In order to adapt to the new situation of China's accession to the World Trade Organization, effectively strengthen intellectual property work, give full play to the role of intellectual property system in scientific and technological innovation and economic development, promote the strategic adjustment of our city's economic structure, promote the formation of industries with independent intellectual property rights and competitive advantages, and comprehensively improve our city's scientific and technological innovation ability and comprehensive competitiveness, we hereby put forward the following opinions:
First, from the long-term development of Nanyang, we attach great importance to intellectual property work.
(1) Intellectual property work must be strengthened under the new situation. Intellectual property system is a basic legal system to promote technological innovation, accelerate the industrialization of scientific and technological achievements and improve economic competitiveness under the conditions of market economy. At present, intellectual property plays an increasingly prominent role in economic, scientific and technological development and improving comprehensive competitiveness. The quantity and quality of independent intellectual property rights have become one of the key and core elements to measure the scientific and technological innovation ability and economic competitiveness of a country and region. Strengthening intellectual property work, further establishing and perfecting intellectual property system and effectively protecting intellectual property rights are the needs of developing socialist market economy, maintaining fair competition and economic development security; It is the need to stimulate the spirit of innovation, fully embody the party's policy of "respecting knowledge and talents", and use international and domestic resources and markets to comprehensively improve the overall quality of China's national economy; It is the need to adapt to the rules of the World Trade Organization, promote technological innovation, speed up economic restructuring, develop high-tech industries and enhance industrial competitiveness. All counties, cities and departments should recognize the opportunities and challenges brought about by China's accession to the World Trade Organization, fully understand the important role of intellectual property work from a strategic perspective, and constantly improve their awareness of intellectual property protection. Put intellectual property in an important position and do a good job.
(2) Pay attention to publicity and education on intellectual property rights. The Patent Law of People's Republic of China (PRC), Copyright Law of People's Republic of China (PRC), Trademark Law of People's Republic of China (PRC), Regulations on Customs Protection of Intellectual Property Rights in People's Republic of China (PRC), Regulations on Protection of Computer Software and Regulations on Protection of Patents in Henan Province should be incorporated into the work plan of legal popularization, and the protection of cadres, workers and students, especially leading cadres, should be strengthened. News organizations should increase the publicity of intellectual property laws, regulations and policies, and create a public opinion atmosphere that attaches importance to intellectual property rights.
(3) Strengthen the construction of intellectual property team. In a short time, cultivate a group of compound talents who are proficient in intellectual property business, familiar with WTO rules and able to handle intellectual property affairs at home and abroad skillfully; At the same time, vigorously cultivate professionals in patent, trademark, copyright agency, evaluation and licensing trade, provide talent support for the development of intellectual property in our city, and improve the competitiveness of science and technology.
We should vigorously support all kinds of intellectual property intermediary service institutions, improve the service system, promote industry cooperation, and comprehensively improve the overall level of intellectual property intermediary service industry. Relevant departments such as intellectual property management should study and formulate policies to create a fair, open and just development environment for intellectual property intermediary service institutions. Establish an intellectual property intermediary service supervision mechanism, implement the qualification examination system of intellectual property intermediary service institutions, implement the system of holding certificates for intellectual property intermediary service personnel, and implement unified management by intellectual property management departments to standardize intellectual property intermediary services. All kinds of intellectual property intermediary service institutions should apply advanced network technology, establish service websites and various professional information databases, and constantly enrich the service content to meet the domestic and foreign market demand.
Second, improve the intellectual property system and create a good legal and policy environment.
(a) clean up and abolish all kinds of methods and systems that do not conform to the intellectual property laws and regulations of the World Trade Organization, and establish and improve the code of conduct for intellectual property management. Science and technology, planning, economy and trade, foreign trade, urban construction, education, intellectual property management and other departments should, in accordance with the basic trade rules and intellectual property protection provisions of the World Trade Economic Group, clean up various methods and systems that are incompatible with it as soon as possible and fulfill China's obligations as a member of the World Trade Organization. At the same time, combined with the actual situation of our city, we will promptly study and formulate local policies on intellectual property management in our city, so as to serve our city in adjusting its economic structure, strengthening technological innovation and realizing technological leap-forward development.
