core reading
Comprehensively improve the quality of intellectual property creation, application benefits, protection effects, management capabilities and service levels, strengthen international cooperation in intellectual property protection, solidly promote the steady and high-quality development of intellectual property, and accelerate construction under the guidance of Chinese-style modernization An intellectual property power with Chinese characteristics and a world-class level provides strong support for building a socialist modern power in an all-round way.
□ Our reporter Zhang Wei
"In 2022, new and solid steps will be taken in the construction of an intellectual property power." Shen Changyu, director of the State Intellectual Property Office, said in his work report at the recently held meeting of directors of the National Intellectual Property Office.
This is a moment of summary and outlook.
As far as 2022 has just passed, the data released at the above-mentioned meeting is dizzying, and it is the most powerful proof of the achievements: a total of 798,000 invention patents and 6.177 million registered trademarks were authorized throughout the year, and the examination cycle pressure was successfully completed. Reduced target tasks; cracked down on malicious trademark registration, quickly rejected 3,192 malicious trademark registrations such as "Bingdundun" and "Raib", and restricted the transfer of 3,522 trademarks suspected of malicious hoarding; handled 58,000 administrative cases of patent infringement disputes , a year-on-year increase of 16.8%...
As far as 2023 has come, the above-mentioned meeting proposed to comprehensively improve the quality of intellectual property creation, utilization efficiency, protection effect, management ability and service level, strengthen international cooperation in intellectual property protection, and solidly promote the steady development of intellectual property rights. We will promote high-quality development, accelerate the construction of a world-class intellectual property power with Chinese characteristics under the guidance of Chinese-style modernization, and provide strong support for building a socialist modern power in an all-round way.
Strengthen supervision and interview 7,400 agencies
"The management of this industry is getting stricter, and the environment is improving." An intellectual property agency practitioner said with emotion.
Recently, the State Intellectual Property Office released the first batch of warning cases of the "Blue Sky" special rectification action in the intellectual property agency industry, which aroused strong attention in the industry.
On the one hand, it warns patent and trademark agencies and practitioners to take precautions, consciously abide by the law and regulate operations, and jointly create a good industry environment; on the other hand, it also reminds patent and trademark applicants to be vigilant and choose reputable patent and trademark agents institutions to safeguard their legitimate rights and interests.
Among them, some trademark agencies apply for registered trademarks by registering affiliated companies, copying or plagiarizing other people’s trademarks, etc., hoarding and transferring them to seek illegitimate benefits; The interests of the owner of the exclusive right to use the registered trademark; there are trademark agencies that preemptively register trademarks related to the mascots of the Beijing 2022 Winter Olympics and Paralympics such as "Bingdundun" and "Xuerongrong"; some trademark agencies even pass Forgery and alteration of legal documents, illegal handling of trademark matters... These actions have been severely punished.
In fact, strengthening service industry supervision and industry self-discipline has always been an important task of the State Intellectual Property Office in recent years.
In 2022, continue to release strict signals, promulgate the "Trademark Agency Supervision and Management Regulations", and improve the trademark agency filing system; jointly carry out special rectification of the trademark agency industry with the State Administration for Market Regulation; continue to crack down on abnormal applications; notify abnormal patent applications, crack down on Malicious trademark registration, 2,629 trademarks were declared invalid according to the authority, and 110 clues were transferred to local governments for suspected trademark registration applications and major adverse impact cases.
"In recent years, the State Intellectual Property Office has cracked down heavily on illegal hoarding of labels and malicious squatting, and the entire trademark environment has improved significantly." Wang Yidong, a lawyer at Beijing Jiugeng Law Firm, commented.
At the same time, the State Intellectual Property Office optimized the patent agency examination and approval service, and fully implemented the notification and commitment practice license examination and approval system.
A total of 7,400 agencies were interviewed, 4,500 were ordered to rectify, more than 680 fines and warnings were imposed, and 19 agencies were revoked and their agency business was suspended.
