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The State Intellectual Property Office Promotes The Introduction Of Punitive Damages System In The Revision And Deliberation Of Patent Law.

2020/4/20 11:28:00 105

Intellectual PropertyPatent LawAmendmentDeliberationPunitive Damages System

2020 - 2021 implementation of the plan to promote the protection of intellectual property rights

1. Formulate and amend intellectual property laws and regulations and normative documents.

1., we should push forward the revision and deliberation of the patent law, introduce the system of tort punitive damages, promote the extension of the validity period of patents, and strengthen the protection of drug patents. We should do a good job in supporting and revising the patent examination guidelines.

2., we should push forward the revision of the copyright law, increase the provisions of tort punitive damages, and substantially increase the upper limit of tort compensation, and increase the intensity of compensation for damages.

3., we should promote trademark law amendment and strengthen trademark protection and law enforcement.

4., we should promote the punitive damages of intellectual property infringement in the formulation of tort liability of civil code. (continuous progress)

5., we should promote the revision of criminal law, improve the relevant provisions of the crime of infringing commercial secrets, intensify the criminal law enforcement of infringing business secrets, refine criminal procedures and penalties, destroy infringing counterfeit goods and standardize government disclosure.

6., we should improve the administrative licensing law and the anti unfair competition law, and strengthen business secret and confidential business information protection.

7., we should push forward the revision of the e-commerce law, strengthen the responsibility of the e-commerce platform, ensure that the relevant provisions of the civil code tort liability are consistent with each other, and strengthen the protection of intellectual property rights in the field of electricity supplier.

8., establish an early settlement mechanism for drug patent disputes. (completed by the end of October 2020)

9., we should study and formulate the culture industry promotion law and strengthen the protection of intellectual property rights in cultural industries. (continuous progress)

10. investigate and demonstrate the necessity and feasibility of formulating the basic law of intellectual property rights. (continuous progress)

11., we should promote legislation research on geographical indications protection and carry out evaluation and demonstration of legislative items. (completed by the end of December 2021)

12. to promote the revision of new plant variety protection regulations. (continuous progress)

13., we should promote regulations on the protection of traditional knowledge of traditional Chinese medicine. (continuous progress)

14. amendments to the registration and management of collective trademarks and certification marks. (continuous progress)

15. to amend the provisions of the administrative law enforcement agencies in transferring suspected criminal cases, and improve the procedures and requirements for the transfer of suspected criminal cases by the administrative law enforcement organs to the criminal judicial organs. (completed by the end of July 2020)

16., formulate the interpretation of the Supreme People's Court on several issues applicable to the trial of business secrets disputes. (completed by the end of August 2020)

17. accelerate the introduction of the provisions of the Supreme People's Court on several issues relating to the trial of administrative cases concerning patent licensing. (completed by the end of August 2020)

18., a judicial interpretation of Internet infringement and counterfeiting has been issued. (completed by the end of August 2020)

19. to formulate the interpretation of the Supreme People's court and the Supreme People's Procuratorate on certain issues concerning the specific application of laws in criminal cases involving infringing intellectual property rights (three). (completed by the end of August 2020)

20., we should improve and perfect the relevant provisions on the standards of filing criminal cases in criminal cases under the jurisdiction of public security organs. (completed by the end of August 2020)

21. to formulate guidelines for the examination of evidence for public prosecution in cases of infringing intellectual property rights. (completed by the end of December 2021)

22., the study issued copyright and neighbouring rights protection guidelines. (completed by the end of October 2020)

23. to study and formulate copyright protection measures for folk literature and art works. (completed by the end of December 2021)

24., the study has promulgated the evidence rules of intellectual property related legal documents certification and witness testimony. (completed by the end of October 2020)

25. to formulate opinions on the "three in one" trial of intellectual property rights in civil, administrative and criminal cases. (continuous progress)

26. conduct the investigation and Study on the copyright protection of sports events broadcast. (completed by the end of December 2021)

27., improve the rule of evidence in the comprehensive enforcement of cultural market. (continuous progress)

28. to study and formulate guidelines for notarization of intellectual property infringement, to provide guidance for notarization of electronic certificates, and to standardize the work of notarization of third party certificates, and to promote the application of notarized electronic storage technology. (completed by the end of December 2021)

29. revision of certain provisions concerning the prohibition of infringement of trade secrets. (completed by the end of October 2020)

30., a policy document should be issued to strengthen the protection of business secrets and confidentiality of business information in the process of administrative licensing. (completed by the end of October 2020)

31. to amend certain provisions concerning the prohibition of unfair competition in the name, packaging and decoration of counterfeit goods. (continuous progress)

32., study and formulate policy documents to promote innovation and development of digital culture industry, and strengthen the protection of intellectual property rights in digital cultural industry. (continuous progress)

33. study and compile the management standards for intellectual property protection of e-commerce platforms. A policy document on the piracy, infringement and counterfeiting of e-commerce platforms has been formulated. (completed by the end of October 2020)

34., formulate policy documents for destroying and infringing counterfeit goods. (completed by the end of July 2020)

Two, increase the administrative enforcement and judicial protection of intellectual property rights.

