Recently, the Central Committee of the Communist Party of China and the State Council issued the "Outline for Building an Intellectual Property Powerful Country (2021-2035)" and issued a notice requiring all regions and departments to implement it conscientiously in light of their actual conditions.
The main contents of the "Outline for Building an Intellectual Property Powerful Country (2021-2035)" are as follows.
This Outline is formulated for the purpose of coordinating and promoting the construction of a powerful intellectual property country, comprehensively improving the level of intellectual property creation, utilization, protection, management and service, and giving full play to the important role of the intellectual property system in socialist modernization.
1. Strategic background
Since the 18th National Congress of the Communist Party of China, under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, China's intellectual property development has achieved remarkable results, and the system of intellectual property laws and regulations has been gradually improved. The number of high-value intellectual property rights such as high-quality geographical indications, high-level integrated circuit layout designs has increased significantly, the protection of commercial secrets has been continuously strengthened, the utilization level of genetic resources, traditional knowledge and folklore has been steadily improved, and the protection effect of intellectual property rights, utilization benefits and The international influence has been significantly improved, the awareness of intellectual property rights in the whole society has been greatly improved, a group of market players with strong intellectual property competitiveness have emerged, and a road to the development of intellectual property rights with Chinese characteristics has been blazed, which effectively guarantees the construction of an innovative country and the comprehensive building of a moderately prosperous society achievement of goals.
Entering a new stage of development, promoting high-quality development is an inevitable requirement for maintaining sustained and healthy economic development. Innovation is the primary driving force leading development. The role of intellectual property as a strategic resource for national development and a core element of international competitiveness has become more prominent. Implement the strategy of strengthening the country with intellectual property rights, respond to the challenges posed by new technologies, new economies, and new situations to the reform of the intellectual property system, accelerate the reform and development of intellectual property rights, coordinate the government and the market, domestic and international, as well as the quantity and quality of intellectual property rights, demand and The linkage relationship between supply and supply will comprehensively enhance the comprehensive strength of my country's intellectual property rights, vigorously stimulate the innovation vitality of the whole society, and build a world-class intellectual property power with Chinese characteristics. Efficient, fairer, more sustainable, and safer development is of great significance to meet the people's growing needs for a better life.
2. General requirements
(1) Guiding ideology. Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Party and the Second, Third, Fourth, and Fifth Plenary Sessions of the 19th Central Committee, and closely focus on promoting the "five in one" overall layout and Coordinate the promotion of the "four comprehensive" strategic layout, adhere to the general principle of seeking progress while maintaining stability, take promoting high-quality development as the theme, deepen supply-side structural reform as the main line, and use reform and innovation as the fundamental driving force to meet the growing needs of the people. The need for a better life is the fundamental purpose, based on the new development stage, implementing the new development concept, building a new development pattern, firmly grasping that strengthening intellectual property protection is the most important content of improving the property rights protection system and the biggest incentive to improve the country's economic competitiveness. Create, use, protect, manage and serve the entire chain of intellectual property rights, strengthen international cooperation in intellectual property protection, and build an intellectual property power with perfect system, strict protection, efficient operation, convenient service, cultural awareness, openness and win-win, and contribute to the construction of innovation It provides a solid guarantee for a large-scale country and a powerful modern socialist country.
(2) Working principles
- Guarantee of the rule of law and strict protection. Implement the basic strategy of comprehensively governing the country by law, protect intellectual property rights in strict accordance with the law, and earnestly safeguard social fairness and justice and the legitimate rights and interests of obligees.
——Reform-driven, quality-led. Deepen the reform in the field of intellectual property rights, build a more complete system and mechanism for the market-oriented allocation of factors, better play the basic guarantee role of the intellectual property system in stimulating innovation, and provide a steady stream of impetus for high-quality development.
——Focus on key points and make overall plans and coordination. Adhere to strategic guidance and overall planning, highlight key areas and major needs, and promote the in-depth integration and development of intellectual property and economy, technology, culture, society and other aspects.
——Scientific governance, win-win cooperation. Adhere to the concept of a community with a shared future for mankind, plan and promote the reform and development of intellectual property rights from an international perspective, and promote the establishment of open, inclusive, balanced and inclusive international rules for intellectual property rights, so that innovation and creation can benefit people of all countries.
(3) Development goals
By 2025, the construction of an intellectual property power will achieve remarkable results, the protection of intellectual property rights will be more stringent, social satisfaction will reach and maintain a high level, the market value of intellectual property rights will be further highlighted, brand competitiveness will be greatly improved, and the added value of patent-intensive industries will account for the proportion of GDP It will reach 13%, the added value of the copyright industry will account for 7.5% of GDP, the total annual import and export of intellectual property royalties will reach 350 billion yuan, and the number of high-value invention patents per 10,000 population will reach 12 (the above indicators are expected indicators).
