In order to thoroughly implement the "Opinions on Strengthening Protection of Intellectual Property Rights" by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, further improve the intellectual property protection system, speed up the construction of the best intellectual property area, and take into account the reality of Beijing, on August 22, the General Office of the Beijing Municipal Committee and the General Office of the Municipal Government jointly issued the "Action Plan on Strengthening Intellectual Property Protection" (hereinafter referred to as the "Action Plan").
The Action Plan clarifies 26 specific measures in six areas, and proposes that by 2022, Beijing’s Intellectual Property Protection and management system will be more complete, the infringement prone to multiple occurrences will be effectively curbed, the problems of "difficulty in providing proof, long cycle, high cost and low compensation" for safeguarding the rights of the right holders have been effectively dealt with. By 2025, the city's intellectual property protection system will be more complete, the business environment that respects the value of knowledge will be more optimized, and the Intellectual Property system will play a significant role in stimulating innovation.
Notice of the General Office of the Beijing Municipal Committee of the Communist Party of China and the General Office of the Beijing Municipal People’s Government on Issuing the "Action Plan on Strengthening Intellectual Property Protection"
All district committees, district governments, municipal committees, ministries and commissions, municipal state agencies, and various State-owned enterprises, people’s organizations, and institutions of higher learning:
With the consent of the Municipal Party Committee and the Municipal Government, the "Action Plan on Strengthening Intellectual Property Protection" is hereby printed and distributed to you. Please implement it carefully according to the actual situation.
General Office of the Beijing Municipal Committee of the Communist Party of China
General Office of Beijing Municipal People's Government
August 22, 2020
Action Plan on Strengthening Intellectual Property Protection
Strengthening the protection of intellectual property rights is an important point for optimizing the business environment and promoting high-quality development.
In order to thoroughly implement the "Opinions on Strengthening Protection of Intellectual Property Rights" by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council, further improve the intellectual property protection system, speed up the construction of the best intellectual property area, this Action Plan is formulated in accordance with the actual conditions of the city.
Guided by Xi Jinping’s Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th People’s Congress and the 19th Second, Third and Fourth Plenary Sessions of the 19th Central Committee, thoroughly implement the spirit of General Secretary Xi Jinping’s important speech to Beijing, and firmly establish The protection of intellectual property rights is the concept of protection of innovation, adhere to strict protection, overall coordination, key breakthroughs, equal protection, adhere to the best standards, promote the spirit of initiative, reflect the characteristics of the capital, improve the "seven-in-one" intellectual property protection pattern of administrative law enforcement, judicial trial, multiple mediation, commercial arbitration, legal services, social supervision, and industry self-discipline, build a model for intellectual property protection that integrates standardized management with strict law enforcement, so as to improve the overall capability and level of intellectual property protection. By 2022, Beijing’s Intellectual Property Protection and management system will be more complete, the infringement prone to multiple occurrences will be effectively curbed, the problems of "difficulty in providing proof, long cycle, high cost and low compensation" for safeguarding the rights of the right holders have been effectively dealt with. By 2025, the city's intellectual property protection system will be more complete, the business environment that respects the value of knowledge will be more optimized, and the Intellectual Property system will play a significant role in stimulating innovation.
2.Strengthen the rule of law, clear strong IP protection orientation
(1) Improving the legal and standard system.
Actively promote intellectual property protection and promotion of legislation, and improve various supporting systems for intellectual property protection. Benchmark with leading international standards, formulating and revising various intellectual property protection standards. Implement the intellectual property rights empowerment system for job-related scientific and technological achievements, clarify the ownership of related intellectual property rights, and strengthen the protection of the rights and interests of persons who complete job-related technological achievements.
(2) Cracking down on illegal activities.
Increase the intensity of administrative agencies to investigate and punish infringements, and deal with repeated infringements, deliberate infringements, and serious obstruction of law enforcement in accordance with the law. Strengthen the effective connection between administrative law enforcement and criminal justice. Intensify efforts to crack down on criminal acts of infringement of intellectual property rights, further refine the implementation of the prosecution standards for filing cases, and study and resolve key and difficult issues such as jurisdiction and law application.Strengthen civil judicial protection and effectively implement the punitive compensation system. Formulate typified judgment compensation rules and reasonably determine the amount of infringement compensation in accordance with the law. Explore the reasonable determination of intellectual property loss standards by referring to third-party assessments.
