Notice of the State Council on Printing and Distributing the "14th Five-Year Plan" National Intellectual Property Protection and Utilization Plan
Date：2021-10-09
State Development [2021] No. 20
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries and commissions of the State Council, and all institutions directly under the State Council:
The "14th Five-Year Plan" National Intellectual Property Protection and Utilization Plan is now issued to you, please implement it conscientiously.
State Council
October 9, 2021
(This piece is publicly released)
"14th Five-Year Plan" National Intellectual Property Protection and Utilization Plan
In order to implement the decision-making and deployment of the Party Central Committee and the State Council on intellectual property work, comprehensively strengthen the protection of intellectual property rights, efficiently promote the use of intellectual property rights, stimulate the innovation vitality of the whole society, and promote the construction of a new development pattern, according to the "National Economic and Social Development of the People's Republic of China No. Fourteen Five-Year Plans and the Outline of Long-term Goals for 2035" and "Outline for Building an Intellectual Property Powerful Country (2021-2035)" to formulate this plan.
1. Planning background
During the "Thirteenth Five-Year Plan" period, the Party Central Committee and the State Council put the work of intellectual property protection in a more prominent position, strengthened top-level design, deployed and promoted a series of reforms, introduced a series of major policies, and established and improved the State Council's inter-ministerial joint work on the implementation of the intellectual property strategy. The conference system, the reorganization of the State Intellectual Property Office, the improvement of the legal system of intellectual property rights, and the promotion of judicial reform in the field of intellectual property rights have effectively improved the governance capacity and level of governance in the field of intellectual property rights. Over the past five years, various regions and relevant departments have implemented the "13th Five-Year Plan" National Intellectual Property Protection and Utilization Plan, continuously promoted the implementation of intellectual property strategies, and steadily improved the ability to create intellectual property rights. The number of invention patents per 10,000 people in China has increased from " At the end of the 12th Five-Year Plan, the number of intellectual property rights increased from 6.3 to 15.8. The number of intellectual property rights such as patents, trademarks, copyrights, and new plant varieties ranks among the top in the world, and the quality is steadily improving. The efficiency of intellectual property utilization has continued to improve, transaction operations have become more active, and the level of transfer and transformation has continued to increase. The added value of patent-intensive industries accounted for more than 11.6% of the gross domestic product (GDP), and the added value of copyright industries accounted for more than 7.39% of GDP. The protection of intellectual property rights has been significantly strengthened, the protection system has been continuously improved, the protection ability has been continuously improved, and the social satisfaction degree of intellectual property protection has increased to 80.05 points. The intellectual property public service system has been further improved, and the intellectual property service industry has accelerated its development. The team of intellectual property professionals continues to grow, and the awareness of respecting and protecting intellectual property rights in the whole society has increased significantly. The international cooperation on intellectual property rights has been continuously deepened, and the intellectual property cooperation with the World Intellectual Property Organization, the countries and regions jointly building the "Belt and Road", the BRICS countries, and the Asia-Pacific Economic Cooperation has been solidly advanced, forming an international intellectual property cooperation of "four-sided linkage and coordinated promotion" new situation. In general, the main objectives and tasks of the “13th Five-Year Plan” were completed on schedule, the cause of intellectual property has achieved great development, great leap forward, and great improvement, and the work of intellectual property protection has made historic achievements, effectively supporting the construction of an innovative country and the comprehensive construction of The goal of a moderately prosperous society was achieved.
The world today is undergoing major changes unseen in a century. A new round of scientific and technological revolution and industrial transformation is in-depth development. The international balance of power is undergoing profound adjustments. The international environment is becoming increasingly complex. Instability and uncertainty have increased significantly. my country is in a critical period of realizing the great rejuvenation of the Chinese nation. The economy has shifted from a stage of high-speed growth to a stage of high-quality development. The innovation-driven development strategy has been implemented in depth, the construction of a modern industrial system has been accelerated, and high-level opening-up has continued to deepen. Innovation is the primary driving force leading development, and the protection of intellectual property rights is the protection of innovation. Intellectual property protection is related to the modernization of the national governance system and governance capabilities, to high-quality development, to the well-being of the people, to the overall situation of the country's opening up, and to national security. At present, intellectual property rights are playing an increasingly important role in stimulating innovation, building brands, regulating market order, and expanding opening up to the outside world. However, my country's intellectual property work still faces many problems and shortcomings. The main manifestations are: Insufficient creation of quality intellectual property rights, inadequate administrative law enforcement and judicial linkage mechanisms, frequent occurrence of intellectual property infringements, easy infringements, and difficulties in rights protection still exist, the effectiveness of intellectual property transfer and transformation needs to be improved, the supply of intellectual property services is insufficient, overseas intellectual property rights The ability to respond to disputes is insufficient, and the role of the intellectual property system in promoting high-quality economic and social development needs to be further developed. During the "14th Five-Year Plan" period, to do a good job in intellectual property work must take into account both domestic and international situations, enhance awareness of opportunities and risks, cultivate opportunities in crises, open new games in changing situations, and give full play to the role of the intellectual property system in promoting the construction of new It plays an important role in the development pattern and provides strong support for building a modern socialist country in an all-round way.