Carry out the annual activity of agency industry style construction, and release industry conventions.
Well-managed, but also well-placed, good service.
In 2022, the State Intellectual Property Office will optimize and improve China's business environment evaluation intellectual property indicators.
Publish the guidelines for handling intellectual property government service matters, and formulate the standards for intellectual property electronic certificates.
Patent and trademark certificates have been digitized, announcements have been made "handy checks", and the "good and bad reviews" system has become more complete.
Revise the application form for trademark registration and introduce credit commitment.
Improve the public service system, select 23 national intellectual property information service centers in colleges and universities, newly file 68 national intellectual property information public service outlets, and add 37 prefecture-level comprehensive public service institutions.
Guangdong, Hebei, Fujian and other places took the lead in achieving full coverage of prefecture-level intellectual property public service agencies, Zhejiang realized cross-field and cross-level intellectual property online "one thing" processing, and Shandong built a big data center for intellectual property rights in the Yellow River Basin.
Strengthen protection, optimize and innovate the business environment
In terms of strengthening the protection of the entire chain of intellectual property rights and optimizing the innovation environment and business environment, the State Intellectual Property Office has also done a lot of fruitful work in 2022.
Constantly improve laws and regulations.
Continue to promote the supporting revisions of the Patent Law Implementation Rules and the Patent Examination Guidelines, complete a new round of revision and argumentation draft of the Trademark Law and its implementation regulations, promote the revision of the "Regulations and Management of Collective Trademarks and Certification Marks", and form a unified legislation for geographical indications Purpose and framework, research and demonstration to improve the legal system for the protection of integrated circuit layout designs.
Explore the construction of data intellectual property protection rules, set up a steering expert group, and carry out pilot projects in 8 places.
Beijing, Jiangsu, Zhejiang and other places carried out comprehensive legislation on intellectual property rights, and Guangdong promulgated the country's first local regulations on the protection of geographical indications.
Strengthen the administrative protection of intellectual property rights.
Handled 71,000 applications for rights protection assistance, and accepted 88,000 dispute mediations.
Approved by the State Council to carry out the construction of a national intellectual property protection demonstration zone.
Establish 10 national intellectual property protection centers and rapid rights protection centers.
Issued regulations on the credit management of intellectual property rights, and notified 25 cases of serious violations and dishonesty for the first time.
Strengthen the coordinated protection of intellectual property rights.
Cooperate with the Supreme People's Procuratorate and the National Medical Insurance Bureau to jointly issue a policy document to strengthen the coordinated protection of intellectual property rights.
Together with the State Administration for Market Regulation, we took the lead in completing the intellectual property protection tasks for the Beijing Winter Olympics and Paralympics, and signed a memorandum on intellectual property law enforcement and protection.
Approved the establishment of 29 demonstration zones for the protection of national geographical indication products, covering 15 central and western provinces.
The Yangtze River Delta, five provinces and cities in North China, the Northeast region, and nine provinces along the Yellow River have established a cross-regional coordinated protection mechanism. Shanghai supports the handling of the country's first major patent infringement dispute case in the pharmaceutical field. Chongqing promotes "fast adjustment + quick judgment + fine review" administrative In the ruling, Henan carried out a province-wide survey on satisfaction with intellectual property protection, Shaanxi carried out the "Year of Intellectual Property Protection" campaign, and Hainan promoted the "five-in-one" comprehensive management reform experience of intellectual property rights in Yazhou Bay Science and Technology City in major parks.
In terms of effectively promoting the transformation and application of intellectual property rights and supporting high-quality economic development, the State Intellectual Property Office has further promoted intellectual property pledge financing.
The annual patent and trademark pledge financing amounted to 486.88 billion yuan, maintaining a growth rate of more than 40% for three consecutive years.
