Protecting intellectual property rights means protecting innovation. Recently, the Central Committee of the Communist Party of China and the State Council issued the "Outline for Building a Strong Intellectual Property Power (2021-2035)" (hereinafter referred to as the "Outline"). On September 30, the State Council Information Office held a press conference to introduce the efforts to start a new era of building a strong intellectual property country. Journey-related information.
The intellectual property management process for major projects will be improved
The "Outline" proposes to improve the intellectual property utilization mechanism that operates efficiently and smoothly and fully realizes value. In this regard, Huang Shengbiao, head of the Department of Scientific and Technological Achievements Transformation and Regional Innovation of the Ministry of Science and Technology, said that scientific and technological innovation is an important source of intellectual property rights. In recent years, in accordance with the decisions and arrangements of the Party Central Committee and the State Council, the Ministry of Science and Technology, together with relevant departments, has supported the creation of intellectual property rights. and application as an important task in promoting the transformation of scientific and technological achievements. In 2020, the national technology market signed 549,000 technology contracts with a transaction volume of 2.8 trillion yuan, including 186,000 technology contracts involving intellectual property rights, with a transaction volume of 1.1 trillion yuan, accounting for 39.8% of the total national technology contract transactions.
Huang Shengbiao introduced in detail, first, vigorously support the creation of high-quality intellectual property from the supply side of scientific and technological innovation: put forward clear intellectual property requirements for scientific and technological activities in topic selection, research and development, evaluation and other aspects; establish scientific research The activity intellectual property rights list system integrates intellectual property rights into the transformation of scientific and technological achievements and scientific and technological innovation and entrepreneurship activities, and promotes the integration of the innovation chain and the industrial chain.
Second, new breakthroughs have been made in the reform of ownership, use rights and usufruct rights of results transformation. The Ministry of Science and Technology, together with eight departments including the Intellectual Property Office, jointly launched 40 pilot projects to grant ownership or use rights to scientific and technological achievements to scientific researchers, stimulating the enthusiasm of scientific researchers for innovation and transformation, and the policy environment for the transformation of achievements has been further improved.
Third, accelerate the construction of the national technology transfer system and enhance the service capabilities for the transformation of intellectual property rights and scientific and technological achievements. At present, there are more than 40 national or regional technology trading markets, more than 400 professional and regional national technology transfer demonstration institutions, and 36 national technology transfer talent training bases across the country, basically covering the country at the county level and above. technology transfer service network.
Fourth, oriented to application scenarios, support the transformation of advanced technological achievements with intellectual property rights. Among them, the Ministry of Science and Technology and the Ministry of Finance jointly implemented the "Hundred Cities and Hundred Parks Achievements Transformation Action" to carry out targeted demonstration and promotion for grassroots epidemic prevention and control, resumption of work and production, stabilization of employment and other application scenarios. At the same time, we vigorously promote the innovation of the scientific and technological achievements transformation mechanism, jointly implement the National Science and Technology Achievements Transformation Guidance Fund with the Ministry of Finance, and jointly establish special bonds for major scientific and technological achievements industrialization projects with the China Development Bank to guide more resources to support the transformation of intellectual property rights and scientific and technological achievements.
Huang Shengbiao said that during the "14th Five-Year Plan" period, in accordance with the arrangements of the "Outline for Building a Powerful Country on Intellectual Property (2021-2035)", the Ministry of Science and Technology will strengthen cooperation with relevant departments and actively promote intellectual property and scientific and technological achievements. The transformation work focuses on two aspects: first, make efforts to promote the creation and transformation of high-quality intellectual property rights. Improve the intellectual property management process for major projects, increase the weight of the evaluation of high-quality patent transformation and application performance, support the transformation of scientific and technological achievements that do not involve secrets and national defense, and use the value of technology transaction contracts as the main evaluation indicator.
Second, make efforts to promote the transformation of market-oriented scientific and technological achievements. Focus on promoting the development of the market for technological factors, strengthening the construction of scientific and technological achievements transfer service networks, improving the technology trading and supervision system, orderly promoting the interconnection of regional technology trading markets, and supporting the construction of intellectual property and scientific and technological achievements trading centers.
Strengthen the protection of intellectual property rights in the Internet field and new fields such as big data, artificial intelligence, and genetic technology
Intellectual property trial is an important part of the intellectual property protection system. How does judicial trial serve knowledge? Building a strong country with property rights?
"The "Outline" clearly states that it is necessary to improve an intellectual property judicial protection system that is fair and efficient, has scientific jurisdiction, clear boundaries of rights, and is systematic and complete, which puts forward new and higher requirements for intellectual property trial work." Lin Guanghai, president of the Third Civil Trial Division of the Supreme People's Court, said.