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, coordinate and promote the overall layout of "five in one" and coordinate the promotion of " "Four comprehensive" strategic layout, adhere to the general tone of seeking progress while maintaining stability, based on the new development stage, fully, accurately and comprehensively implement the new development concept, build a new development pattern, adhere to the theme of promoting high-quality development, and comprehensively strengthen intellectual property rights Protection is the main line, with the goal of building a powerful intellectual property country, with reform and innovation as the fundamental driving force, deepen the reform of intellectual property protection work systems and mechanisms, comprehensively improve the level of intellectual property creation, use, protection, management and service, and further promote international cooperation in intellectual property rights. Promote the construction of a modern economic system, stimulate the innovation vitality of the whole society, and strongly support the high-quality economic and social development.
(2) Basic principles.
Adhere to quality first. Adhere to the direction of high-quality development, accelerate the transformation of intellectual property work from pursuing quantity to improving quality, promote high-quality creation, high-efficiency use, high-standard protection, and high-level services of intellectual property, and better serve the construction of a modern economic system.
Insist on strengthening protection. Strengthen the protection of the entire chain of intellectual property rights, coordinate and promote the work of intellectual property review and authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, and citizen integrity, build a work pattern of strict protection, large protection, fast protection, and simultaneous protection, and comprehensively improve protection capacity, and strive to create a fair competitive market environment.
Adhere to open cooperation. Promote a wider, broader, and deeper opening of intellectual property to the outside world, coordinate the promotion of international cooperation in intellectual property, actively participate in the construction of a global intellectual property governance system, strengthen multilateral cooperation in the field of intellectual property, and continue to enhance the international influence and competitiveness of intellectual property. Serving the development of an open economy.
Adhere to system coordination. Establish a system concept, improve the collaborative promotion mechanism of intellectual property work, strengthen departmental coordination, upper and lower linkages, regional cooperation, and social co-governance, and comprehensively use legal, administrative, economic, technological, and social governance to improve the efficiency of systematic governance in the field of intellectual property.
(3) Main objectives.
By 2025, the staged goals and tasks of building a powerful intellectual property country will be completed as scheduled, the governance capacity and level of intellectual property rights will be significantly improved, the intellectual property industry will achieve high-quality development, effectively support innovation-driven development and the construction of a high-standard market system, and effectively promote economic and social development. High-quality development.
——The protection of intellectual property rights has reached a new level. The level of legalization of intellectual property protection is continuously improved, the linkage mechanism of intellectual property protection is more perfect, the system of punitive compensation for intellectual property infringement is effectively implemented, the phenomenon of frequent infringement is effectively curbed, and social satisfaction with intellectual property protection reaches and maintains a high level. More high-quality intellectual property rights in the core technology field have emerged, effectively improving the modernization level of the industrial chain and supply chain, and the basic guarantee role of the intellectual property system in stimulating innovation has been fully exerted.
——The use of intellectual property rights has achieved new results. The system and mechanism of intellectual property transfer and transformation are more perfect, the intellectual property ownership system is more complete, the circulation of intellectual property rights is smoother, the benefits of intellectual property transformation are significantly improved, the market value of intellectual property rights is further highlighted, and the added value of patent-intensive industries and the added value of copyright industries account for the proportion of GDP Steadily improve to promote industrial transformation and upgrading and innovation and development of emerging industries.
——Intellectual property services have reached a new level. The construction of intellectual property informatization and intelligent infrastructure has achieved remarkable results, the protection of intellectual property has achieved online and offline integrated development, the public service system for intellectual property has been further improved, the intellectual property service industry has developed in an orderly manner, and the professional level of service agencies has been significantly improved, further promoting Innovation results better benefit the people.
- New breakthroughs have been made in international cooperation on intellectual property rights. my country's role in the global intellectual property governance system has become more prominent, international coordination of intellectual property rights has become stronger, new progress has been achieved in intellectual property cooperation along the "Belt and Road", overseas intellectual property rights acquisition and protection capabilities have been further improved, and high-level opening up has been vigorously promoted.
