Chapter 1 General Provisions Article 1 In order to strengthen the protection of intellectual property rights, stimulate innovation vitality, and optimize the market-oriented, legal and international business environment, this Article is formulated in accordance with relevant laws and administrative regulations and in conjunction with the actual conditions of the province. regulations. Article 2 These regulations apply to intellectual property protection and related work within the administrative region of this province. Article 3 People's governments at all levels shall implement territorial responsibilities for intellectual property protection, improve the working mechanism for intellectual property protection, strengthen the construction of work coordination mechanisms, and strengthen the construction of intellectual property protection work teams.
People's governments at or above the county level should incorporate intellectual property protection into national economic and social development plans, and include intellectual property protection funds into the fiscal budget at the same level. Article 4 The market supervision departments of the people's governments at or above the county level are responsible for the administrative protection of patents, trademarks, geographical indication products and trade secrets.
Local copyright authorities at or above the county level are responsible for the administrative protection of copyright.
The agricultural, rural and forestry departments of the people's governments at or above the county level are responsible for the administrative protection of new plant varieties and geographical indications of agricultural products in accordance with their respective responsibilities.
Press and publication, development and reform, education, science and technology, industry and information technology, public security, judicial administration, finance, human resources and social security, commerce, culture and tourism, health, radio and television, local financial supervision, customs , drug administration, traditional Chinese medicine and other relevant departments responsible for intellectual property protection shall do a good job in intellectual property protection in accordance with their respective responsibilities.
The departments specified in paragraphs 1, 2, and 3 of this article are hereinafter collectively referred to as the competent departments responsible for intellectual property protection. Article 5 The Provincial People's Government shall improve the joint meeting system for the implementation of intellectual property strategies, coordinate and promote the creation, use, protection, management, and services of intellectual property in the province, and coordinate and resolve major issues in intellectual property protection. Article 6 The Provincial People's Government shall publish a white paper on intellectual property protection every year to disclose to the public the status of intellectual property protection in the province.
People's governments at or above the county level and relevant departments should strengthen publicity and guidance on intellectual property protection, organize news media to carry out public welfare publicity on intellectual property protection through various forms, and create an environment that respects the value of knowledge, advocates innovation, and is honest and law-abiding. Intellectual property protection environment. Article 7 The Provincial People's Government shall strengthen the construction of intellectual property cooperation mechanisms in the Guangdong-Hong Kong-Macao Greater Bay Area, and rely on the regional intellectual property cooperation mechanisms of Guangdong-Hong Kong, Guangdong-Macao and the Pan-Pearl River Delta to promote cooperation in intellectual property protection, dispute resolution, information sharing, academic research, talent training and other work, and comprehensively strengthen exchanges and cooperation in the field of intellectual property protection.
Provincial and prefectural-level people's governments should expand channels for external cooperation and exchanges on intellectual property rights, and encourage and support enterprises, social organizations, and intellectual property service agencies to carry out international exchanges and cooperation on intellectual property protection in accordance with the law. Article 8 People's governments at or above the county level shall commend and reward groups and individuals that have made outstanding contributions to intellectual property protection in accordance with relevant national regulations. Chapter 2 Administrative Protection Article 9 The people's governments at or above the county level shall strengthen the source protection of intellectual property rights, promote the creation and reserve of intellectual property rights in key core areas, promote the establishment of industrial intellectual property alliances and industrial patent pools; support and guide natural persons, legal persons and non-governmental organizations. Legal person organizations obtain intellectual property rights in accordance with the law, improving the quality of intellectual property application and registration and the efficiency of intellectual property management.
The competent departments responsible for intellectual property protection should strengthen the quality supervision of intellectual property application and registration, and investigate and deal with abnormal patent applications, malicious registration of trademarks, duplicate registration of work copyrights, and malicious registration in accordance with the law. Article 10 The competent departments and relevant departments responsible for intellectual property protection shall strengthen the intelligent construction of intellectual property protection, use new technologies such as big data, artificial intelligence, and blockchain to verify clues and information involved in the case, trace the source, and track the flow of key commodities. , innovative protection methods in terms of online dissemination of key works, real-time monitoring and online identification of infringement, evidence collection and storage, and online dispute resolution. Article 11 People's governments at the provincial and prefectural levels and above shall establish and improve an intellectual property analysis and evaluation mechanism.
For major regional and industrial planning involving intellectual property rights, as well as major government investment projects established using fiscal funds or state-owned capital, major independent innovation projects, major technology introduction or export projects, major talent management and introduction projects and other major economic and scientific and technological activities, projects The competent unit should organize and carry out intellectual property analysis and review to prevent intellectual property risks.
Relevant departments such as commerce and science and technology, agriculture and rural areas, market supervision, and forestry carry out review of external transfers of intellectual property rights in accordance with relevant national regulations to safeguard national security and major public interests. Article 12 The Provincial People's Government shall establish and improve the cooperation mechanism for intellectual property law enforcement, establish unified and coordinated law enforcement standards, evidence rules and case guidance systems, and improve the notification of clues to intellectual property violations, case circulation, law enforcement linkage, mutual recognition of inspection and appraisal results, etc. system to strengthen cross-department and cross-regional cooperation in handling intellectual property cases.
When handling intellectual property violations, the competent departments and relevant departments responsible for intellectual property protection discover clues to intellectual property cases that belong to other departments, they should promptly report in writing and transfer the clues to the competent department at the same level. .
The Provincial People's Government should promote the establishment of an inter-provincial intellectual property law enforcement cooperation mechanism and assist each other in investigation and evidence collection, document delivery and other tasks.