Chapter 1 General Provisions Article 1 In order to strengthen the protection of intellectual property rights, create a business environment that respects the value of knowledge and fair competition, stimulates innovation vitality, and promotes high-quality development, in accordance with relevant laws and regulations, combined with the actual situation of the province , formulate these regulations. Article 2 These regulations shall apply to activities related to intellectual property protection within the administrative region of this province. Article 3 The term “intellectual property rights” as mentioned in these Regulations refers to the right holder’s legal rights to works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, integrated circuit layout designs, new plant varieties and other objects specified by law. exclusive rights. Article 4 The protection of intellectual property rights shall follow the principles of comprehensive protection, strict protection, equal protection and protection in accordance with the law, adhere to the combination of administrative protection, judicial protection and social protection, and safeguard the legitimate rights and interests of intellectual property rights holders and related rights holders. Article 5 The people's governments of provinces, cities, and counties (including county-level cities and districts, the same below) shall strengthen leadership over intellectual property protection, establish a coordination mechanism for intellectual property protection, and incorporate intellectual property protection into national economic and social development plans. , include intellectual property protection funds in the fiscal budget of the same level. Article 6: The departments in charge of intellectual property rights of the provincial, municipal, and county people's governments (hereinafter referred to as the departments in charge of intellectual property rights) are responsible for organizing and promoting the protection of intellectual property rights.

Market supervision and management, forestry and grassland, agriculture and rural areas, culture and tourism, copyright and other departments (hereinafter referred to as the intellectual property management department), perform the intellectual property protection responsibilities within their respective powers in accordance with the law.

The development and reform, science and technology, industry and information technology, public security, judicial administration, finance, commerce, customs and other departments shall do a good job in intellectual property protection in accordance with their respective responsibilities. Article 7 The intellectual property authorities and administrative departments shall strengthen the publicity work on intellectual property protection.

Encourage radio, television, newspapers, the Internet and other media to carry out public welfare publicity on intellectual property protection. Article 8 The provincial, municipal and county people's governments shall, in accordance with relevant national and provincial regulations, commend groups and individuals that have made outstanding contributions to intellectual property protection. Chapter 2 Administrative Protection Article 9 Provincial, municipal, and county intellectual property authorities shall promote the effective connection between standard formulation and patent layout around key industrial chains, and promote the creation and reserve of intellectual property in key areas.

Provincial intellectual property authorities should provide priority patent review channels for key development industries and strategic emerging industries in accordance with relevant national regulations.

Provincial intellectual property authorities should promote the establishment of intellectual property protection centers to carry out rapid review, rapid rights confirmation, and rapid rights protection, so as to reduce the rights protection costs of intellectual property rights holders and related rights holders. Article 10 The provincial intellectual property authorities and management departments shall guide practitioners in industries and fields such as software, agricultural products, traditional Chinese medicine, and time-honored commercial brands to use the protection rules for intellectual property objects in accordance with the law to safeguard the legal rights of intellectual property rights holders and related rights holders. rights and interests.

Provincial intellectual property authorities and management departments should provide necessary training and guidance for the protection of intellectual property rights in new business forms and fields. Article 11 Relevant administrative departments shall analyze and evaluate the status of technology-related intellectual property rights involved in the project before establishing government investment projects in high-tech fields and other major economic activities to prevent intellectual property risks. Article 12 The provincial commerce department shall, in conjunction with the intellectual property authorities, industry and information technology, science and technology and other departments, formulate and improve transfer review rules for external transfers of intellectual property rights involved in technology exports in accordance with relevant national regulations to safeguard national security and Major public interests. Article 13 The intellectual property authorities and management departments shall make administrative rulings on intellectual property disputes in accordance with the law upon the request of the parties.

Before making administrative rulings on intellectual property disputes, the intellectual property authorities and management departments may first mediate based on the principle of voluntariness of the parties. If mediation fails, an administrative ruling shall be made in a timely manner. Article 14: Provincial, municipal and county intellectual property authorities shall strengthen intellectual property quality orientation and guide applicants and agencies to apply for trademark registration and patent applications in accordance with the law.

Intellectual property authorities and administrative departments with the power to impose penalties shall investigate and punish malicious trademark registration applications and abnormal patent applications that are not intended for use in accordance with the law. Article 15 The provincial intellectual property authorities and management departments shall establish and improve a unified information sharing platform for administrative law enforcement and judicial adjudication with the people's courts, establish and improve an administrative law enforcement case guidance mechanism for intellectual property protection, and promote the investigation of administrative law enforcement agencies. The processing standards for evidence collection, evidence review, determination of infringement and liability assumption are consistent with the judicial standards. Article 16 When carrying out administrative law enforcement, the intellectual property authorities and management departments shall exercise the following powers in accordance with the law:

(1) Conduct on-site inspections of sites suspected of illegal activities by means of measurement, photography, video, etc.;

(2) Inspect and copy the parties’ business records, bills, account books, contracts and other materials related to the suspected illegal conduct, and require the parties to provide other materials related to the conduct under investigation;

( 3) Question the relevant parties and investigate the situation related to the suspected illegal activities;

(4) Seize and detain products and items with evidence that they are counterfeit and infringing in accordance with the law;

(5) ) If the party is suspected of infringing intellectual property rights such as manufacturing method patents, the party concerned shall be required to conduct on-site demonstrations, but protective measures shall be taken to prevent leakage of secrets and relevant evidence shall be fixed;

(6) Other powers stipulated by laws and regulations.