Chapter 1 General Provisions Article 1 In order to strengthen the protection of intellectual property rights, stimulate innovation vitality, optimize the business environment, and create a world-class intellectual property protection highland, in accordance with the "Hainan Free Trade Agreement of the People's Republic of China and the Republic of China" These Regulations are formulated in accordance with the provisions of the "Hong Kong Law", following the basic principles of relevant laws and administrative regulations, and taking into account the actual situation of Hainan Free Trade Port. Article 2 The term “intellectual property rights” as mentioned in these Regulations refers to the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions and applications New models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Trade secrets;
(6) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects specified by law. Article 3 The Hainan Free Trade Port shall carry out intellectual property protection work in accordance with the principles of comprehensive protection, strict protection, equal protection, legal protection, rapid protection, and coordinated protection. It shall benchmark against advanced international standards, innovate systems and mechanisms, and establish a complete system and efficient operation. intellectual property protection system. Article 4 People's governments at or above the county level shall strengthen the organization and leadership of intellectual property protection work, incorporate intellectual property protection work into national economic and social development plans, and establish and improve an assessment and evaluation system for intellectual property protection.
People's governments at or above the county level should establish and improve the coordination mechanism for intellectual property work, study and formulate major intellectual property policies, and coordinate to solve major problems in intellectual property work. Article 5 The intellectual property administrative department of the people's government at or above the county level (hereinafter referred to as the intellectual property department) is responsible for organizing, implementing, coordinating and coordinating the intellectual property protection work in the region.
The specific management department for intellectual property rights such as works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, integrated circuit layout designs, new plant varieties (hereinafter referred to as the specific management department for intellectual property rights), Perform intellectual property protection work within the scope of their respective responsibilities in accordance with the law.
Departments of development and reform, industry and informatization, commerce, science and technology, finance, public security, judicial administration, financial management, customs and other departments shall cooperate in work related to intellectual property protection in accordance with their respective responsibilities. Article 6 People's governments at or above the county level and relevant departments shall strengthen the publicity and education of intellectual property laws, regulations and intellectual property knowledge, and promote the improvement of the whole society's awareness of respecting and protecting intellectual property rights.
Encourage the news media and the public to carry out public welfare publicity on intellectual property protection and conduct public opinion supervision of intellectual property violations. Article 7 People's governments at or above the county level shall comprehensively use fiscal, taxation, finance, industry, science and technology, culture, trade, talent and other policies to encourage the creation of intellectual property rights and improve the enterprise-centered, market-oriented high-quality creation mechanism. Article 8: Support Hainan Free Trade Port Sanya Yazhou Bay Science and Technology City to establish an intellectual property system system that is consistent with international rules, promote international cooperation in areas such as southern breeding and deep-sea science and technology, and build a city with Hainan characteristics and high international recognition. Hainan Free Trade Port is a pioneer zone for intellectual property protection and utilization with a first-class intellectual property business environment. Chapter 2 Administrative Protection Article 9 The specific management department of intellectual property rights shall use modern information technologies such as the Internet, big data, blockchain, cloud computing and artificial intelligence to establish an online handling mechanism for intellectual property disputes, using source tracing, real-time monitoring, online Identification, network evidence storage, statistical analysis, tracking and early warning and other technical means are used to severely crack down on intellectual property infringement. Article 10: Natural persons, legal persons and unincorporated organizations are encouraged to voluntarily register their works.
Copyright departments should strengthen Internet copyright protection and investigate and deal with online infringement and piracy in accordance with the law. Article 11 The provincial intellectual property administrative department shall, in accordance with relevant national regulations, provide patents for key development industries and strategic emerging industries such as new generation information technology, new petrochemical materials, modern biomedicine, southern breeding, deep sea technology, aerospace technology, etc. Priority review channel.
The provincial intellectual property administrative department promotes the establishment of intellectual property protection centers in advantageous industry clusters to carry out rapid review, rapid rights confirmation, and rapid rights protection services to reduce the rights protection costs of intellectual property rights holders and related rights holders. Article 12 The competent department of intellectual property rights shall strengthen the quality orientation of intellectual property rights, guide natural persons, legal entities and unincorporated organizations to apply for trademark registration and patent applications in accordance with the law, and investigate and punish in accordance with the law malicious applications for trademark registration that are not for the purpose of use and those that are not for the purpose of protecting innovation. Abnormal patent application behavior for different purposes.
If an intellectual property agency knows or should know that the client has maliciously applied for trademark registration or abnormal patent application as specified in the preceding paragraph, it shall not accept its entrustment. Article 13 In the investigation and handling of administrative cases of infringement of trade secrets, if the trade secret right holder provides preliminary evidence to prove that it has taken confidentiality measures for the claimed trade secrets and reasonably shows that the trade secrets have been infringed, the specific management department of intellectual property rights may request The alleged infringer must prove that what the right holder claims does not belong to a trade secret or that there is no infringement of trade secrets. Article 14: The specific management department of intellectual property rights shall expand the scope and protection links of new plant variety rights, strengthen the protection of substantively derived varieties, encourage breeding innovation, and improve the level of protection of new plant varieties.