(3) Resolving disputes through multiple channels.
Establish and improve dispute resolution channels such as arbitration, mediation, administrative adjudication, and judicial trials. Give full play to the advantages of high efficiency, low cost and simple procedure of administrative adjudication to guide parties to quickly resolve patent infringement disputes through administrative adjudication. Carry out the work of dividing the complexity and simplicity of intellectual property trial cases to improve the trial efficiency. Improve the mechanism for quick trial of simple trademark authorization cases.
(4) Improving the rules of evidence.
Standardize evidence standards in different channels such as judicial, administrative law enforcement, arbitration, and mediation. Notarization is encouraged to preserve evidence. Explore the lawyer's investigation order system and support lawyers to obtain evidence in accordance with the law. Vigorously promote the application of electronic deposit technology such as time stamp and blockchain in the field of intellectual property protection.
(5) Strengthening credit supervision.
Establish credit files for market entities and improve the blacklist system for dishonest entities.Make social announcements for enterprises that repeat infringements and deliberate infringements. For serious dishonest entities, restrict the enjoyment of financial subsidies and other policy support in accordance with laws and regulations, restrict application for fiscal fund projects, restrict participation in government procurement activities, restrict participation in government investment project bidding, and restrict participation in public resources such as land transfer (transfer) and circulation Trading activity.
3. Strengthen social co-governance and build a comprehensive intellectual property protection pattern
(6) Strengthening our capacity for arbitration and mediation.
Improve the intellectual property professional capabilities of arbitration institutions and actively promote Internet arbitration. Coordinate and promote the development of IPR people's mediation, administrative mediation, and judicial mediation. Give full play to the role of the intellectual property rights protection center, standardize the mediation process, and train a group of professional mediation organizations and personnel.
(7) Strengthening public legal services and industry self-discipline.
Guide enterprises to use professional services such as notarization and lawyers to carry out risk prevention and control and rights protection services for the whole industry and the whole chain of intellectual property. Support professional service organizations to provide public welfare legal consultation and other rights protection services for small and micro enterprises. Explore and carry out intellectual property public interest litigation to protect national interests, social public interests, and citizens' legitimate rights and interests in accordance with the law. Strengthen industry self-discipline, support associations in all industries in establishing trade regulations and contracts, regularly discuss intellectual property risk prevention and control and rights protection measures, and establish and improve dispute mediation mechanisms. Continue to carry out intellectual property voluntary services and mobilize social forces to actively participate in intellectual property protection and governance.
(8) Actively accept social supervision.
Respond promptly to the suggestions and proposals of deputies to the National People's Congress and CPPCC members on intellectual property protection. Implement the "dual publicity" of administrative licensing and administrative punishment, disclose the basis, conditions and results of administrative supervision and punishment in accordance with the law, and accept supervision by society and public opinion. Give full play to the role of the 12345 Citizen Service Hotline, listen extensively to the views and Suggestions of the public, and promptly respond to the concerns of the community.
(9) Give play to the role of professional technical support.
Guide the establishment of a technical support alliance for the inspection and identification of intellectual property infringement disputes, and promote the construction of inspection and identification capabilities. Improve the technical investigator system, improve the management model and training mechanism. Support professional technical personnel to participate in inspection and appraisal, technical analysis, value assessment and other auxiliary work in accordance with the law, and provide timely and accurate technical support for intellectual property administrative law enforcement, arbitration, mediation and judicial adjudication.
(10) Improve the ability of market entities to protect intellectual property rights.
Further improve the standardized management system of intellectual property rights, encourage innovative small and micro enterprises to carry out the refined management of intellectual property rights in a commissioned manner, and strengthen the construction of pilot and demonstration intellectual property rights in colleges and universities. Continue to promote enterprises to implement relevant regulations on intellectual property management and establish an intellectual property management system that is coordinated with their own development. Encourage market entities to carry out early warning assessments of intellectual property risks in terms of talent introduction, international participation, product and technology import and export, and improve the ability of risk control and rights protection throughout the process.
(11) Promote the establishment of intellectual property insurance and mutual funds for safeguarding rights.
Carry out pilot programs for intellectual property insurance and support insurance institutions in Beijing in developing intellectual property protection insurance products. Encourage enterprises to take out insurance against patent enforcement insurance and patent infringement loss insurance. Support enterprises to set up mutual funds for intellectual property rights protection in a market-oriented way to improve their rights protection capabilities.