Office of the Inter-Ministerial Joint Meeting for Implementation of the
National Intellectual Property Strategy
This plan is promulgated to implement the requirements of the 18th National
Congress of the Communist Party of China(CPC) and the 3rd Plenary Session of the
18th CPC Central Committee, carry out the requirements of the national
television and telephone conference on implementing intellectual property
strategy, promote the deep and efficient implementation of the national
intellectual property strategy, identify the primary goals and measures for the
implementation of the strategy in 2014.
I. Raising the Intellectual Property (IP) Creation Quality
Goals:
Improving IP performance evaluation system, raising the pertinence and
efficiency of the IP creation. Optimizing the policy orientation for improving
the quality of patent application, strengthening the supervision on the quality
of patent applications. Improving examinations of various IP types,
strengthening the quality management, raising the examination efficiency.
Upgrading the creation capability of IP innovators, enhancing IP layout in key
fields.
Measures:
1. Implement the Opinions on further Improving the Quality of Patent
Applications, optimize the orientation of regional patent evaluation, improve
general policy on patent subsidizing, implement special patent subsidizing
policy, highlight the quality orientation of patent awarding policy, promote the
integration of quality index of patent applications into relevant policies.
2. Establish the supervision system for facilitating the quality improvement
of patent applications, strengthen the monitoring and handling of low quality
patent applications, develop the credit database of patent applicants, seriously
handle the cases involving swindling patent subsidies and awards, explore to
establish the quality monitoring and feedback system of patent applications.
3. Raise the trademark registration efficiency, strengthen the quality
management of trademark examination, ensure the trademark examination pendency
below 9 months and the disagreement review pendency below 12 months.
4. Promote the implementation of the Notice on further Standardize the
Copyright Registration Procedure and Relevant Works, improve registration of
various copyrights, such as literatures, computer software, and
hypothecations.
5. Establish the pilot and demonstration projects on forestry IP, improve the
performance evaluation system on pilot units, guide the pilot units to raise IP
quality.
6. Promote the core IP cultivation in the strategic technology-led projects
and major projects, explore the establishment of IP quality supervising index
system in China Academy of Science, publish the annual report on IP quality.
7. Select key technologies of national defense, organize analysis on patent
status and trends, guide the IP layout, form IP portfolios with advantages.
II. Upgrading the Effectiveness of IP Utilization
Goals:
Strengthening the connection between IP policies and industrial, regional
policies, promoting the IP in strategic emerging industries, conduct study on
the development mode and the cultivation policy relating to Chinese IP-intensive
industries. Refining the transformation and utilization mechanisms for IP-cored
and IP-based innovations, implementing the policies and measures facilitating
the IP transfer and transformation, promoting the materialization,
commercialization and industrialization of IP rights.
Measures:
8. Accelerate the cultivation and development of strategic emerging
industries, strengthen the aggregated IP administration of strategic emerging
industries, publish patent development report on national strategic emerging
industries.
9. Carry out the fundamental research on IP-intensive industries, identify
the scope of IP-intensive industry, explore the establishment of catalogue and
statistical specifications for IP-intensive industry in line with China's own
conditions.
10. Promote the revision of the Law of the PRC on Promoting the
Transformation of Scientific and Technological Achievements, promote the
research institutions and colleges to establish technology transfer system,
reform and refine the management and distribution system for scientific and
technological achievements in central public institutions, set up national
guidance fund for the transformation of scientific and technological
achievements, actively promote the patent sharing and achievement transformation
in the strategic alliance for industrial technology innovations.
11. Raise the IP utilization capabilities of industrial enterprises,
publicize and implement the Guideline for IP Management in Industrial
Enterprises, regulate the IP utilization capability evaluation index of
enterprises, support the local governments to develop featured-industry or
regional IP utilization pilot projects with focus on the industrial
transformation and upgrading.
12. Study and formulate the Management Regulations on the Property Exhibition
and Trading Platform of Technological Achievements in Seed Industry, publish the
relevant exhibition and trade information, promote the standard trade contracts,
trade rules and regulations.
13. Establish the patent exhibition and matching platform for the new
varieties of plants and relevant IPRs, implement the promotion project for
forestry IP industrialization; select a number of granted new varieties of
plants for transformation and utilization in various forestry technology plans;
establish IP strategic alliance in the key forestry fields.