35., formulate a trademark infringement judgment standard. (completed by the end of June 2020)

36., we will push ahead with the revision of the administrative law enforcement measures for the protection of new varieties of forestry plants. (completed by the end of December 2021)

37. the annual patent, trademark, copyright, new varieties of agricultural plants, and the typical cases of administrative law enforcement and judicial protection in customs and cultural markets. (completed and pushed forward before the end of December 2021)

38., carry out comprehensive law enforcement evaluation of the national cultural market, and guide and supervise the improvement of law enforcement efficiency. (completed by the end of December 2021)

39., carry out the special action of "dragon Teng" intellectual property protection, increase the frequency of handling cases, and establish a system of issuing intellectual property law enforcement information on customs quarterly. (completed by the end of April 2020)

40., we should intensify law enforcement efforts in the real market, increase the frequency of handling cases, and establish a system of issuing relevant intellectual property related enforcement action information in the physical market in a quarterly manner. (completed by the end of May 2020)

41. to establish a system for issuing publicly related data on counterfeiting drugs according to the annual publication date. (completed by the end of July 2020)

42. crack down on counterfeit goods with health and safety risks, increase the frequency of handling cases, and establish a system of publicly releasing data and information on the above enforcement actions quarterly. (completed by the end of May 2020)

43., we should establish an investigation system for intellectual property protection. We will continue to improve the working mechanism of the intellectual property judicial protection technology investigator. (completed by the end of December 2021)

44., we should promote the examination and appraisal of patent and trademark infringement disputes, improve the examination and appraisal system of intellectual property infringement disputes, and study the establishment of a tort damage assessment system. (continuous progress)

45., organize special actions to protect and enforce intellectual property rights, organize the destruction of infringing and counterfeit goods, and severely crack down on infringement of intellectual property rights. (continuous progress)

46., launch a special action against cyber piracy. We will promote the investigation and handling of new copyright cases and new fields in advanced areas. (continuous progress)

47., we should intensify the enforcement of intellectual property rights in the cultural market, and thoroughly carry out regulations on network performances, online music and online animation market, so as to strictly investigate intellectual property infringement cases. (continuous progress)

48., we should launch a campaign against combating spot infringement and carry out special actions to combat agricultural products. (continuous progress)

49. organizing special actions to combat the right to infringe on new varieties of plants. (continuous progress)

50., we should launch a law enforcement action against counterfeit drugs and severely crack down on counterfeit drugs and biological products. We should strengthen international cooperation in law enforcement and exchange relevant law enforcement information with other countries. (continuous progress)

51., carry out special enforcement actions against unfair competition in key areas, and crack down on counterfeiting and confusion. (continuous progress)

52., we should thoroughly carry out the "Kunlun" action against crime and severely crack down on crimes of infringement and counterfeiting. (continuous progress)

53., we should perfect the system of intellectual property crime investigation and explore the establishment of intelligence guidance and investigation mechanism. (continuous progress)

54. explore the establishment of centralized jurisdiction system for arresting and prosecuting criminal cases involving intellectual property rights. (completed by the end of December 2021)

55. intensify the handling of civil and administrative litigation supervision cases in the field of intellectual property protection, and supervise and correct erroneous civil and administrative effective adjudication and trial violations, and enforce illegal activities according to law. (continuous progress)

56., we should formulate relevant judicial policies, strengthen the application of punitive damages system for intellectual property infringement, and apply highly applicable statutory compensation and heavier punishment for intellectual property crimes, so as to stop future theft or infringement of intellectual property rights. (completed by the end of August 2020)

Three, improve the protection mechanism of intellectual property rights.