He said that the Supreme People's Court will issue relevant opinions on serving and safeguarding the construction of a powerful country with intellectual property rights, and propose a series of targeted policies and measures to strengthen the trial work of intellectual property rights in the new era, so as to provide effective support for building a powerful country with intellectual property rights. Judicial services and safeguards.
First, protect intellectual property rights fairly, efficiently and strictly in accordance with the law. Firmly establish the concept that protecting intellectual property rights is protecting innovation, equally protect the legitimate rights and interests of various domestic and foreign market entities in accordance with the law, and create an open, fair, just and non-discriminatory scientific and technological development environment. Strictly protect all types of intellectual property rights in accordance with the law, try patent and other technical cases in accordance with the law, and strengthen the protection of scientific and technological innovation achievements. Increase the protection of intellectual property rights in key fields such as agriculture and traditional Chinese medicine, strengthen the protection of intellectual property rights in the Internet field and new fields such as big data, artificial intelligence, and genetic technology, and actively respond to the judicial protection of intellectual property rights in new technologies, new industries, new business formats, and new models. need. Strengthen anti-monopoly and anti-unfair competition judiciary, publish typical cases, issue relevant judicial interpretations in a timely manner, and maintain a market legal environment for fair competition among large, medium and small enterprises. Strengthen the protection of the legitimate rights and interests of scientific and technological innovation entities, protect the rights of scientific researchers to decide on technical routes, control funds, and dispatch resources in accordance with the law, and stimulate the vitality of innovation and creativity.
The second is to improve the overall effectiveness of intellectual property protection. Apply punitive damages in accordance with the law, increase damage compensation and punishment for intellectual property infringement, and promptly and effectively deter infringements. Improve the criminal judicial interpretation of intellectual property rights and punish crimes that infringe on intellectual property rights in accordance with the law. Strengthen the regulation of false litigation and malicious litigation of intellectual property rights, prevent the abuse of intellectual property rights, and promote the construction of an integrity system for intellectual property litigation. Improve the diversified dispute resolution mechanism for intellectual property rights and actively explore a system for judicial confirmation of administrative mediation agreements for intellectual property disputes upon application by the parties. Actively participate in the construction project of the intellectual property protection system, improve the connection mechanism between administrative protection and judicial protection of intellectual property rights, and promote the establishment of a comprehensive protection work pattern.
The third is to deepen reform and innovation in the field of intellectual property adjudication. Strengthen the construction of high-level intellectual property trial institutions, promote and improve the appeal hearing mechanism for intellectual property cases at the national level, and further promote the reform of the "three-in-one" trial mechanism for intellectual property civil, criminal, and administrative cases. Research and formulate litigation norms that conform to the rules of intellectual property trials, and improve the litigation evidence system that conforms to the characteristics of intellectual property cases. Improve the training, selection and exchange mechanism for intellectual property trial talents, and strengthen the professional training and professional selection of intellectual property trial teams. Strengthen the construction of "smart courts" and improve the level of informatization and modernization of intellectual property trials.
Carry out special actions to protect the intellectual property rights of Olympic symbols for the Beijing 2022 Winter Olympics and Winter Paralympics
In response to the phenomenon of trademark squatting on the names of Olympic champions such as "Quan Hongchan", Shen Changyu, director of the State Intellectual Property Office, said that the State Intellectual Property Office firmly opposes such behavior and cracks down on it in a timely manner. On August 19, the Office issued a notice to quickly reject 109 maliciously registered trademarks such as "Yang Qian", "Chen Meng" and "Quan Hongchan" in accordance with the relevant provisions of the Trademark Law, and exposed the applicants and agencies. The list has created a high-pressure situation in the whole society to crack down on malicious trademark registration, and has been widely recognized by the public.
"At present, the relevant local intellectual property management departments have interviewed relevant agencies and imposed administrative penalties. In the future, the State Intellectual Property Office will continue to maintain a high-pressure posture against malicious trademark registration and hoarding. ." Shen Changyu said.
Shen Changyu also emphasized that the State Intellectual Property Office has always attached great importance to the protection of intellectual property rights for the 2022 Beijing Winter Olympics. Since the successful bid for the Winter Olympics, a lot of work has been done together with relevant departments, including promoting the revision of the "Regulations on the Protection of Olympic Symbols", implementing three-dimensional protection of intellectual property rights such as patents and trademarks for the Olympic symbols, and protecting the Olympic and Paralympic Winter Games. Olympic symbols such as emblems and mascots are subject to special protection. At the same time, it guided Beijing and Hebei Province to carry out cross-regional and cross-department intellectual property protection work for the Winter Olympics, and achieved good results.
Shen Changyu said that the State Intellectual Property Office will work with relevant departments to organize a nationwide special action to protect the intellectual property rights of the Olympic symbols of the Beijing 2022 Winter Olympics and Winter Paralympics, and increase the enforcement of infringements. The intensity of the blow.