business. Strengthen the intellectual property work of embassies and consulates abroad, follow up and study the intellectual property laws and policies of relevant countries, strengthen the exchange of foreign-related information on intellectual property rights, and do a good job in dealing with foreign-related intellectual property rights. Establish and improve multi-bilateral law enforcement cooperation mechanisms to promote international customs cooperation in intellectual property law enforcement.
-improving the rules of intellectual property rights in foreign trade. Track the negotiation process of intellectual property rights in various trade zones and promote the formation of intellectual property rules conducive to fair trade. Implement the provisions on intellectual property protection in the Foreign Trade Law, study and establish a domestic intellectual property protection system for import trade, and investigate and deal with unfair competition behaviors in import trade such as infringement of intellectual property rights by imported products.
-Support enterprises to "go global". Collect and publish intellectual property information of major trade destinations and foreign investment destinations in a timely manner. Strengthen intellectual property training and support enterprises to lay out intellectual property rights overseas. Strengthen cooperation among government, enterprises and social capital, and explore the establishment of public welfare and market-oriented patent operating companies in key areas such as information technology. Increase the construction of overseas intellectual property protection assistance mechanism, encourage enterprises to establish overseas intellectual property protection alliances, and help enterprises obtain intellectual property protection in a timely manner in the local area. Guide intellectual property service institutions to improve their overseas intellectual property affairs handling capacity and provide professional services for enterprises to "go global".