57., strengthen the coordination between the intellectual property administrative departments and the public security departments, make administrative interpretations in time, improve the transfer mechanism of major cases, improve the linkage mechanism for investigating and handling suspected crimes, and strengthen the connection between administrative law enforcement and criminal justice. (continuous progress)

58. to carry out the judicial confirmation of intellectual property disputes mediation agreement, and support the establishment of the people's mediation organization and the lawyer mediation workshop in the field of intellectual property rights. (continuous progress)

59. launching a pilot scheme for notarization of intellectual property infringement, offering a unified notary reward and evidence collection platform. (completed by the end of December 2021)

60., we should promote the establishment of a special line for data exchange between the State Intellectual Property Office and the Supreme People's court, and clearly define the scope of information exchange. (completed by the end of December 2021)

61., we should establish a mechanism for linking up and sharing information between patent, trademark administrative confirmation and major infringement administrative enforcement cases, and carry out a pilot project. (continuous progress)

62., strengthen cross disciplinary enforcement and protection cooperation of intellectual property rights and cross regional joint anti-counterfeiting in the Yangtze River Delta, Pan Pearl River Delta and other regions. (continuous progress)

63., we should strengthen supervision by the NPC and carry out intellectual property law enforcement inspections in a timely manner in accordance with the revision of relevant laws and regulations, such as patent law and copyright law. (continuous progress)

64., strengthen the democratic supervision of the CPPCC, set up the CPPCC proposals around the contents of intellectual property protection, and invite special committee members and relevant departments to conduct thematic research. (continuous progress)

65. conduct pilot projects in the field of intellectual property classification based on credit. Regulate trademark malware registration, carry out abnormal patent application investigation and monitoring. (completed and pushed forward before the end of December 2021)

66., promote the national intellectual property rights public service platform and the national enterprise credit information publicity system, strengthen the intellectual property rights registration, administrative licensing, administrative punishment, random inspection results and other related enterprise information unified collection and sharing publicity. (completed by the end of December 2021)

67. publish the list of major cases of infringement and piracy. Carry out annual verification of the software usage and publish it to the public. (completed and pushed forward before the end of August 2020)

68., we should further promote the "blue sky" special action of the patent agency industry, and accurately crack down on illegal agents. (completed by the end of December 2020)

69. conduct intellectual property arbitration and mediation priority recommendation. We should intensify the efforts to foster intellectual property arbitration, mediation organizations and notarial institutions, and expand the types of business related to intellectual property protection in arbitration, mediation and notarization work. (completed by the end of December 2021)

70. encourage the Arbitration Commission to strengthen industry cooperation, research and establish intellectual property arbitration work platform, and formulate industry arbitration norms. It supports the establishment of notarization electronic storage service alliance, and explores the application of technology blocks such as block chain in notary electronic storage technology promotion. (continuous progress)

71. the establishment of the China International Intellectual Property Arbitration Commission. (completed by the end of December 2020)

72. formulate and promulgate guidelines for public service of intellectual property information. (completed by the end of December 2021)

73. give full play to the role of volunteers and encourage volunteers to participate in the construction of intellectual property protection system. (completed by the end of December 2021)

74. issue the group standards for intellectual property provisions of contracts for foreign trade and economic cooperation. (completed by the end of December 2021)

Four, optimize the key links of intellectual property protection

75. continuously improve the ability of patent and trademark review, reduce the value of patent examination cycle to 16 months, and reduce the period of patent examination to 20 months. The average registration period of trademark registration will be shortened to 4 months. (completed by the end of December 2021)

76. explore the establishment of a rapid review mechanism for trademark registration, change and renewal. (continuous progress)

77. to establish a censorship system for new varieties of forest and grass plants, and to reduce the initial trial period to 4 months. (completed by the end of December 2021)

78. improve the application and management system of new plant varieties, and strengthen the construction of new varieties of plants. (completed by the end of December 2021)

79., we should intensify the circuit examination of trademark review cases and establish a public hearing mechanism for major cases. (continuous progress)

80., we should establish a simplified and diffusing mechanism for judicial cases of intellectual property rights, improve trial procedures and document styles, and achieve the separation and separation of cases of different nature and complexity. (continuous progress)

81., we should study the establishment of a standardized market management standard for intellectual property protection, and guide the construction of arbitration, mediation and other quick handling mechanisms in related fields and links. (completed by the end of December 2021)

82. explore and carry out the pilot work of sharing intellectual property data resources on e-commerce platform, and guide the electronic business platform to effectively use patent evaluation report to deal with patent infringement complaints quickly. (completed by the end of December 2021)

83. according to the qualitative opinions of the competent departments of the industry, it requires the website platform to delete specific infringement links, close the infringing accounts, close the infringing and counterfeiting websites according to law, stop the infringement information dissemination, and crack down on the use of copyright litigation for speculative profit making. (completed by the end of December 2021)

84., intensify the construction of intellectual property protection center, and further improve the regional layout and industrial layout. (completed by the end of December 2021)

85., formulate relevant norms for management, training and quality control of intellectual property protection centers, expand business areas such as trademarks and geographical indications, and enhance the capability of rapid coordination protection. (completed by the end of December 2020)

Five, expand intellectual property protection and exchange and cooperation with other countries.