14. Strengthen the development of national base for copyright trading,
support the organization of large-scale copyright fairs, such as the 2014 China
International Copyright Expo, and the Fuzhou Cross-Strait Copyright (Creative)
Industry Fair.
15. Accelerate the implementation of patent-oriented pilot projects, carry
out the patent-oriented analysis projects in 3 patent-oriented experimental
zones, explore the establishment of working mechanism closely integrating patent
analysis and industry operation decision, develop patent storation and operation
projects in 2-3 key industrial technology areas.
16. Promote the IP financial service, enhance the IP mortgage financing, IP
investment and financing, and patent insurance, establish the patent transfer
and transformation service mechanism in IP demonstration zones, promote the
utilization of patent value analysis index system.
17. Draft policies and opinions on rights ownership and benefit distribution
of IP rights in the national defense area, carry out the national defense IP
utilization pilot, promote pilot programs for the transformation and utilization
of national defense IP.
18. Draft the policies on promoting the IP transformation between military
and civil fields, develop and promulgate the IP transformation and
implementation catalogue, provide the pilot and demonstration programs for IP
transformation and utilization, promote the two-way IP transformation and
utilization between military and civil areas.
III. Raising the Effectiveness of IP Protection
Goals:
Refining the IP legislation, improving the long-term mechanism for IP
protection. Promoting the development of IP trial system, raising IP judicial
protection level. Enhancing the capacity of IP administrative enforcement,
implementing special enforcement and assistance programs for key fields,areas
and procedures. Promoting the mediation of IP disputes and, improving the
diversified dispute resolution mechanisms. Strengthening the IP protection in
cyber environment, enhancing the protection for IP resources in the traditional
advantage areas.
Measures:
19. Promote the drafting and revising of relevant laws and administrative
regulations, such as Copyright Law, Patent Law, Implementation Regulation of
Trademark Law, and Service Invention Regulation.
20. Complete the drafting of the Interpretation on Several Issues Concerning
the Application of Law in the Trial of Patent Infringement Disputes (II),
Decision on Amendments to the Interpretation on Several Issues Concerning the
Application of Law to the Trial of Patent Dispute Cases, Interpretation on
Several Issues Concerning Applicable Law in the Trial of Trademark Civil
Disputes, Provisions on Several Issues Concerning Applicable Law in the Trial of
Trademark Granting and Confirmation Administrative Cases, Interpretation on
Several Issues Concerning the Applicable Law in IP Attachment before the
Institution of an Action.
21. Continue to promote the drafting and formulating of Regulations on
Administration of the protection of Innovative Pharmaceutical, strengthen the
protection of innovative pharmaceutical.
22. Explore the establishment of IP special court, optimize the IP protection
system, improve the incentive mechanism for innovation.
23. Improve the mechanism linking administrative enforcement and judicial
enforcement, refine central-level information sharing platform, accelerate the
establishment of information sharing platforms at provincial and lower levels,
promote the integration of the above platforms, provide effective case transfer
and feedback. Publish the case information concerning administrative punishment
against producing and selling counterfeited and shoddy goods and IP infringement
according to the law.
24. Study and formulate the Implementation Opinions on the Management
Regulations of Legitimate Software Application in Governmental Agencies, carry
out supervision and inspection on application of legitimate software, improve
performance assessment on legitimate software application in governments at
municipal and county levels, further promote the legitimate software application
in enterprises with focus on state-owned enterprises, financial institutions,
large-scale and private enterprises, press and publication industry, guide
enterprise to strengthen management on software assets, develop carry out
special inspection on the pre-installation of legitimate operation system
software in computers.
25. Carry out IP antitrust investigation, initiate antitrust investigation at
appropriate time into following activities: abusing market dominant position to
refuse license, license with high price, reverse payment, and using patent pool
to make price monopoly agreement to exclude and limit competition.
26. Highlight the fight against crimes with serious social influence and
strong public reaction, such as producing and selling counterfeit medicines,
foods, agricultural products, daily chemicals, mechanical and electrical
products, refine the integrated and informatization fight mechanism, with focus
on application of the counterfeits tracing technology, promote the coordination
mechanism between police and enterprises, accelerate the sharing of logistics
information and administrative enforcement information, improve the actual fight
application mechanism.
27. Strengthen the IP protection in cyber environment, carry out special
crackdown major infringement and counterfeit goods sold on Internet.