(2) Strictly enforce the law and effectively protect intellectual property rights. Intellectual property management departments should further improve their law enforcement capabilities, strengthen law enforcement, focus on the protection of intellectual property rights in production, scientific and technological research, commodity circulation, technology trade, creation and dissemination of works, severely investigate and deal with illegal acts that infringe intellectual property rights, and handle intellectual property disputes in a timely and effective manner. Protect the legitimate rights and interests of intellectual property rights holders. Establish and improve the intellectual property service system. Provide reports, complaints and consulting services at home and abroad. The municipal intellectual property management department shall establish and improve the intellectual property coordination institution or office meeting system composed of patent, trademark, copyright, customs, public security, quality inspection and other departments to coordinate the formulation, law enforcement and foreign-related intellectual property matters of the whole city. Customs and foreign trade departments should strengthen the awareness of intellectual property protection in import and export trade, and implement a filing and examination system for intellectual property rights of import and export commodities to ensure that intellectual property rights of import and export commodities are not infringed. Public security, procuratorial, legal and administrative departments at all levels in cities and counties should further cooperate with the law enforcement work of intellectual property departments.
(3) Improve and standardize the intellectual property management system in various government plans. Science and technology city construction. Education, planning, economy and trade departments should focus on strategic priorities and priority development areas, increase support for principled research that can form the first meeting of intellectual property rights, give priority to R&D projects that have or may form independent intellectual property rights, gradually reduce support for imitation, form a number of products and industries with good intellectual property rights as soon as possible, and promote the economic restructuring of our city.
It is necessary to organically combine the reform of science and technology planning system with the improvement of intellectual property system, and take the quantity and quality of independent intellectual property rights, especially the quantity and quality of effective patents, as one of the main evaluation criteria for the implementation effect of various science and technology R&D plans. Major scientific and technological projects must retrieve foreign patent documents, and the funds allocated to major scientific and technological projects should include patent application funds. Before organizing the project acceptance or appraisal of scientific and technological achievements, the person who completed the scientific and technological achievements shall provide a complete and accurate intellectual property report, and the acquisition of invention patents shall be an important project goal for major scientific and technological projects. For industrialized scientific and technological achievements, we must first obtain independent intellectual property rights and seek legal protection before we can operate industrially. The intellectual property management department shall assist the relevant departments to formulate and improve the intellectual property management measures of the government's scientific and technological research and development plan, and give guidance to the intellectual property work involved in the project establishment, implementation and evaluation of the scientific and technological research and development plan. Before the establishment of the science and technology plan, the domestic and foreign patent literature retrieval and the intellectual property report after the completion of scientific and technological achievements shall be organized and implemented by the intellectual property department.
(four) to encourage technological innovation with independent intellectual property rights, support the industrialization projects of patented technology, and cultivate and develop high-tech industries with independent intellectual property rights. The municipal intellectual property management department shall study and grasp the development trend of international intellectual property rights, formulate and adjust the intellectual property development strategy of this Municipality in a timely manner, guide enterprises and institutions to effectively use the intellectual property system, and actively participate in international economic competition. Will have the number of intellectual property rights, especially the number of patents and management system is perfect, as the city's high-tech enterprises, high-tech software enterprises and high-tech industrialization key projects identified, the use of SMEs' scientific and technological innovation funds and guarantee funds important indicators and conditions. Funds for key high-tech industrialization projects should focus on supporting the commercialization, industrialization and internationalization of high-tech projects with good market prospects, high technology content and independent intellectual property rights.
It is necessary to tilt the funds for industrial technological transformation to projects or products with independent intellectual property rights, which are in line with the direction of structural adjustment in our city and have a good industrial base and development prospects. Enterprises and institutions with intellectual property rights such as patents, well-known trademarks and registered computer software should give priority to supporting all kinds of scientific and technological research and development, technological transformation, new product development plans, funds and credit, and support the industrialization of patented technology. Inventors who have made outstanding contributions to the patent technology industry shall be rewarded and commended by the relevant departments.
Encourage high-tech industrial development zones and economic and technological development zones to establish patent technology incubators and intellectual property trading markets, and push patent high-tech to the market through incubation to accelerate industrialization. Guide it to become an intellectual property demonstration base with intensive intellectual property rights, leading innovation ability and international competitiveness.
