4. Strengthen coordination and connection to form an efficient and rapid protection of intellectual property rights
(1) Build a cross-regional intellectual property administrative protection collaboration platform, and strengthen cross-regional rights protection assistance coordination. Relying on the Beijing-Tianjin-Hebei intellectual property cooperation mechanism, jointly carry out the transfer of infringement and counterfeiting clues, investigation and evidence collection, law enforcement assistance, mutual recognition of results and information sharing, and build a cross-regional collaborative governance system. Support the judicial organs to establish a remote litigation consulting service platform to provide parties with multiple litigation services such as remote case filing, case inquiry, and remote video court hearings.
(2) Carry out special protection actions. Strengthen the protection of trademark rights, guide the establishment of early warning mechanisms, and seriously investigate and deal with infringements. Strengthen the protection of online copyrights, explore new models of online law enforcement, optimize the technical means of online supervision, and severely crack down on online infringement and piracy; clarify the management responsibilities of online service providers, and accelerate the construction of a standardized online copyright review system. Strengthen the protection of trade secrets, guide enterprises to improve the refined management system, support professional service organizations to participate in rights protection services, and ensure the safety of trade secrets. Strengthen the protection of geographical indications, organize pilot reforms for the approval of the use of special signs for geographical indication protection products, guide enterprises to strengthen the traceability and quality control of geographical indication protection products, strengthen source standardization and large-scale construction, and promote the establishment of a joint protection mechanism for production and sales. Standardize the order of intellectual property agency, comprehensively use measures such as monitoring and investigation, administrative law enforcement, and joint punishment, to centrally control illegal acts in the intellectual property agency industry.
(3) Strengthen the protection of intellectual property rights in key areas. Promote e-commerce platforms to establish an intellectual property protection mechanism for online and offline linkages and simultaneous production and marketing, and urge e-commerce platforms to perform management responsibilities such as qualification review and settlement of breaches of contract. Promote e-commerce platforms to establish a rapid response mechanism for infringement, delete infringing content in a timely manner, and stop the dissemination of infringing information. Implement relevant regulations on the rapid settlement of patent infringement disputes in the e-commerce field, and promote rapid determination of patent infringement disputes. Improve the intellectual property protection system of exhibitions, implement the intellectual property registration system of exhibited products and the non-infringement commitment system of exhibitors, and increase the protection of intellectual property rights for major exhibitions such as the China International Trade in Services Fair. Strengthen the protection of the broadcasting rights of sports events, and do a good job in the protection of intellectual property rights for major sports events such as the 2022 Beijing Winter Olympics and Paralympics. Strengthen the protection of traditional medicine, guide the subjects related to traditional medicine to apply for patents and registered trademarks, and support enterprises to carry out overseas rights protection. Strengthen the protection of traditional culture, and promote the establishment of a list of traditional cultures such as folklore and intangible cultural heritage.
(4) Actively carry out demonstrations of administrative adjudication of patent infringement disputes. Explore the establishment of a judicial confirmation system for administrative mediation agreements, and clarify the jurisdiction courts and work processes. Use the Internet, big data and other technical means to explore ways to conduct online trials. Equipped with professional and technical personnel to provide technical analysis support to accurately and efficiently identify technical facts.
(5) Strengthen the construction of institutions for the rapid protection of intellectual property rights. Formulate the city's intellectual property protection center and rapid rights protection center construction plan, optimize the patent pre-examination mechanism, reduce the pre-examination cycle, improve the rapid pre-examination ability, and improve the new technologies such as artificial intelligence, blockchain, 5G, Internet of Things, biomedicine, new materials, etc. The rapid pre-examination quality of patents in new fields promotes rapid right confirmation and coordinated rights protection, and provides a "one-stop" precise rights protection plan for innovative entities.
5. Strengthen foreign-related communication, create fair intellectual property rights and protect the environment
(6) Strengthen international exchanges and cooperation. Actively implement the memorandum of understanding and supplementary agreements between this city and the World Intellectual Property Organization on strengthening intellectual property cooperation, and establish an intellectual property cooperation communication mechanism with major cities in the world. Study and implement the relevant provisions of the signed international organization agreements and bilateral and multilateral agreements on intellectual property protection, improve information exchange channels with domestic and foreign rights holders, organize and carry out special actions for foreign-related intellectual property protection, and promote the "one-stop" rights protection services, etc. of intellectual property protection in international industrial parks, provide equal protection to the legitimate rights and interests of domestic and foreign rights holders. Comprehensively utilize various international exchange and cooperation platforms to actively publicize the city's achievements in intellectual property protection development. The city’s intellectual property protection white paper will be released in due course.
