Some opinions of the State Council on accelerating the construction of a strong intellectual property country in the new situation

Source: People's governments of all provinces, autonomous regions and municipalities directly under the central government, ministries and commissions under the State Council, and institutions directly under the State Council (2015-12-22, GF [2015] No 71): since the implementation of the national intellectual property strategy, the level of China's intellectual property creation and utilization has greatly improved, The protection situation has improved significantly, the awareness of intellectual property rights in the whole society has been generally enhanced, and the work of intellectual property rights has made great progress, which has played an important role in the economic and social development At the same time, there are still many problems to be solved, such as large but not strong intellectual property rights, many but not excellent intellectual property rights, inadequate protection, frequent infringement, and affecting the enthusiasm for innovation and entrepreneurship At present, a new round of scientific and technological revolution and industrial transformation are ready to take place in the world China's economic development mode is speeding up the transformation, the trend of innovation leading development is more obvious, and the basic guarantee role of intellectual property system in stimulating innovation is more prominent In order to further implement the innovation driven development strategy, deepen the reform in the field of intellectual property, and accelerate the construction of a strong intellectual property country, the following opinions are put forward 1 General requirements (1) guiding ideology We will fully implement the spirit of the 18th National Congress of the Communist Party of China and the second, third, fourth and fifth plenary sessions of the 18th Central Committee of the Communist Party of China, and follow the strategic layout of the "four comprehensiveness" and the decision-making and deployment of the Party Central Committee and the state Council, We will deepen the implementation of the national intellectual property strategy, deepen the reform of key areas of intellectual property, effectively promote the creation and application of intellectual property, implement stricter intellectual property protection, optimize public services for intellectual property, promote the vigorous development of new technologies, industries and formats, improve the level of international development of industries, guarantee and encourage public entrepreneurship and innovation, and drive innovation for implementation The development strategy provides strong support and lays a more solid foundation for maintaining medium and high-speed economic growth, moving towards the medium and high-end level, realizing the two centenary goals and the Chinese dream of the great rejuvenation of the Chinese nation (2) basic principles Adhere to strategic leadership We should promote the one by one strategy, one is "one belt, one road", and we will promote the promotion of intellectual property creation, utilization, protection, management and service capabilities, deepen the implementation of intellectual property strategy, enhance the quality of intellectual property, and transform from big to strong, from multi directional to excellent, and implement a new round of high level opening to the outside world, so as to promote sustained and healthy economic development Adhere to reform and innovation We will speed up the improvement of the intellectual property system with Chinese characteristics, reform the innovation system and mechanism, remove the obstacles that restrict the development of the intellectual property cause, focus on promoting innovation reform experiments, strengthen the orientation of the intellectual value of the distribution system, give full play to the key role of the intellectual property system in stimulating innovation and promoting the rational sharing of innovation results, and promote the improvement of quality and efficiency, industrial transformation and upgrading of enterprises Adhere to market leadership We should give full play to the decisive role of the market in allocating innovation resources, strengthen the dominant position and leading role of enterprises in innovation, and promote the rational flow and efficient allocation of innovation factors We will speed up the streamlining of administration and decentralization, the integration of decentralization and management, and the optimization of services We will strengthen policy support for intellectual property rights, public services and market supervision, and strive to build a fair, fair, open and transparent legal and market environment for intellectual property rights, so as to promote public entrepreneurship and innovation Adhere to overall planning Coordinate international and domestic innovation resources, form a number of leading intellectual property development areas, and cultivate China's intellectual property advantages We will strengthen global open innovation cooperation, actively participate in and promote the formulation and improvement of international rules for intellectual property rights, build a fair and reasonable international economic order, create favorable conditions for market participants to participate in international competition, and achieve win-win results for both imports and exports (3) main objectives To 2020 In, decisive achievements were made in the reform of important areas and key links of intellectual property rights The system of authorization and confirmation of intellectual property rights and law enforcement and protection was further improved A system and mechanism of intellectual property rights was basically formed with clear boundaries of rights, reasonable division of labor, consistent responsibilities and rights, efficient operation and legal protection The ability of intellectual property creation, application, protection, management and service was greatly improved, and the innovation and entrepreneurship environment was greatly improved We will further optimize the environment, gradually form a new advantage of industrial participation in international competition in terms of intellectual property rights, basically modernize the intellectual property governance system and governance capacity, build a number of provinces and cities with strong intellectual property rights, consolidate the position of a major intellectual property country in all respects, and lay a solid foundation for building China into a special and world-class intellectual property power 2 Promote the reform of the management system and mechanism of intellectual property (4) study and improve the management system of intellectual property We will improve the inter ministerial joint meeting system for the implementation of the national intellectual property strategy, with the leading comrades of the State Council as the conveners Actively study and explore the reform of intellectual property management system and mechanism Authorize local governments to carry out intellectual property reform experiments We will encourage places where conditions permit to carry out pilot reforms in the comprehensive management of intellectual property rights (5) improve the management of intellectual property services and social organizations We will relax the access to intellectual property services, promote high-quality and efficient development of the service industry, and accelerate the construction of an intellectual property services cluster We will expand the opening up of the patent agency sector and relax restrictions on shareholders or partners of patent agencies To explore and carry out the pilot project of "one industry and multiple conferences" organized by intellectual property service industry associations We will improve the disclosure system of professional information, and make public in a timely manner information about intellectual property agencies and employees' credit evaluation We will standardize the charging standards of copyright collective management institutions, improve the income distribution system, and allow copyright owners to obtain more licensing income (6) to establish an intellectual property appraisal system for major economic activities To study and formulate intellectual property appraisal policies We will improve the guidelines for the appraisal of