(5) Establish and improve the intellectual property management mechanism of enterprises and institutions. Intellectual property work should be included in the whole process of research and development, production and operation. Enterprises and institutions shall establish and improve the intellectual property management system and implement standardized management. Conditional units, especially large and medium-sized enterprises and scientific research institutes, should set up specialized intellectual property management institutions, formulate various management systems of their own units, provide intellectual property consultation and information for enterprise management decisions, and supervise and coordinate the implementation of intellectual property work; Coordinate and solve intellectual property disputes of enterprises. Obtain government funding; Major and key R&D and industrialization projects must arrange special funds for intellectual property rights and formulate R&D plans, objectives and measures for independent intellectual property rights; In the process of project research and development, actively cooperate with foreign universities, research institutions and enterprises, track information in time, adjust the direction and content of research and development, improve the starting point of research and development, and avoid low-level duplication, blind introduction or infringement of other people's intellectual property rights; Implement the project patent analysis and evaluation system, establish and use the patent information database in related fields, dynamically track the intellectual property rights involved in the project, and adjust the research and development plan. After the achievement is obtained, patent application, trademark registration, works and software registration should be carried out in time, and legal protection and correct use should be obtained according to law.
Three, establish an incentive mechanism to promote the vigorous development of independent intellectual property rights in our city.
(1) Broaden financing channels and gradually increase investment in intellectual property work.
From 2003 to 2005, the municipal finance should arrange certain patent special funds. Used for patent law enforcement, patent project application and patent technology development fund establishment. Municipal science and technology, intellectual property and finance departments should formulate specific measures to strengthen the management of project funds. Encourage enterprises and individuals to set up special funds for intellectual property rights; It is used to develop new technologies and products with independent intellectual property rights.
(2) Strengthen the incentive mechanism and fully mobilize the enthusiasm of enterprises, institutions and scientific and technological personnel for invention and creation. The patentee shall, within 3 months after the patent is granted, pay a bonus to the inventor or designer in accordance with the relevant provisions of the patent law; Where the patentee licenses its exploitation, it may pay remuneration to the inventor or designer at the rate of 25% of the licensed net income. The share of remuneration for making important contributions in patent transfer and implementation shall not be less than 50% of the share of reward. Where the entity implements it by itself, it may pay remuneration to the inventor or designer at the rate of 5% of the net income from the implementation of the invention patent or utility model patent or 1% of the net income from the design patent every year within the validity period of the patent right. Joint-stock enterprises with patent rights can reward inventors with 25% of the shares at the time of patent shares, and inventors can share the benefits according to the shares they hold.
When an enterprise is registered, major patented technologies and well-known trademarks can account for 35% of the registered capital, unless otherwise agreed. When grouping enterprise assets or establishing a Sino-foreign joint venture, intangible assets such as patents and trademarks of the original enterprise must be evaluated and priced as part of asset reorganization after evaluation to prevent the loss of intangible assets.
Support enterprises led by well-known trademarks and high-tech patents. ; Establish enterprise groups, further enhance the competitive advantage, strive for well-known trademarks in China, and improve the international competitiveness of export commodities. Encourage enterprises to actively develop domestic independent copyright and register software copyright; Support the application for protection of new plant varieties. The evaluation of scientific and technological progress award should be based on the acquisition of independent intellectual property rights. Authorized invention patents can be used as an important condition for recommending and participating in the selection of national invention awards, national scientific and technological progress awards and provincial scientific and technological progress awards. Patent authorization can be used as an important condition and basis for professional and technical post evaluation and promotion of scientific and technical personnel. Science, technology and personnel departments at all levels should formulate corresponding measures as soon as possible. Gradually reverse the phenomenon of "emphasizing achievements over patents" and move closer to international standards in the evaluation system of scientific and technological activities.
(3) Encourage and guide the independent development and production of computer software products, and strengthen the protection of intellectual property rights in the field of digital technology. The intellectual property and copyright administration departments shall give priority protection to all kinds of computer software products with independent intellectual property rights in accordance with national laws. Severely investigate and punish acts of organizing the production, production and sale of pirated software.
Four, strengthen the leadership of intellectual property work.
The municipal government decided to set up a leading group for the coordination of intellectual property work, headed by the deputy mayor in charge, with the participation of intellectual property management departments, industry and commerce, copyright, science and technology, planning, finance, personnel, economy and trade, foreign trade, customs, justice, public security, quality and technical supervision and other departments to comprehensively coordinate major issues related to intellectual property work in the city. The Municipal Leading Group for Coordination of Intellectual Property Work is located in the Municipal Intellectual Property Office. The relevant departments should carry out their duties, cooperate with each other, strengthen the functions of intellectual property management and law enforcement, and strengthen the coordination, supervision and service of intellectual property work. Urban counties and relevant departments should establish and improve intellectual property management institutions, earnestly strengthen leadership over intellectual property work, and ensure the smooth development of intellectual property work.
October 30, 2002