By 2035, my country's intellectual property comprehensive competitiveness will rank among the top in the world, the intellectual property system system will be complete, intellectual property rights will promote the vigorous development of innovation and entrepreneurship, the whole society's intellectual property culture will be consciously formed, and all-round and multi-level participation in international cooperation in the global governance of intellectual property rights will be achieved. The pattern has been basically formed, and a powerful intellectual property country with Chinese characteristics and a world-class level has been basically established.
3. Building an Intellectual Property System Oriented to Socialist Modernization
(4) Construct a legal system with complete categories, strict structure, and internal and external coordination. Carry out basic legal research on intellectual property rights, do a good job in the connection between special laws and regulations, and enhance the applicability and uniformity of laws and regulations. Revise the Patent Law, Trademark Law, Copyright Law and the Regulations on the Protection of New Varieties of Plants in a timely manner according to the actual situation, explore the formulation of special laws and regulations on geographical indications and appearance designs, improve the unified protection system for geographical indications that coordinate special protection and trademark protection, and improve the layout of integrated circuits. Figure design regulations. Formulate, revise and strengthen laws and regulations on the protection of trade secrets, improve the legal system to regulate the abuse of intellectual property rights, as well as anti-monopoly and anti-unfair competition legislation related to intellectual property rights. Amendments to the Scientific and Technological Progress Act. Combined with the revision and implementation of relevant procedural laws, study and establish a special procedural legal system that conforms to the laws of intellectual property adjudication. Accelerate the legislation of intellectual property rights in new fields and new formats such as big data, artificial intelligence, and genetic technology. To adapt to the needs of scientific and technological progress and economic and social development, promote the amendment and abolition of intellectual property laws and regulations in a timely manner, expand the scope of protection objects in a timely manner, improve protection standards, comprehensively establish and implement a punitive compensation system for infringement, and increase damage compensation.
(5) Build a management system with unified responsibilities, scientific norms, and excellent services. Continue to optimize the management system and mechanism, strengthen the power of the central government in macro-management of intellectual property protection, regional coordination, and overall planning of foreign-related matters, continuously strengthen institutional construction, and improve management efficiency. Focusing on the national and regional coordinated development strategy, formulate and implement regional intellectual property strategies, deepen the construction of strong intellectual property provinces and strong cities, and promote the coordinated development of regional intellectual property rights. Implement the first-class patent and trademark examination agency construction project, establish a patent and trademark examiner system, optimize the patent and trademark examination cooperation mechanism, and improve the quality and efficiency of examination. Construct an intellectual property service industry supervision system of government supervision, social supervision, industry self-discipline, and institutional autonomy.
(6) Construct a policy system that is fair, reasonable, and scientifically evaluated. Adhere to the policy orientation of strict protection, improve the distribution mechanism of intellectual property rights, improve the distribution system oriented to increasing the value of knowledge, and promote the realization of the value of intellectual property rights. Improve the protection-oriented patent and trademark examination policy. Improve the copyright registration system, network protection and transaction rules. Improve the policy adjustment mechanism for intellectual property review and registration, and establish a dynamic management mechanism for review. Establish a sound intellectual property policy legality and fair competition review system. Establish an intellectual property public policy evaluation mechanism.
(7) Build a system of intellectual property rights rules in emerging fields and specific fields with timely response and reasonable protection. Establish and improve intellectual property rights protection rules for new technologies, new industries, new formats, and new models. Explore and improve the intellectual property protection system in the Internet field. Research and build data intellectual property protection rules. Improve open source intellectual property rights and the legal system. Research and improve the intellectual property protection rules for algorithms, business methods, and artificial intelligence outputs. Strengthen the establishment of access and benefit-sharing systems for genetic resources, traditional knowledge, and folklore, and strengthen the collection, arrangement, transformation and utilization of intangible cultural heritage. Promote the effective connection between the protection of traditional knowledge of traditional Chinese medicine and the modern intellectual property system, further improve the comprehensive protection system of intellectual property rights of traditional Chinese medicine, establish a special review and protection mechanism for patents of traditional Chinese medicine, and promote the inheritance and innovation of traditional Chinese medicine.
4. Build an intellectual property protection system that supports a world-class business environment
(8) Improve the judicial protection system that is fair and efficient, with scientific jurisdiction, clear power boundaries, and a complete system. Implement a high-level intellectual property trial institution construction project, and strengthen the trial foundation, institutional mechanism, and smart court construction. Improve the intellectual property trial organization, optimize the layout of the trial institutions, improve the appeal trial mechanism, further promote the reform of the "three-in-one" trial mechanism for intellectual property civil, criminal, and administrative cases, and build a trial with specialized case trials, centralized jurisdiction, and intensive procedures system. Strengthen the professional training and professional selection of intellectual property judges, strengthen the team building of technical investigators, and ensure the quality and efficiency of case trials. Actively promote the construction of a cross-regional IP remote litigation platform. Unify the standards of intellectual property judicial judgment and the application of law, and improve the rules of judgment. Intensify criminal crackdowns and improve the investigation system for intellectual property crimes. Revise and improve judicial interpretations related to intellectual property rights, and formulate supporting standards for filing and prosecuting cases of intellectual property infringement crimes. Strengthen the construction of the procuratorial supervision mechanism for intellectual property cases, and strengthen the guidance of sentencing recommendations and appeal guidance.