28. Implement the 10th Swordnet campaign against online copyright piracy,
implement special crackdown on online copyright piracy.
29. Implement the Project on Enhancing Patent Administrative Enforcement
Capability, establish and improve mechanisms of IP protection assistance and
complaint, patent enforcement coordination, fast patent dispute mediation and
patent infringement determination, raise the patent administrative enforcement
capabilities, improve the IP protection assistance and complaint platform,
refine the evaluation index system of enforcement performance.
30. Promote the mechanism construction on IP dispute mediation and
arbitration, cultivate a number of IP institutions with public credibility on IP
dispute mediation and arbitration, enhance the roles of civil mediation,
administrative mediation and arbitration in solving IP disputes.
31. Actively expand the business field of IP notarization, accelerate the
establishment of IP pre-protection mechanism.
32. Enhance the IP protection in specialized market, cultivate a number of
model specialized markets, promote the establishment of the evaluation system
for IP protection in specialized markets.
33. Refine the IP protection in free trade zone, explore the supervision
mechanism on transshipment cargo with suspected IP infringement.
34. Research the basic principles of IP protection social credit evaluation,
refine the social credit system.
35. Enhance regional and departmental cooperation on trademark administrative
enforcement, prioritize the investigations into the cross-regional and
large-scale trademark infringement cases with serious social influence, severely
combat "imitation of famous brand" behaviors, further refine the long-term
trademark protection mechanism.
36. Carry out active copyright supervision on large-scale online content
suppliers, expand the supervision scope at appropriate time, refine the
long-term working mechanism, further standardize the copyright order of online
literature.
37. Improve the coordination mechanism of geographical indications, promote
the united recognition and protection of geographical indications, explore the
legislative research on uniform provisions on the granting, administration and
protection of geographical indications.
38. Carry out special campaigns against the new variety of plants right
infringement and the producing and selling of counterfeited and shoddy
seeds.
39. Continue to promote the legislative process of the Regulations on the
Access to and Benefit-Sharing of Genetic Resources, implement national working
plans on improving access and benefit-sharing of genetic resources.
40. Promulgate the Research Outline for Protection of Traditional Knowledge
of Traditional Chinese Medicine, carry out the national survey on traditional
knowledge of Chinese traditional medicine, set up preliminary protection
catalogue and database for the traditional knowledge of Chinese traditional
medicine.
41. Promote the online dissemination of the folklore database, explore the
benefit-sharing mechanism between folklore depositaries and following
creators.
42. Strengthen the investigation and handling of major IP cases in customs,
improve the unified enforcement, upgrade the IP Protection and Enforcement
System in Customs, support the establishment of the regional IP protection ally
for the enterprises holding self-developed IP rights, conduct investigation into
the IP protection by customs among the enterprises exporting famous band
products.
43. Accelerate the revision of the National Defense Patents Ordinance,
strengthen the protection to the IP relating to national defense, launch the
pilot program for the protection to the IP rights relating to national
defense.
IV. Improving IP Management and Public Service
Goals:
Improve the IP management and public service system with focus on creating
favorable development environment and providing excellent public services.
Promoting the construction of public IP information service platform, improving
the information disclosure. Promoting the construction of IP appraisal mechanism
for major economic activities, improving the IP information analysis and early
warning in key areas. Raising the IP management capabilities of enterprises,
universities and institutes.
Measures:
44. Promulgate the policies on improving IP management, refine the IP
management mechanism, improve IP management capabilities of the government,
industries, enterprises, universities, research institutes and service
agencies.
45. Accelerate the revision of Regulations on Strengthening IP Management of
the National Science and Technology Programs, implement Interim Provisions on IP
Management of Major National Science and Technology Projects, further promote
the formulating and the promulgating of IP management rules on major national
science and technology projects, refine the registration, statistics and
evaluation system of IP information of major national science and technology
projects.
46. Study and revise relevant policy documents relating to IP management in
universities and institutes, establish IP management standards for universities
and institutes, improve the IP managements system in universities.
47. Establish IP risk assessment and early warning projects in key industries
and technical areas, organize the release of IP early warnings trends in key
industries; study and establish the tackling and early warning mechanism for IP
risks in key technical areas.
48. Promote the IP appraisal for major economic activities, formulate the IP
analysis and appraisal standards, improve the service capabilities of IP
analysis and appraisal agencies.
