Chapter 1 General Provisions Article 1 In order to strengthen the protection of intellectual property rights, promote innovative development, and promote the construction of a strong province with intellectual property rights, these regulations are formulated in accordance with relevant laws and administrative regulations and in combination with the actual conditions of this province. Article 2 These Regulations apply to intellectual property creation, use, protection, management, services and other activities within the administrative region of this province.
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, utility 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 protection and promotion of intellectual property rights shall follow the principles of encouraging creation, promoting use, protecting according to law, scientific management and optimizing services. Article 4 People's governments at or above the county level shall incorporate intellectual property protection and promotion into national economic and social development plans, innovate and improve the working mechanism for intellectual property protection and promotion, coordinate and resolve major issues in intellectual property work, and organize the required work The funds are included in the fiscal budget of the corresponding level. Article 5 The market supervision and administration departments of the people's governments at or above the county level are responsible for coordinating, coordinating and organizing the implementation of intellectual property protection and promotion work within their respective administrative regions, and are responsible for intellectual property rights such as patents, trademarks, geographical indications, trade secrets, integrated circuit layout designs, etc. in accordance with the law. Specific work on protection and promotion.
The copyright department of the people's government at or above the county level is responsible for the specific work of copyright protection and promotion in accordance with the law.
The agricultural, rural and forestry departments of the people's governments at or above the county level or other departments determined by the people's governments shall be responsible for the specific work of protecting and promoting new plant varieties and other intellectual property rights in accordance with the law.
Relevant departments such as development and reform, education, science and technology, industry and information technology, public security, human resources and social security, commerce, and customs should do a good job in protecting and promoting intellectual property rights in accordance with their respective responsibilities. Article 6 China (Shandong) Free Trade Pilot Zone, China-Shanghai Cooperation Organization Local Economic and Trade Cooperation Demonstration Zone, Jinan New and Old Growth Energy Conversion Starting Zone, High-tech Industrial Development Zone and other functional zones shall, in accordance with national authorization, pilot innovative intellectual property rights Protect systems and mechanisms, improve relevant policies and measures, and form reform and innovation experience and results that can be replicated and promoted. Article 7 People's governments at or above the county level shall build an intellectual property governance system with multi-party participation, encourage and support social forces to participate in work related to the protection and promotion of intellectual property rights, strengthen publicity and guidance, enhance the awareness of the whole society in protecting and promoting intellectual property rights, and create a respect for knowledge. , a social environment that advocates innovation, integrity and law-abiding.
Industry associations, chambers of commerce, etc. should promote industry self-discipline, guide members to enhance their awareness of intellectual property protection and promotion, and resist intellectual property violations.
News media should carry out public welfare publicity and public opinion supervision for intellectual property protection and promotion through various forms. Article 8 People's governments at or above the county level shall establish and improve an intellectual property recognition and reward system, and commend and reward units and individuals that have made outstanding contributions to the protection and promotion of intellectual property in accordance with relevant national and provincial regulations. Chapter 2 Creation and Application Article 9 People's governments at or above the county level shall promote the establishment of an intellectual property innovation system that combines market leadership, government guidance, social participation, industry, academia, research and services, and promote the creation and application of intellectual property. Article 10: Enterprises, universities, and scientific research institutions should strengthen the creation and reserve of intellectual property rights, increase the ownership of high-value intellectual property rights, improve the efficiency of the use of intellectual property rights, and promote the in-depth integration of intellectual property rights and industries.
Encourage enterprises, universities, and scientific research institutions to cooperate in establishing new research and development institutions such as technology research and development centers, industrial research institutes, and pilot bases to improve technological innovation capabilities. Article 11 Enterprises, universities, scientific research institutions and intellectual property service agencies shall focus on industrial development strategies, adopt intellectual property transformation and application strategies and operating models that are consistent with their own characteristics, and promote the industrialization of independent intellectual property rights.
People's governments at or above the county level and their relevant departments should give priority to supporting projects or products with independent intellectual property rights in terms of science and technology project establishment, industrialization of achievements, use of innovation funds, etc., and can provide financial subsidies and risk compensation through financial subsidies and risk compensation. Provide support through , venture capital guidance and other means. Article 12 Enterprises, colleges and universities, and scientific research institutions should establish an intellectual property rights distribution mechanism oriented by knowledge value, promote the reform of intellectual property rights distribution, and enhance the vitality and implementation efficiency of intellectual property transfer and transformation.
Encourage units to implement property rights incentives by granting the completers of job works, job scientific and technological achievements and other job intellectual property rights ownership or long-term use rights of job intellectual property rights. Unless otherwise provided by laws and administrative regulations, the unit may make an agreement with the person who completes the job intellectual property rights regarding the ownership, transfer, conversion and benefits of the intellectual property rights.
Encourage enterprises, colleges and universities, and scientific research institutions to improve the system of rewards and remuneration for service inventions, and clarify the conditions, procedures, methods, and amounts of rewards and remuneration for service inventions. Article 13: For scientific and technological achievements resulting from science and technology plan projects established with fiscal funds, on the premise of not harming national security, national interests and major social public interests, the project undertakers are authorized to obtain relevant intellectual property rights in accordance with the law. Project holders may invest and transform on their own in accordance with the law, transfer to others, join forces with others to jointly transform, license others to use, or make investment investments, etc.