Main indicators of intellectual property development during the "14th Five-Year Plan" period
Note: ① "Possession of high-value invention patents per 10,000 population" refers to the number of effective invention patents authorized by the State Intellectual Property Office that meet any of the following conditions: 1. Invention patents for strategic emerging industries; 2. Invention patents with the same family of patent rights overseas; 3. Invention patents maintained for more than 10 years; 4. 5. Invention patents that achieve a relatively high amount of pledged financing; Obtained the invention patent of National Science and Technology Award and China Patent Award.
② "Registered amount of intellectual property pledge financing" refers to the amount of intellectual property pledge financing registered by the State Intellectual Property Office.
③④ is the value in 2019.
3. Comprehensively strengthen the protection of intellectual property rights and stimulate the innovation vitality of the whole society
(4) Improving the intellectual property legal policy system.
Improve intellectual property laws and regulations. Carry out basic legal research on intellectual property rights. Coordinate and promote the revision and improvement of patent law, trademark law, copyright law, anti-monopoly law, science and technology progress law, e-commerce law and other relevant laws and regulations. Strengthen legislation in areas such as geographical indications and commercial secrets, and introduce regulations on the protection of commercial secrets. Improve integrated circuit layout design regulations. Promoting the revision of the Regulations on the Protection of New Varieties of Plants. Formulate regulations on the protection of traditional knowledge of traditional Chinese medicine. Improve the intellectual property legal system that is linked to national defense construction. Comprehensively establish and implement a punitive compensation system for intellectual property infringement, and increase damage compensation. Research and establish a special procedure legal system that conforms to the laws of intellectual property adjudication. To adapt to the needs of scientific and technological progress and economic and social development, promote the establishment, revision and abolition of intellectual property laws and regulations in a timely manner according to law. (Central Propaganda Department, Supreme People's Court, Supreme People's Procuratorate, Ministry of Science and Technology, Ministry of Industry and Information Technology, Ministry of Justice, Ministry of Agriculture and Rural Affairs, Ministry of Commerce, National Health Commission, State Administration for Market Regulation, State Administration of Science, Technology and Industry for National Defense, National Forestry and Grassland Bureau, State Administration of Traditional Chinese Medicine, State Intellectual Property Office, Equipment Development Department of the Central Military Commission, etc. are responsible according to the division of responsibilities)
Improve intellectual property protection policies. Improve the intellectual property protection system for new fields and new formats such as big data, artificial intelligence, and genetic technology. Research and build data intellectual property protection rules. Improve open source intellectual property rights and the legal system. Improve the intellectual property protection mechanism in the field of e-commerce. Improve the access to and benefit-sharing system for genetic resources, and establish an information sharing system for access to and benefit-sharing for interdepartmental biological genetic resources. Formulate protection measures for traditional culture, folklore, and traditional knowledge. Establish an intellectual property protection system related to intangible cultural heritage. Improve the copyright protection system in the fields of sports event programs, variety shows, and webcasts. Improve the copyright protection measures for excellent stage art works such as red classics. Improve intellectual property rights protection policies for clothing design and other fashion industries. Improve the early resolution mechanism for drug patent disputes, and formulate relevant supporting measures. Improve the examination and protection mechanism for invention patents in the field of traditional Chinese medicine. Improve the green technology intellectual property protection system. Improve the management regulations on the protection of intellectual property rights in colleges and universities. Establish an assessment system for intellectual property infringement damage. (Central Propaganda Department, Central Cyberspace Administration, Supreme People's Court, Ministry of Education, Ministry of Finance, Ministry of Ecology and Environment, Ministry of Culture and Tourism, State Administration for Market Regulation, State Administration of Radio, Film and Television, State Forestry and Grassland Administration, State Administration of Traditional Chinese Medicine, State Food and Drug Administration , the State Intellectual Property Office, etc. are responsible according to the division of responsibilities)
Improve intellectual property policies to safeguard national security. Research and formulate rules for the protection of intellectual property rights of key core technologies related to national security. Manage the external transfer of intellectual property rights that involves national security in accordance with the law, and improve the review system for the external transfer of intellectual property rights. Improve laws, regulations and policy measures related to intellectual property anti-monopoly and fair competition. Promote the extraterritorial application of laws and regulations related to intellectual property rights in my country. Research and establish a domestic intellectual property protection system for import trade. Improve cross-border e-commerce intellectual property protection rules. (The Central Propaganda Department, the Central Cyberspace Affairs Commission, the National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Commerce, the State Administration for Market Regulation, the State Administration of Science, Technology and Industry for National Defense, and the State Intellectual Property Office are responsible according to the division of responsibilities)
(5) Strengthen the judicial protection of intellectual property rights.