A series of good experiences emerged: Beijing pioneered the two-way push mechanism of the "white list" of intellectual property pledge enterprises, Tianjin achieved the first breakthrough in intellectual property securitization, Liaoning improved the management methods of intellectual property pledge financing risk compensation funds, and Guangxi launched the "Intellectual Property" Gui Hui Loan".
"Improving the risk sharing mechanism of intellectual property pledge financing and the disposal mechanism of pledged goods" was also selected as the first batch of pilot reform measures for business environment innovation replicated and promoted by the State Council across the country.
Perfecting the System and Breaking Down the Barriers of System and Mechanism
The achievements of my country's intellectual property power construction are obvious to all.
For 2023, the first year to fully implement the spirit of the 20th National Congress of the Communist Party of China, it is also the implementation of the "Outline for Building an Intellectual Property Powerful Country (2021-2035)" (hereinafter referred to as the "Outline") and the "14th Five-Year Plan" National Knowledge The Plan for the Protection and Utilization of Property Rights is an important year for connecting the past and the future, and the meeting of directors of the National Intellectual Property Office has also made important arrangements.
It is worth noting that the task of system construction bears the brunt.
The meeting called for improving the intellectual property legal system that protects and stimulates innovation.
Cooperate in completing the revision of the implementing rules of the Patent Law.
Promoting the revision of the Trademark Law and its implementing regulations.
Accelerate the promotion of geographical indication legislation, revise and improve the geographical indication bill.
Completed the revision of the "Regulations on the Registration and Administration of Collective Trademarks and Certification Marks".
Do a good job in implementing the Regulations on the Supervision and Administration of Trademark Agents.
Accelerate the revision of the integrated circuit layout design system and the establishment of a data intellectual property protection system, and accelerate the exploration of a data intellectual property registration system.
Support local governments to carry out intellectual property legislation.
Improve the quality and efficiency of intellectual property review and authorization.
Complete the adaptive revision of the "Guidelines for Patent Examination", and improve the policy standards for patent examination in new fields and new formats such as big data, artificial intelligence, and genetic technology.
According to Feng Xiaoqing, director of the Institute of Intellectual Property Law of the School of Civil and Commercial Economics and Law of China University of Political Science and Law, as the status and role of intellectual property rights in contemporary economic society and technological and cultural progress continue to increase, my country's intellectual property system also needs to be continuously improved.
Compared with the requirements and goals set forth in the "Outline", the implementation of my country's intellectual property system still needs to make great efforts, especially the need to break down institutional and institutional obstacles in the development of intellectual property undertakings and system operation, strengthen the protection of intellectual property rights, and promote the transformation and application of intellectual property rights , Establish a full-chain intellectual property protection and work system, promote the modernization of the intellectual property governance system and governance capabilities, and improve the comprehensive strength and international competitiveness of intellectual property rights in all aspects.
Promoting the transformation and utilization of intellectual property rights and improving the comprehensive utilization ability of intellectual property rights of innovative entities is also an important task in 2023.
The meeting of directors of the National Intellectual Property Office called for the implementation of the special policy of intellectual property rights to help the development of "specialized, special and new" small and medium-sized enterprises.
Improve the intellectual property custody of small, medium and micro enterprises, and make a good combination of financial services such as intellectual property pledge financing.
Regarding intellectual property financing, Li Mingxiao, director of the Beijing Banking and Insurance Regulatory Bureau, suggested strengthening the construction of the evaluation system, promoting the improvement of the intellectual property value evaluation system, strengthening the supervision of the asset evaluation industry, improving social credibility, and improving the standardization and accuracy of intellectual property evaluation.
Improve the intellectual property trading market and improve the quality and efficiency of the trading platform.
Create a professional service system and cultivate and develop intellectual property professional service institutions.
Improve the supporting basic mechanism and increase the supply of risk compensation policies.
Stimulate the endogenous motivation of market entities, increase government subsidies, innovate incentive policies and measures, and gradually establish and improve the mechanism of "government coordination and guidance, bank cooperation support, guarantee active cooperation, and enterprise active participation".