(7) Strengthen overseas rights protection assistance services. Establish an overseas rights protection expert advisory system, build the city's overseas intellectual property public service information database and a key field overseas intellectual property dispute response guide expert database. Organize and carry out investigations on the status of overseas intellectual property protection of enterprises, report on major overseas intellectual property disputes and conduct countermeasures research and judgment, and conduct assessment and early warning of the protection status of key countries (regions). Encourage enterprises to establish overseas intellectual property rights protection alliances and guide service agencies to provide overseas risk early warning services. Support enterprises or service organizations relying on overseas branches to comprehensively carry out the observation of the status of industrial intellectual property protection in the country in which they are located, the notification of major rights protection information, and the coordination and linkage of major emergencies. Optimize the service resources of the Beijing (Zhongguancun) International Intellectual Property Service Hall to provide social entities with more convenient and low-cost international intellectual property services.
(8) Strengthen the protection of import and export links. Establish and improve the linkage mechanism of import and export intellectual property protection departments, strengthen the supervision of high-distribution channels, high-risk commodities, and import and export infringing commodities in key trading countries, further improve the effectiveness of law enforcement, and reduce the cost of corporate rights protection. Increasing the penalties for infringement of imported and exported goods has significantly reduced the number of infringing goods imported and exported from Beijing port. Strengthen the protection of intellectual property rights in cross-border e-commerce.
6. Strengthen infrastructure construction, and strongly support intellectual property protection
(9) Improve the public service system. Deepen the construction of the city’s intellectual property public service system, and achieve full coverage of all districts of the intellectual property public service center. Strengthen the distribution of intellectual property public services in key industrial parks, and promote the establishment of an intellectual property roving trial mechanism for service parks. Explore the establishment of an integrated intellectual property protection platform for centralized resource scheduling, system coordination and linkage, and information co-construction and sharing, coordinate various intellectual property information resources, and promote basic information interconnection.
(10) Increase capital investment and support. Coordinate the use of fiscal funds, increase investment in intellectual property protection, and ensure capital for necessary risk monitoring and early warning and other key tasks. Encourage enterprises to increase capital investment and improve their intellectual property rights protection capabilities.
(11) Strengthen the construction of professional talent team. Formulate an action plan for the cultivation of intellectual property talents in the capital, encourage colleges and universities and social institutions to jointly train various intellectual property professionals, and introduce overseas high-level talents to engage in intellectual property work in Beijing. Further improve the appraisal system for professional titles of intellectual property rights, and encourage lawyers, administrative law enforcement personnel, and judicial personnel in the field of intellectual property to conduct communication in an orderly manner.
7. Strengthen organization and implementation to ensure the implementation of work tasks
(12) Strengthen organizational leadership. Comprehensively strengthen the party's leadership over the protection of intellectual property rights. All districts should include the protection of intellectual property rights in the important agenda of the party committee and the government, conduct regular special studies, and coordinate and solve key and difficult issues. It is necessary to give full play to the deliberative and coordinating role of the municipal and district intellectual property office meetings, and each member unit shall implement it according to the division of responsibilities and coordinate the construction of the intellectual property protection system. The Municipal Intellectual Property Office shall, in conjunction with relevant municipal departments, continuously improve the working mechanism, strengthen coordination, guidance and supervision and inspection, and ensure the effective implementation of various tasks. Major issues shall be reported to the municipal party committee and municipal government for instructions in accordance with procedures.
(13) strengthen assessment and evaluation. Incorporate the performance of intellectual property protection into the performance appraisal and business environment evaluation system of each district committee and government. Organize and conduct social satisfaction surveys and protection level assessments of intellectual property protection every year. Improve the notification and interview mechanism, and urge all districts and departments to increase intellectual property protection.
(14) Implement the reward mechanism. In accordance with relevant national and municipal regulations, collectives and individuals who have made outstanding contributions to the protection of intellectual property rights shall be commended. Improve the reward mechanism for reporting infringement and counterfeiting to stimulate the public's enthusiasm and initiative to participate in intellectual property protection.
(15) Do a good job of propaganda and guidance. Strengthen the guidance of public opinion, regularly publish typical cases with social influence, and let the concept of strengthening intellectual property protection take root. Implement the responsibility system of “Whoever enforces the law will popularize the law” to enhance the effectiveness of IP law popularization. Promote the incorporation of intellectual property protection courses into the education planning of city and district party schools (School of Administration). Carry out activities for intellectual property protection to enter enterprises, units, communities, schools, and networks to enhance the awareness of intellectual property protection in the whole society and create a good atmosphere for accelerating the construction of intellectual property rights.