86., we should improve overseas intellectual property information services, early warning and other platforms, and strengthen the construction of dynamic tracking research mechanism for major trade countries (regions) intellectual property law and policy changes and major disputes, and build a database of overseas trademark and patent dispute cases. (continuous progress)

87., formulate and publish a number of country guidelines for intellectual property protection in key countries (regions). To study the country policy of overseas copyright disputes. (continuous progress)

88., encourage insurance companies to develop and design patent insurance products that meet the needs of enterprises and enhance their service capabilities, and guide insurance companies to increase publicity and promotion efforts on intellectual property related insurance. (continuous progress)

89. to build a number of sub branches for overseas intellectual property disputes in the mature areas, and to build overseas sub centers in key trading countries (regions). (completed by the end of December 2021)

90. strengthen the intellectual property rights protection of overseas key exhibitions, and provide intellectual property training and legal advisory services for Chinese exhibitors. (continuous progress)

91., establish an overseas intellectual property expert database, improve expert advisory mechanism, and promote the role of expert consultants in overseas rights protection assistance. (continuous progress)

92. regular meetings and seminars will be held with embassies and consulates in China, various international organizations in China, trade associations, chambers of Commerce and social organizations. (continuous progress)

93., we should improve the notification mechanism of intellectual property rights, organize press conferences and policy briefing in a timely manner, and make full use of regular press conferences to inform major matters and progress. (continuous progress)

94., organize the investigation of overseas intellectual property protection of Chinese enterprises and investigate the status of intellectual property protection of foreign-invested enterprises. (continuous progress)

95. according to the needs of police enterprise cooperation and foreign law enforcement cooperation, we should do well in intellectual property communication, meeting and information exchange. We should establish a liaison officer system for intellectual property rights, and unimpede communication with domestic and foreign rights holders. (continuous progress)

96., we should select overseas intellectual property observing enterprises and social organizations on the basis of overseas business organizations, and understand the relevant local people's demand for intellectual property rights protection. (continuous progress)

97., we should establish and improve multilateral and bilateral intellectual property cooperation and coordination mechanisms, make full use of the intellectual property dialogue and working group mechanism to deepen international cooperation, exchanges and consultation negotiations on intellectual property rights protection. (continuous progress)

98. fully cooperate with the world intellectual property organization, the world trade organization, the world customs organization, APEC and other relevant international organizations, and participate in the formulation and revision of the international rules of intellectual property through the international conference mechanism and exchange platform such as the group of twenty, and actively publicize the achievements of intellectual property protection in China. (continuous progress)

99., we will set up an exhibition booth to publicize China's intellectual property protection at important international exhibitions, and set up special exhibition areas in the relevant countries (regions). (completed by the end of December 2021)

100., we will convene a high level conference on "one belt and one road" intellectual property rights, and continue to cooperate with the "PPH" project to promote the sharing of the results. (continuous progress)

101. encourages the whole nation to learn to make full use of the international academic exchange and cooperation platform to carry out publicity on intellectual property rights protection, and to deepen cooperation with internationally renowned technical service institutions with the help of international technology service and transaction network. (completed by the end of December 2021)

Six, strengthen the protection of intellectual property protection resources.

102., push forward the construction of national intellectual property rights big data center. (continuous progress)

103., strengthen the construction of information sharing platform for infringement and counterfeiting administrative enforcement and criminal justice. (continuous progress)

104., we should promote the establishment of an information system platform for combating intellectual property crimes. (continuous progress)

105., encourage e-commerce platform to carry out the construction and application of intelligent detection system for infringement and counterfeiting clues, and enhance the efficiency and accuracy of combating infringement and counterfeiting. (completed by the end of December 2021)

106. support all regions and departments to conduct advanced research projects on intellectual property protection, encourage and guide all regions and departments, industry associations and colleges to carry out the continuing education of intellectual property protection talents. We should strengthen the training of intellectual property professionals and provide more opportunities for job training. (continuous progress)

107. intensify the training of legal advisers in the field of intellectual property rights. We should broaden the channels for the appointment of intellectual property arbitrators and set up an arbitrator remuneration system suitable for business development. To attract compound legal talents familiar with the field of intellectual property, join the ranks of notaries, and establish and improve the intellectual property protection notarial service personnel system. (continuous progress)

108., we should promote the solution to the problems of food and drug detection, the construction and staffing of crimes against intellectual property rights. Instruct the relevant police colleges to set up courses to crack down on intellectual property crimes and intensify law enforcement training. (continuous progress)

109., we should continue to deepen the comprehensive law enforcement reform of the cultural market and strengthen the building of comprehensive law enforcement teams. (continuous progress)

110., we should improve the law enforcement personnel of forest and grass administrative departments above the county level, and enhance the ability of administrative law enforcement. We should guide forest and grass administrative departments at all levels to carry out the training of new varieties and protection of forest and grass plants, and increase the cultivation of professional talents. (completed by the end of December 2020)

111., we should continue to improve the work mechanism of the intellectual property administrative procuratorial specialized case team, the professional prosecutor's talent pool and the intellectual property professional and technical personnel pool, so as to enhance the professionalization level of handling cases. (completed by the end of December 2021)

112., we should strengthen the training of Customs Law Enforcement and related personnel, train experts in customs protection of intellectual property rights at a planned and hierarchical level, and enhance the team's law enforcement capability. (completed and pushed forward before the end of October 2020)

113. encourage local science and technology associations to carry out patent information popularization and application, training of intellectual property talents for enterprises, and enhance their technological innovation capability and level. (completed by the end of December 2021)

114., strengthen the training of intellectual property rights for non heritage heritage groups. (continuous progress)

115. to compile guidelines for the protection of intellectual property rights in enterprises in key areas. (completed by the end of December 2021)

116., investigate the intellectual property protection situation of private enterprises, and strengthen the training of private enterprises' intellectual property rights compliance and risk prevention. (completed by the end of December 2021)

117. increase the supply of intellectual property protection funds. (continuous progress)

118., we should strengthen the funding guarantee for the comprehensive law enforcement team in the cultural market, provide law enforcement equipment according to the standard, inform the outstanding typical units according to the regulations, and give grants for handling cases. (completed and pushed forward before the end of December 2021)

119., we should promote the solution to the problems of public security organs, such as food and drug detection, police protection and equipment construction. (continuous progress)

120. study and formulate the general plan for the construction of pilot zones for the protection of intellectual property rights. (completed and pushed forward before the end of December 2021)

121., the national copyright demonstration and creation work has been carried out, and several copyright demonstration cities, units and parks have been built. (continuous progress)

Seven, promote the publicity and cultural construction of intellectual property rights protection.

122., we should make good use of all kinds of publicity carriers, publicize the protection of intellectual property rights, and guide public opinion guidance everywhere. (continuous progress)

123., we will continue to carry out large-scale publicity activities such as the national intellectual property publicity week, China intellectual property annual meeting, intellectual property protection high level forum, China international trademark brand Festival, and Internet copyright protection and development conference. (continuous progress)

124. publish the white paper and data report on China's intellectual property protection, and the white paper on judicial protection of intellectual property in Chinese courts. (continuous progress)

125. issue new progress report on China's intellectual property rights protection and business environment. (continuous progress)

126., deepen the work of cultural construction of intellectual property rights, continuously promote the education of intellectual property rights in primary and secondary schools, carry out universal education of intellectual property rights, and give full play to the role of intellectual property publicity and education base. (continuous progress)

Eight, strengthen the protection of intellectual property rights protection organizations

127., the work of intellectual property protection should be integrated into the comprehensive performance evaluation index system of high quality development, and the relevant performance evaluation of high quality development should be promoted as an important part of the performance appraisal of local party and government leading bodies and leading cadres at all levels. (continuous progress)

128., the establishment of intellectual property protection work shall be announced by the local Party committee and the government. (continuous progress)

129. to carry out performance appraisal for cracking down on intellectual property rights and counterfeiting and shoddy commodities. (continuous progress)

130., we should establish an evaluation index system for evaluation and protection of intellectual property rights. (completed by the end of December 2020)

131. to carry out the social satisfaction survey of intellectual property rights protection, and adjust and optimize the relevant evaluation index system. (continuous progress)

132. make full use of the existing reward system, and give awards and commendations to the collective and individuals who make outstanding contributions to the protection of intellectual property rights. (continuous progress)

133., improve the reward mechanism for infringement and Piracy Reporting. (continuous progress)

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