(9) Improve a convenient, efficient, strict and fair, open and transparent administrative protection system. Scientifically allocate and exercise the investigative, punitive and coercive powers of relevant administrative departments in accordance with the law. Establish unified and coordinated law enforcement standards, evidence rules, and case guidance systems. Vigorously improve the specialization and professionalization of administrative law enforcement personnel, and explore the establishment of an administrative protection technical investigator system. Build a platform for administrative law enforcement and supervision of intellectual property rights, and improve the modernization and intelligence of law enforcement and supervision. Establish and improve the inspection and identification work system for intellectual property infringement disputes. Give full play to the role of the administrative adjudication system for patent infringement disputes, and increase the enforcement of administrative adjudication. Explore the judicial confirmation system for administrative mediation agreements on intellectual property disputes applied by the parties. Improve cross-regional and cross-department law enforcement and protection cooperation mechanisms. Establish a foreign trade intellectual property protection investigation mechanism and a special mechanism for intellectual property protection in free trade pilot zones. Strengthen customs protection of intellectual property rights and promote international cooperation in intellectual property law enforcement.
(10) Improve the coordinated protection pattern of unified leadership, smooth connection, fast and efficient. Adhere to the centralized and unified leadership of the Party Central Committee, and realize the coordinated protection of intellectual property rights in which the government fulfills its duties and responsibilities, law enforcement agencies strictly supervise, judicial organs impartially administer justice, market entities regulate management, industry organizations self-discipline and self-government, and the public is honest and law-abiding. Implement the construction project of intellectual property protection system. Clarify the responsibilities, powers and jurisdictions of administrative and judicial organs, improve the linkage mechanism between administrative protection of intellectual property rights and judicial protection, and form a joint protection force. Establish and improve the intellectual property arbitration, mediation, notarization, appraisal and rights protection assistance system, and strengthen the construction of relevant systems. Improve the intellectual property credit supervision system, strengthen the establishment of intellectual property credit supervision mechanisms and platforms, and punish serious dishonesty in the intellectual property field in accordance with laws and regulations. Improve the copyright collective management system, and strengthen the support and supervision of copyright collective management organizations. Implement geographical indication protection projects. Build a network of intellectual property protection centers and a network of overseas intellectual property dispute response guidance centers. Establish and improve an information platform for overseas intellectual property early warning and rights protection assistance.
V. Establish an intellectual property market operation mechanism that stimulates innovation and development
(11) Improve the high-quality creation mechanism with enterprises as the main body and market as the guidance. With quality and value as the standard, reform and improve the intellectual property assessment and evaluation mechanism. Guide market entities to give full play to the combined effect of patents, trademarks, copyrights and other types of intellectual property rights, and cultivate a group of world-class enterprises with strong intellectual property competitiveness. Deepen the implementation of the intellectual property strategy promotion project for small and medium-sized enterprises. Optimize intellectual property management for national science and technology planning projects. Focusing on the cutting-edge technologies and key areas of biological breeding, accelerate the cultivation of a batch of excellent new plant varieties with intellectual property rights, and improve the quality of authorized varieties.
(12) Improve the application mechanism for efficient and smooth operation and full realization of value. Strengthen the cultivation of patent-intensive industries and establish an investigation mechanism for patent-intensive industries. Actively play the role of patent navigation in regional development and major economic and technological projects invested by the government, and vigorously promote the application of patent navigation in traditional advantageous industries, strategic emerging industries, and future industrial development. Reform the ownership of state-owned intellectual property rights and the distribution of rights and interests, and expand the autonomy of scientific research institutions and universities in the disposal of intellectual property rights. Establish and improve the declaration system for intellectual property rights formed by financially funded scientific research projects. Establish a statistical release mechanism for intellectual property transaction prices. Promote the construction of trademarks and brands, strengthen the protection of well-known trademarks, develop and inherit traditional brands and time-honored brands, and vigorously cultivate well-known trademarks and brands with international influence. Give full play to the role of collective trademarks and certification trademark systems, and create industrial cluster brands and regional brands with distinctive features, strong competitiveness, and good market reputation. Promote the organic integration of geographical indications with the development of characteristic industries, ecological civilization construction, historical and cultural inheritance, and rural revitalization, and enhance the brand influence and product added value of geographical indications. Implement geographical indication agricultural product protection projects. Carry out in-depth pilot and demonstration work on intellectual property rights, promote enterprises, universities, and scientific research institutions to improve their intellectual property management systems, and encourage universities and scientific research institutions to establish specialized intellectual property transfer and transformation institutions.