(a) responsible for drafting and organizing the implementation of the national intellectual property strategy. Formulate major principles, policies and development plans to strengthen the construction of a strong intellectual property country. Formulate and implement management policies and systems, and strengthen the creation, protection and application of intellectual property rights.

(2) Responsible for protecting intellectual property rights. Formulate and organize the implementation of intellectual property rights systems that strictly protect trademarks, patents, geographical indications of origin, layout design of integrated circuits, organize the drafting of relevant laws and regulations, formulate departmental rules, and supervise the implementation. To study intellectual property protection, management and service policies that encourage innovation in new fields, new formats and new models. To study and put forward the construction scheme of intellectual property protection system and organize its implementation, and promote the construction of intellectual property protection system. Responsible for guiding trademark and patent law enforcement, guiding local intellectual property disputes, rights protection assistance and dispute mediation.

(3) To be responsible for promoting the use of intellectual property rights. Formulate policies on the use and supervision of intellectual property rights to promote the transfer and transformation of intellectual property rights. Standardize the evaluation of intangible assets of intellectual property rights. Responsible for patent compulsory licensing related work. Formulate policies and measures for the development and supervision of intellectual property intermediary services.

(four) responsible for the examination, registration and administrative adjudication of intellectual property rights. Implementing trademark registration, patent examination and layout design registration of integrated circuits. Responsible for administrative rulings such as trademark, patent, integrated circuit layout design review and invalidation. Formulate a unified system for identifying geographical indications of origin and organize their implementation.

(five) responsible for the establishment of intellectual property public service system. Build a national public service platform for intellectual property information that is convenient for the people and the people, and promote the dissemination and utilization of intellectual property information such as trademarks and patents.

(six) responsible for coordinating foreign-related intellectual property matters. According to the division of labor, formulate policies on foreign-related intellectual property rights and conduct foreign intellectual property rights negotiations. Carry out international liaison, cooperation and exchange activities in intellectual property work.

(seven) to complete other tasks assigned by the CPC Central Committee and the State Council.

(8) Function conversion.

1. Further integrate resources, optimize processes, effectively use information technology, shorten the registration time of intellectual property rights, improve the level of service facilitation, and improve the quality and efficiency of examination.

2. Further relax the access to intellectual property services, expand the opening up of patent agencies, and relax the conditions for shareholders or partners of patent agencies.

3. Accelerate the construction of public service platform for intellectual property information, collect global intellectual property information, strengthen patent navigation according to industrial fields, provide convenient inquiry and consultation services for entrepreneurial innovation, realize free or low-cost information opening, and raise the awareness of intellectual property protection and risk prevention in the whole society.

4. Strengthen the credit supervision of trademark registration and abnormal patent application, standardize trademark registration and patent application, and safeguard the legitimate rights and interests of obligees.

(9) Division of responsibilities.

1. Division of responsibilities with the State Administration of Market Supervision. China National Intellectual Property Administration is responsible for the business guidance of trademark patent law enforcement, formulating and guiding the implementation of trademark rights, patents and infringement judgment standards, formulating inspection and appraisal standards of trademark patent law enforcement, establishing mechanisms, and doing a good job in policy standards convergence and information notification. The State Administration of Market Supervision is responsible for organizing and guiding trademark patent law enforcement.

2. Division of responsibilities with the Ministry of Commerce. China National Intellectual Property Administration is responsible for coordinating foreign-related intellectual property affairs. The Ministry of Commerce is responsible for multilateral and bilateral negotiations on intellectual property rights related to economy and trade, bilateral consultation mechanism for intellectual property cooperation and coordination of domestic positions.

3. Division of responsibilities with the National Copyright Administration. Work related to copyright management shall be carried out in accordance with the provisions of the Central Committee of the Communist Party of China and the State Council on copyright management functions.

China National Intellectual Property Administration is a national bureau managed by the State Administration of Market Supervision, and it is a deputy ministerial level.

In the course of performing his duties, China National Intellectual Property Administration implemented the principles, policies and decision-making arrangements of the CPC Central Committee on intellectual property work, and adhered to and strengthened the Party's centralized and unified leadership over intellectual property work.

legal ground

civil law

Article 167

If the infringement endangers the personal and property safety of others, the infringed party has the right to request the infringer to bear the tort liability such as stopping the infringement, removing the obstruction and eliminating the danger.