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.
main responsibilities
(1) to be responsible for formulating 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.
Legal basis:
Article 61 of the Patent Law of the People's Republic of China
If a patent infringement dispute involves an invention patent of a new product manufacturing method, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute.