The Promotion Plan for the Implementation of the National Intellectual Property Strategy in 2014

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 technology 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.