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Shanghai Intellectual Property Protection Regulations

Chapter 1 General Provisions Article 1 In order to comprehensively strengthen the protection of intellectual property rights, stimulate the vitality of innovation and creativity, promote the construction of Shanghai Science and Technology Innovation Center, and create a world-class business environment and innovation environment, according to the "People's Republic of China The National and Civil Code, the Patent Law of the People's Republic of China, the Trademark Law of the People's Republic of China, the Copyright Law of the People's Republic of China, and other laws and administrative regulations are formulated based on the actual situation of this city. these regulations. Article 2: These regulations apply to the protection, management and related activities of intellectual property rights within the administrative region of this city.

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 This city carries out intellectual property protection work and adheres to the principles of “strict protection, extensive protection, quick protection, and simultaneous protection”, adheres to the combination of administrative protection, judicial protection and social governance, and deepens the work system and mechanism for intellectual property protection. Reform and build an international intellectual property protection highland with complete institutions, sound systems and superior environment. Article 4 The municipal and district people's governments shall strengthen the leadership of intellectual property protection work, improve the intellectual property protection system, establish an intellectual property joint meeting, organize, guide and supervise the intellectual property protection work within their respective administrative regions, and study and formulate major intellectual property protection measures. Policies and strategic planning, and overall planning and promotion of major issues in intellectual property protection. The specific work is undertaken by the intellectual property department at the same level.

Intellectual property protection work should be included in national economic and social development plans and included in government performance evaluation. Article 5: Municipal and district intellectual property departments are responsible for organizing, coordinating, and implementing intellectual property protection work, and assume the protection responsibilities of patents, trademarks, and geographical indications in accordance with the law.

The municipal copyright department is responsible for copyright protection work in the city in accordance with the law, and the copyright departments in each district are responsible for copyright protection work within their respective districts.

Municipal and district agricultural, rural and forestry departments are responsible for the protection of new plant varieties in accordance with the law.

Relevant departments such as state-owned assets supervision, economic informatization, science and technology, commerce, public security, development and reform, finance, and judicial administration shall cooperate in the protection of intellectual property rights in accordance with their respective responsibilities.

The municipal intellectual property department should play an organizational and coordinating role, work closely with other departments responsible for intellectual property protection and management, and take the lead in establishing working mechanisms such as information notification, situation consultation, and joint issuance of documents. Article 6: In accordance with the requirements for intellectual property protection, this city integrates and optimizes law enforcement resources and promotes comprehensive law enforcement in the field of intellectual property rights.

Municipal and district market supervision, culture and tourism departments shall, in accordance with their duties, investigate and deal with illegal activities in patents, trademarks, geographical indications, trade secrets, copyrights, etc. in accordance with the law. Article 7 This city promotes regional intellectual property protection consultations and information sharing in the Yangtze River Delta, establishes a rapid regional intellectual property rights protection mechanism, improves working mechanisms such as case filing assistance, investigation and evidence collection, mutual recognition of evidence, and emergency linkage, and implements major intellectual property rights protection mechanisms. Combined credit punishment for illegal acts to achieve mutual assistance in intellectual property law enforcement, regulatory interaction, information exchange, and mutual learning of experience.

This city strengthens cooperation with other provinces and cities in intellectual property protection, and cooperates with and assists relevant administrative agencies and judicial agencies in other provinces and cities to carry out investigations, evidence collection, and document delivery. Article 8: This city will broaden the channels for external cooperation and exchanges on intellectual property rights, strengthen cooperation and exchanges with international organizations such as the World Intellectual Property Organization, and build an intellectual property protection system that is in line with international standards.

Encourage and support social organizations to carry out international exchanges and cooperation in intellectual property protection in accordance with the law. Article 9 This city shall commend and reward units and individuals that have made significant contributions to the protection of intellectual property rights in accordance with relevant regulations. Article 10 The standing committees of municipal and district people's congresses shall strengthen supervision of intellectual property protection by listening to and reviewing special work reports and conducting law enforcement inspections. Chapter 2 System Construction Article 11 Intellectual property, copyright, agriculture and rural, forestry, market supervision and other departments (hereinafter collectively referred to as "intellectual property-related management departments") shall provide services for market entities' intellectual property acquisition, transfer, rights protection and other activities. Guidance, guidance and service.

Article 12: Intellectual property-related management departments shall work with relevant departments to guide universities, scientific research institutions, enterprises, etc. to establish and improve intellectual property management systems and implement intellectual property management regulations.

The state-owned assets supervision department and entrusted supervision units should work with the relevant intellectual property management departments to strengthen guidance on the protection of intellectual property rights of state-owned enterprises in this city, and clarify and implement the primary responsibility of the main person in charge of the enterprise for the management and protection of intellectual property rights. system to improve the level of intellectual property management and protection of state-owned enterprises. Article 13 The municipal intellectual property department shall promote the construction of a rapid patent review mechanism and provide a fast track for patent application and confirmation of patent rights for national key development industries and strategic emerging industries of this city, etc. in accordance with relevant regulations. Article 14: This city establishes an intellectual property evaluation system. Municipal and district people's governments should analyze and evaluate the status of technology-related patents and other intellectual property rights involved in the projects to prevent intellectual property risks before establishing major industrial plans, government investment projects in high-tech fields, and other major economic activities.