49. Establish the national committee for the standardization of knowledge
management technology, establish and refine the national standard system of
knowledge management, study and propose the planning projects for formulating
and revising national standards, guide the enterprises to implement Enterprise
Intellectual Property Management Standards, implement the authentication for IP
management systems, speed up the cultivating of the national IP demonstration
enterprises and advanced enterprises, implement the IP strategy promotion
projects for SMEs, carry out IP trusteeship for SMEs and micro enterprises.
50. Promote the construction of national patent information public service
system, study and formulate the plan for further disclosure of patent basic data
resources, refine the National Guidelines for Patent Information Public
Service.
51. Accelerate the construction of geographical indication information system
for the agricultural products in JinNong Project and related databases, promote
the construction of agricultural IP platform, implement analysis, evaluation and
IP early warning involving domestic and worldwide agricultural IP information,
and periodically promulgate the Chinese Agricultural IP Creation Index
Report.
52. Promulgate, implement and disseminate the Management Regulations on
Patent-related National Standards (interim), promulgate the national standard of
the Special Procedure of Standard Establishment, Section 1: Standards Involving
Patents.
53. Further reform the management system for judicial appraisals, promote the
integration of IP judicial appraisal into the unified registration management,
explore the establishment of the specialist bank of judicial appraisals.
54. Improve the IP statistics index system, analysis and include the IP index
into the technolog and trade-related statistical yearbooks, consider the
establishment of the statistics system for the import and export of IP-intensive
merchandise, promote the integration of IP into the counting and monitoring of
the quality of the economic development, stress the statistical accounting of IP
products in the revised national economic accounting system.
V. Promoting IP International Exchange
Goals: Perfecting the exchange and dealing mechanism of foreign IP
information, participating in the establishment of international IP system,
improving the foreign IP working capabilities. Promoting the exchanges and
cooperation with international organizations and major countries, enhancing the
capabilities and initiative of dealing with global IP affairs, enhancing the IP
influence globally. Expanding the overseas development space for Chinese
enterprises, improving the guidance and service for protecting overseas rights
of Chinese enterprises.
Measures:
55. Through multilateral and bilateral exchanges, improve the mutual trust
and explanation on the IPR protections issues concerned by foreign side,
undertake the follow-up work of the establishment of WIPO China Office,
negotiate relevant conventions and review relevant treaties, participate in the
construction of international IP orders.
56. Improve the foreign IP information exchange and cooperation, undertake
foreign IP exchange through existing bilateral dialogs and working group
mechanisms. Implement the SINO-US Intellectual Property Rights (IPR) Cooperation
Framework Agreement and the new IP cooperation projects between China and EU,
complete the China-EU negotiations on geographical indication as soon as
possible, organize the negotiation on the IP sections in the China - Korea free
trade agreement and China - Japan - Korea free trade agreement.
57. Improve the coping mechanism of oversea IP issues, explore the
construction of IP working system for the globalization of enterprises and
industries, refine the oversea IP information platform, establish the oversea IP
service agency community, set up more IP service stations for Chinese
enterprises in large foreign exhibitions, mobilize and integrate foreign-based
institutions, domestic local and social recourses to provide services to
enterprises.
58. Fulfill the International Convention on the Protection of New Varieties
of Plants (UPOV), optimize the implementation plan, endeavor to conduct the
compiling of the UPOV testing guideline, improve the cross-strait exchanges and
cooperation on new varieties of plants protection.
59. Evaluate the issues relating to the Protocol to Convention on Biological
Diversity on Access and Benefit-sharing of Genetic Resources, study the
follow-up negotiation topics, prepare for the intergovernmental conference and
the conference of the signing parties.
60. Deliberate the accession to The International Treaty on Plant Genetic
Resources for Food and Agriculture.
61. Actively participate in the discussion and negotiation of international
regulations, accelerate the preparation for China's accession to the Hague
Agreement concerning the International Deposit of Industrial Designs, expand the
cooperation network of Patent Prosecution Highway, expand the oversea
application channels for enterprises, improve the exchanging and coping
mechanism for foreign IP information.
62. Promote China's accession to the Beijing Treaty on Audiovisual
Performances, carry out relevant works regarding China's accession to the
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are
Blind, Visually Impaired or Otherwise Print Disabled.
