China National Intellectual Property Administration is the directly affiliated institution in charge of patent work and overall coordination of foreign-related intellectual property matters in the State Council. Formerly known as the People's Republic of China Patent Office (hereinafter referred to as the China Patent Office). Established with the approval of the State Council in 198.
China National Intellectual Property Administration is responsible for protecting intellectual property rights, promoting the construction of intellectual property protection system, registering trademarks, patents and geographical indications of origin, making administrative rulings, and guiding the enforcement of trademarks and patents.
main responsibilities:
(1) responsible for drafting and organizing the implementation of the national intellectual property strategy. To formulate major principles, policies and development plans for strengthening the construction of a strong intellectual property country. Formulate and implement management policies and systems to strengthen the creation, protection and application of intellectual property rights.
(2) Responsible for the protection of intellectual property rights. Formulate and organize the implementation of intellectual property rights systems for strict protection of trademarks, patents, geographical indications of origin, layout design of integrated circuits, etc. Organize the drafting of relevant laws and regulations, formulate departmental rules and regulations, and supervise their 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, so as to promote the construction of intellectual property protection system. Responsible for guiding trademark and patent law enforcement, guiding local intellectual property dispute handling, rights protection assistance and dispute mediation.
(3) responsible for promoting the use of intellectual property rights. Formulate policies on the use and regulation of intellectual property rights, and 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.
(4) To be responsible for the examination, registration and administrative adjudication of intellectual property rights. Implement trademark registration, patent examination and layout design registration of integrated circuits. Be responsible for administrative rulings such as trademark, patent, integrated circuit layout design review and invalidation. To formulate a unified identification system for geographical indications of origin and organize its implementation.
(5) Responsible for establishing a public service system for intellectual property rights. Build a national public service platform for intellectual property information that is convenient for enterprises and benefits the people, and promote the dissemination and utilization of intellectual property information such as trademarks and patents.
(6) to be responsible for coordinating foreign-related intellectual property matters. Formulate policies on foreign-related work of intellectual property rights and conduct foreign intellectual property rights negotiations according to the division of labor. Carry out international liaison, cooperation and exchange activities in intellectual property work.
(7) Complete other tasks assigned by the CPC Central Committee and the State Council.
(8) functional transformation.
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 of intellectual property services, expand the opening of patent agency field, and relax the conditions for shareholders or partners of patent agencies.
3. speed up the construction of a 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 professional guidance of trademark patent law enforcement, formulating and guiding the implementation of trademark rights, patent rights and infringement judgment standards, formulating inspection, appraisal and other relevant 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 matters. The Ministry of Commerce is responsible for multilateral and bilateral negotiations on intellectual property rights related to economy and trade, bilateral consultation mechanism on intellectual property rights cooperation and coordination of domestic positions.
3. Division of responsibilities with the National Copyright Administration. The work related to copyright management shall be carried out in accordance with the provisions of the CPC Central Committee and the State Council on the functions of copyright management.
Legal basis:
Article 24 of the Regulations on Patent Agency (Order No.76 of the State Council) Where a patent agency's practice license or patent agent's qualification certificate is obtained by concealing the real situation or resorting to deception, the patent administrative department of the State Council shall revoke the practice license and patent agent's qualification certificate.
after obtaining the practice license, if the patent agency no longer meets the conditions stipulated in these regulations due to changes in circumstances, the patent administrative department of the State Council shall order it to make rectification within a time limit; If it fails to make corrections within the time limit or fails to pass the rectification, its practice license shall be revoked.
Article 25 Where a patent agency commits any of the following acts, the patent administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall order it to make corrections within a time limit, give it a warning and may impose a fine of less than 1, yuan; If the circumstances are serious or are not corrected within the time limit, the administrative department for patent in the State Council shall order it to stop undertaking new patent agency business for 6 months to 12 months, until the practice license of the patent agency is revoked:
(1) The partner, shareholder or legal representative and other matters have changed without going through the formalities of change;
(2) accepting the entrustment of other parties with conflicts of interest on the same patent application or patent right;
(3) appointing a patent agent to undertake the patent agency business with conflicts of interest with himself or his close relatives;
(4) disclosing the contents of the invention and creation of the client, or applying for a patent in his own name or requesting the invalidation of the patent right;
(5) neglect of management, resulting in serious consequences.
If a professional agency divulges the contents of its clients' inventions and creations in the course of its practice, involving the disclosure of state secrets or infringement of commercial secrets, or offering bribes to the staff of relevant administrative and judicial organs and providing false evidence, it shall bear legal responsibilities in accordance with the provisions of relevant laws and administrative regulations; The patent administrative department of the State Council shall revoke the practice license of the patent agency.