intellectual property rights and standardize the scope and procedures of the appraisal We will carry out intellectual property appraisal around major national industrial plans and major investment projects in high-tech fields, establish an appraisal system for the intellectual property objectives of national science and technology plans, actively explore pilot projects for intellectual property appraisal of major scientific and technological activities, establish a report distribution system for intellectual property appraisal in key fields, improve innovation efficiency and reduce industrial development risks (7) establish an innovation driven development evaluation system with intellectual property as an important content We will improve the development evaluation system, gradually incorporate intellectual property products into national economic accounting, and incorporate intellectual property indicators into national economic and social development plans Issue the annual report on the development of intellectual property rights In the comprehensive assessment and evaluation of the leading group and cadres of the party and government, we should pay attention to the situation and effect of encouraging invention and creation, protecting intellectual property rights, strengthening transformation and application, and creating a good environment We will explore the establishment of an evaluation model for state-owned enterprises with equal emphasis on business performance, intellectual property rights and innovation Set up intellectual property incentive projects in accordance with the relevant provisions of the state, and increase the weight of intellectual property evaluation of various national incentive systems 3 Implement strict intellectual property protection (8) increase the punishment of intellectual property infringement We will promote the legalization of intellectual property protection, give full play to the leading role of judicial protection, and improve the intellectual property protection model in which administrative law enforcement and judicial protection are complementary and organically linked We will raise the legal limit of compensation for intellectual property infringement, and provide punitive compensation for malicious violations of serious circumstances, and the infringer will bear the reasonable expenses actually incurred We will further promote the disclosure of information on cases of administrative penalties for infringement of intellectual property rights We will improve the mechanism for quick safeguarding intellectual property rights Strengthen the enforcement and protection of Customs intellectual property rights Strengthen the enforcement of intellectual property rights in international exhibitions, e-commerce and other fields Carry out joint law enforcement with relevant international organizations and overseas law enforcement departments, strengthen foreign cooperation in judicial protection of intellectual property, promote China to become an important solution to international disputes over intellectual property, and build an open and innovative environment with more international competitiveness (9) to intensify the crackdown on intellectual property crimes In accordance with the law, we will severely crack down on violations of intellectual property and criminal acts, focusing on the chain and industrialized intellectual property criminal networks Further strengthen the connection between administrative law enforcement of intellectual property rights and criminal justice, and intensify the transfer of suspected criminal cases We will improve the enforcement mechanism of foreign intellectual property rights, strengthen international cooperation in criminal law enforcement, and intensify the investigation and handling of foreign intellectual property crimes We will strengthen mutual legal assistance with relevant international organizations and countries in the fight against intellectual property crimes, and intensify the reporting of cases and the exchange of information (10) establish and improve the early warning and prevention mechanism for intellectual property protection The intentional infringement of intellectual property rights shall be included in the credit records of enterprises and individuals We will promote the improvement of laws and regulations on the protection of trade secrets, and strengthen the protection of trade secrets in personnel exchanges and technical cooperation We will carry out a survey of social satisfaction with the protection of intellectual property rights Establish a working mechanism to collect information about the source of counterfeit products, and issue the annual report on intellectual property protection of China Customs We will strengthen the management and protection of intellectual property rights in large specialized markets Give full play to the positive role of industrial organizations in the protection of intellectual property rights Use big data, cloud computing, Internet of things and other information technologies to strengthen the intellectual property protection of online creativity and research and development results, and improve the ability of early warning and prevention We will increase assistance for the protection of intellectual property rights of small and micro enterprises, and build an environment for innovation, entrepreneurship and business operation with fair competition and supervision 11 To strengthen the protection of intellectual property rights for innovation achievements in new industries and fields We will improve the legal systems related to new plant varieties, biogenetic resources and their related traditional knowledge, database protection, and national defense intellectual property rights Do a good job in the legislation of geographical indications Research and improve the intellectual property protection system of business model and the patent protection system of practical art design We will strengthen research on intellectual property protection rules in Internet, e-commerce, big data and other fields, and promote the improvement of relevant laws and regulations Formulate intellectual property protection policies for mass creation, crowdsourcing, support and crowdfunding (12) regulating the abuse of intellectual property rights We will improve the legal system for regulating the abuse of intellectual property rights and formulate relevant anti-monopoly law enforcement guidelines We will improve the anti-monopoly supervision mechanism for intellectual property rights, and investigate and punish monopoly behaviors such as abuse of intellectual property rights to exclude and restrict competition We will improve the fair, reasonable and non discriminatory licensing policy for standard essential patents and the applicable rules for stopping infringement IV promote the creation and application of intellectual property (XIII) improve the mechanism of intellectual property review and registration Establish a fast registration channel for computer software copyright Optimize the examination process and methods of patents and trademarks, and realize online registration, electronic application and paperless examination and approval of intellectual property rights We will improve the cooperation mechanism for intellectual property review, establish a centralized review system for patent applications in key and advantageous industries, and establish a patent review mechanism that involves industrial security Reasonably expand the scope of examination in accordance with the authority of the patent confirmation procedure, and improve the patent document modification system after authorization Expand the international cooperation network of "patent examination highway" and accelerate the construction of world-class patent examination institutions (14) improve the system of service invention To encourage and guide enterprises and institutions to establish and improve the management system of service invention, such as invention report, ownership division, reward and remuneration, dispute resolution, etc Explore and improve the income distribution system of innovation achievements, improve the proportion of income of key teams and major inventors, and protect the legitimate rights and interests of job inventors In accordance with relevant policies and regulations, state-owned enterprises are encouraged to grant intellectual property disposal and income distribution rights to subordinate scientific research institutes.