63. Publicize the policies and measures for implementing China's IP strategy
in good time to answer for the international opinions and concerns, highlight
China's resolution and achievements in IP protection and combating infringement
and counterfeiting.
VI. Promoting Fundamental IP Capabilities
Goals: Accelerating the development of IP service industry, guiding the
service agencies to specialized, branded and globalized development. Enhancing
IP talents cultivations, refining the evaluation standards of IP specialists,
promoting the collection of high-end talents toward IP areas. Innovating the IP
publicity and education mode, promoting IP cultural construction, enhancing the
overall IP capabilities of the public.
Measures:
64. Develop the Guiding Opinions on National Intellectual Property Service
Standardization System, undertake national IP service survey, promote the
construction of national experimental zone of IP service agglomeration
development and the cultivation of national IP service brand.
65. Promote the revision of the Regulations on Patent Commissioning, study
and formulate the middle and long-term development plan for the patent agency
industry, promulgate promotion policies for the patent agency industry,
establish the service standards of patent agencies, refine the qualification
examination system for patent agents.
66. Improve incentive policies for the returned high-end overseas talents,
draw IP-related high-end overseas talents through various talent introducing
plans; enhance the guidance to the pioneer parks for overseas talents, support
the high-tech enterprises started by overseas talents with self-relied IP
rights.
67. Establish national cultivation bases for IP talents, promote the
collaborated innovations in IP researches, guide the high-end IP specialist
cultivation by the professional cultivation bases for law talents, improve the
IP course system of universities and vocational schools, offer IP related minor
courses, enhance IP publicity and education in middle schools and primary
schools.
68. Implement Opinions on Strengthening the Construction of Intellectual
Property Talent System, integrate the IP related occupations into the National
Occupation Classification, establish and refine the evaluation mechanism of IP
specialists, integrate IP talents into the scope of the professional title
evaluation, improve talents evaluation, promote the development and rational
flow of talents.
69. Establish the IP specialist system for national defense technology
research projects, gradually build up the national defense IP specialist team,
explore the establishment of specialist qualification and training assessment
mechanism; promulgate the IP specialist management measures by Chinese Academy
of Science, specify the responsibilities and career development plans for IP
specialists.
70. Organize news agencies to undertake IP-themed publicities, with focus on
key moments and relevant activities; enhance online publicities, organize the
central media agencies, central news websites and major business portals to
enhance the effect of dissemination and guidance via new media forms.
71. Combine the IP legal publicity with the "six targets" (government,
counties, communities, schools, enterprises and institutions) of legal
publicity, widely popularize the knowledge of IP protection, undertake IP-themed
legal publicities on the official Weibo site of China Legal Publicity, organize
local legal publicity websites to carry out various IP-themed legal
publicities.
VII. Achieving Better Organization and Implementation of IP Strategy
Goals: Strengthening the overall planning and top-level designing for
deepening the implementation of IP strategy. Refining the IP strategic planning
and implementation in various fields and regions, promoting the effective
integration of the IP strategy implementation into the economic development of
various fields and regions. Improving the inter-ministerial joint meeting system
of the IP strategy implementation, strengthening the organization and
implementation of the strategy.
Measures:
72. Formulate and promulgate the Action Plan for Deepening the Implementation
of the National Intellectual Property Strategy (2014-2020).
73. Improve the construction of the working system and platform for the
implementation of the IP strategy, promote the integration of IP strategy
implementation index into the local performance evaluation system, undertake the
supervision and inspection on the implementation of the IP strategy in proper
time.
74. Launch the formulation and research of the IP working plan for the 13rd
Five-year Plan.
75. Promote the implementation of regional IP strategy in accordance with the
classified guidance requirements, improve the links between programming of key
areas like Capital Economic Circle and Circum-Bohai Sea Economic Zone, major
policies and IP policies, establish and optimize the regional IP cooperation
mechanism, promote the development of some eligible provinces into IP-driven
ones.
76. Launch the formulation of the national defense IP strategy for the
thirteenth five year plan, optimize the organizing and working mechanism of the
strategy implementation.
77. Study and formulate guiding documents on IP strategy in cultural
system.
78. Publish the Guidance on Strengthening the IP work in Medicine, Health and
Family Planning.
79. Complete the periodic evaluation summary on the implementation of the
local IP strategy, generate the development report on the implementation of the
local IP strategy.
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