Chapter 1 General Provisions Article 1 In order to strengthen the protection of intellectual property rights, stimulate the vitality of innovation and creativity, promote high-quality development, and optimize the business environment of fair competition, in accordance with the relevant laws and regulations, and in combination with the actual situation of the province, these regulations are formulated this method. Article 2 These Measures apply to the protection of intellectual property rights and related activities within the administrative region of this province.
The term “intellectual property rights” as mentioned in these Measures refers to the rights holder’s legal rights regarding works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, integrated circuit layout designs, new plant varieties and legal provisions. exclusive rights enjoyed by other objects. Article 3 People's governments at or above the county level shall strengthen leadership over intellectual property protection, promote the implementation of intellectual property strategies, incorporate intellectual property protection into national economic and social development plans, improve the intellectual property protection system, and strengthen intellectual property protection funding guarantees. Implement territorial responsibilities for intellectual property protection. Article 4 The market supervision and administration (intellectual property rights) departments of the people's governments at or above the county level are responsible for organizing, coordinating, and implementing intellectual property protection work within their respective administrative regions, and are responsible for inventions, utility models, designs, trademarks, geographical indications, commercial secrets, and integration in accordance with the law. Intellectual property protection of circuit layout design and related work.
Local copyright authorities at or above the county level are responsible for copyright protection and related work in their respective administrative regions in accordance with the law.
The agricultural, rural and forestry departments of the people's governments at or above the county level are responsible for the protection of new plant variety rights and related work in accordance with the law.
Relevant departments such as development and reform, education, science and technology, economy and informatization, public security, judicial administration, finance, commerce, culture and tourism, Internet information, and finance shall do a good job in intellectual property protection in accordance with their respective responsibilities. .
The departments specified in paragraphs 1, 2, and 3 of this article are hereinafter collectively referred to as the intellectual property management departments. Chapter 2 Protection Mechanism Article 5 People's governments at or above the county level shall establish a coordination mechanism for intellectual property protection, coordinate and promote intellectual property protection, and coordinate and resolve major issues in intellectual property protection. Article 6 People's governments at or above the county level shall establish an assessment and evaluation system for intellectual property protection work, and include intellectual property protection performance as part of the government performance assessment and business environment evaluation systems. Article 7 People's governments at or above the county level shall establish special funds for intellectual property protection to be used for intellectual property protection and related activities.
Measures for the use and management of special funds for intellectual property protection shall be formulated by the financial department at or above the county level in conjunction with the intellectual property management department at the same level. Article 8 People's governments at or above the county level shall promote the establishment of a working mechanism for financial innovation in the field of intellectual property, and establish and improve an intellectual property investment and financing system with government funding guidance, social capital participation, and market-oriented operation.
Encourage and guide financial institutions to carry out innovation in intellectual property financial products and services. Article 9 The provincial intellectual property management department shall formulate guidelines for intellectual property analysis and evaluation work and strengthen guidance on intellectual property analysis and evaluation work.
In major economic and scientific and technological activities, departments such as development and reform, science and technology, economy and information technology shall, in accordance with the national and In accordance with the relevant regulations of this province, we will conduct intellectual property analysis and review together with the intellectual property management department to prevent intellectual property risks. Article 10 Provincial and districted municipal intellectual property management departments shall strengthen monitoring and research on the current status, trends and competition of intellectual property development, and work with commerce departments, relevant industry organizations, etc. to monitor overseas intellectual property events and intellectual property rights that have a significant impact. Analyze and study the changes in legal amendments to provide risk warnings for market entities to carry out foreign economic, trade and investment activities. Article 11 The intellectual property management department and other relevant departments shall establish and improve the emergency prevention and control system in the field of intellectual property, strengthen the monitoring of intellectual property emergencies, establish emergency response plans, improve and implement major incident reporting, emergency response, Information release and other mechanisms. Article 12 The provincial intellectual property management department shall work with the provincial commerce, science and technology, economic and information technology departments to improve the review procedures and rules involving the external transfer of intellectual property rights in technology exports, and standardize the order of external transfers of intellectual property rights. Article 13 encourages China (Anhui) Free Trade Pilot Zone, Hewu Beng National Independent Innovation Demonstration Zone and other innovative intellectual property protection systems and mechanisms and related measures to explore the construction of national intellectual property protection demonstration zones and establish complete, convenient and efficient knowledge Property rights protection linkage system.
Article 14 Establish and improve regional intellectual property protection cooperation mechanisms, strengthen regional intellectual property rights protection work, improve case acceptance and transfer, joint investigation, mutual recognition of evidence and other working mechanisms, and achieve mutual assistance in intellectual property law enforcement, regulatory interaction, information exchange, and experience exchange. Learn. Chapter 3 Administrative Protection Article 15 The intellectual property management department shall guide natural persons, legal persons 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.
Intellectual property management departments should handle abnormal patent applications, malicious trademark registrations and other intellectual property violations in accordance with the law. Article 16 The provincial market supervision and administration (intellectual property rights) department shall establish and improve the trademark protection list system, and include registered trademarks in the province that enjoy high popularity, have great market influence, and are easily infringed and counterfeited, into the scope of key protection.