Chapter 1 General Provisions Article 1 In order to strengthen the protection of intellectual property rights, stimulate the vitality of innovation, entrepreneurship and creativity, and promote high-quality transformation and development, these regulations are formulated in accordance with relevant laws and administrative regulations and in combination with the actual situation of this province. Article 2 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 and applications New 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 People's governments at or above the county level shall strengthen leadership over intellectual property protection, incorporate intellectual property protection into national economic and social development plans, improve the intellectual property protection system, and incorporate required funds into the fiscal budget at the same level. Article 4 The market supervision and administration departments of the people's governments at or above the county level are responsible for the protection of intellectual property rights and related work for patents, trademarks, geographical indications, trade secrets, and layout designs of integrated circuits.
The agricultural and rural, forestry and grassland departments of the people's governments at or above the county level are responsible for the intellectual property protection of new plant varieties and related work.
Copyright management departments at or above the county level are responsible for copyright intellectual property protection and related work.
Relevant departments such as development and reform, industry and informatization, education, science and technology, public security, judicial administration, commerce, culture and tourism, cyberspace, and customs shall, in accordance with their respective responsibilities, carry out work related to intellectual property protection.
The departments specified in paragraphs 1, 2, and 3 of this article are hereinafter collectively referred to as the departments responsible for intellectual property protection. Article 5 People's governments at or above the county level and relevant departments shall strengthen the publicity and popularization of intellectual property protection, enhance the awareness and ability of intellectual property protection in the whole society, and create an intellectual property protection environment that respects the value of knowledge, advocates innovation, and is honest and law-abiding.
Encourage news media to carry out public welfare publicity on intellectual property protection. Article 6 The people's governments at or above the county level shall, in accordance with relevant regulations, commend and reward units and individuals that have made outstanding contributions to the protection of intellectual property rights. Article 7: Encourage and support social forces to participate in work related to intellectual property protection, provide intellectual property rights protection assistance, and provide intellectual property protection services. Chapter 2 Working Mechanism Article 8 The Provincial People's Government shall coordinate the implementation of the province's intellectual property strategy, establish a joint meeting system for intellectual property protection, and coordinate and resolve major issues in intellectual property protection.
The people's governments of cities and counties (cities and districts) divided into districts should establish a coordination mechanism for intellectual property protection. Article 9 The Provincial People's Government shall establish an assessment mechanism for intellectual property protection work to assess the performance of protection duties by districted cities, counties (cities, districts) people's governments, departments responsible for intellectual property protection, and other relevant departments in accordance with the law. Article 10 The Provincial People's Government shall establish an intellectual property protection cooperation mechanism with other provinces, improve working procedures such as case filing assistance, investigation and evidence collection, mutual recognition of evidence, and emergency response linkage, and achieve maximum sharing of intellectual property protection information and mutual assistance and interaction in law enforcement and supervision. . Article 11 The provincial department responsible for intellectual property protection shall, in conjunction with the provincial industry and information technology, commerce, science and technology departments, formulate and improve the review procedures and rules for the external transfer of intellectual property rights involved in technology exports in accordance with relevant national regulations, and standardize intellectual property rights. External transfer behavior. Article 12: This province has established and improved a diversified intellectual property dispute handling mechanism, and adopted self-negotiation, administrative adjudication, mediation, arbitration, litigation and other methods to resolve intellectual property disputes.
Encourage intellectual property dispute resolution agencies to use network information technology to resolve intellectual property disputes online. Article 13: This province establishes and improves the linkage mechanism between administrative enforcement and judicial enforcement of intellectual property protection, and promotes the exchange and sharing of information between administrative agencies and judicial agencies in terms of illegal clues, monitoring data, typical cases, etc. Chapter 3 Administrative Protection Article 14 The department responsible for intellectual property protection shall guide natural persons, legal entities and unincorporated organizations to safeguard their legitimate rights and interests through copyright registration, patent application, trademark registration, geographical indication application, new plant variety application, etc.
The departments responsible for intellectual property protection shall handle abnormal patent applications, malicious applications for trademark registration and other intellectual property violations in accordance with the law.
Article 15 The market supervision and administration department of the Provincial People's Government shall establish and improve the province's key trademark protection list system, and include the province's registered trademarks that enjoy high popularity, have great market influence, and are prone to infringement and counterfeiting into the scope of key protection. Article 16 The provincial copyright management department shall issue copyright early warning reminders to major network service providers based on the copyright early warning key protection list issued by relevant national departments, and strengthen the monitoring of infringement activities. Article 17 People's governments at or above the county level shall encourage the application for registration of geographical indication trademarks and geographical indication products, and strengthen the management of the use of geographical indications.
Encourage and guide natural persons, legal persons and unincorporated organizations to use geographical indication collective trademarks and certification marks. Article 18 The market supervision and administration departments of the people's governments at or above the county level shall guide operators to enhance their awareness of trade secret management and adopt reasonable protective measures to prevent the leakage of trade secrets. Article 19 The commerce, market supervision and management departments of the people's governments at or above the county level shall strengthen the protection of time-honored products, techniques and services.