Improve the judicial protection system for intellectual property rights. Strengthen the allocation of intellectual property judicial resources and strengthen the construction of the intellectual property trial system. Improve the appeal mechanism for intellectual property cases and improve the establishment of specialized courts. Deeply promote the reform of the "three-in-one" trial mechanism for intellectual property civil, criminal, and administrative cases. Improve the intellectual property rights inspection system and mechanism. Establish and improve the case jurisdiction system and coordination mechanism compatible with the judicial mechanism and the procuratorial mechanism. Improve the mechanism for separating complicated and simple intellectual property judicial cases, carry out pilot programs for simplified procedures adapted to the characteristics of intellectual property trials, and improve the quality and efficiency of trials. Explore the judicial confirmation system for administrative mediation agreements on intellectual property disputes applied by the parties. Promote the establishment of a trial mechanism for intellectual property cases across administrative regions, give full play to the role of the court case designation jurisdiction mechanism, and effectively break local protection. (The Supreme People's Court, the Supreme People's Procuratorate, etc. are responsible according to the division of responsibilities)
Improve judicial protection of intellectual property rights. Strengthen information communication and sharing between judicial protection and administrative rights confirmation, administrative law enforcement, mediation, arbitration, notarization and deposit of evidence, etc., promote the unification of administrative law enforcement standards and judicial judgment standards, and form an organic connection and complementary advantages. Strengthen civil judicial protection, study and formulate litigation norms that conform to the laws of intellectual property cases. Improve criminal laws and judicial interpretations, intensify criminal crackdowns, accurately apply the standards for transfer of administrative law enforcement in the field of intellectual property rights to criminal justice and the standards for filing and prosecuting criminal cases, and standardize the application of penalties. Strengthen the training and selection of intellectual property judicial personnel, and strengthen the team building of technical investigators. (The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security are responsible according to the division of responsibilities)
(6) Strengthen the administrative protection of intellectual property rights.
Improve the administrative protection mechanism for intellectual property rights. Strengthen the power of the central government in macro-management of intellectual property protection, regional coordination, and overall planning of foreign-related matters. Strengthen the construction of intellectual property protection institutions. Build national pilot and demonstration zones for intellectual property protection in regions where conditions are ripe. Strengthen the establishment of a guidance system for administrative enforcement of intellectual property rights. Establish an administrative protection technical investigator system. Improve the administrative adjudication system for intellectual property infringement disputes. Improve the cross-regional and cross-departmental intellectual property administrative protection cooperation mechanism. Strengthen the protection of intellectual property rights in the field of commercial and trade circulation, formulate national norms for the protection of intellectual property rights in the commodity trading market, continue to promote the construction of a standardized market for intellectual property protection, and purify the consumer market. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department, the Ministry of Culture and Tourism, and the State Administration for Market Regulation are responsible according to the division of responsibilities)
Improve the effectiveness of administrative protection of intellectual property rights. Make better use of the role of the National Leading Group for Combating Intellectual Property Infringement and the Production and Sale of Counterfeit and Shoddy Commodities, strengthen departmental coordination, carry out special administrative law enforcement actions in key areas, key links, and key regions, focusing on investigating and punishing counterfeit patents, trademark infringement, copyright infringement, geographical Illegal acts such as logo infringement and counterfeiting. Increase the intensity of administrative penalties, strengthen administrative rulings on infringement disputes, and effectively curb malicious infringement, repeated infringement, and group infringement. Improve patent and trademark infringement judgment standards. Strengthen the construction of the protection system for new plant varieties. Strengthen customs protection of intellectual property rights. Strengthen the protection of special symbols, official symbols, and Olympic symbols. Strengthen the staffing and capacity building of intellectual property administrative law enforcement and administrative adjudication teams, improve the modernization and intelligence of intellectual property administrative law enforcement equipment, use new technology to smooth the channels for complaints and reports, and improve the efficiency and accuracy of cracking down on infringement and counterfeiting. Regulate the abuse of intellectual property rights in accordance with the law, and constantly improve the relevant systems to prevent the abuse of intellectual property rights. (The Central Propaganda Department, the Ministry of Agriculture and Rural Affairs, the Ministry of Culture and Tourism, the General Administration of Customs, the State Administration for Market Regulation, the State Forestry and Grassland Administration, and the State Intellectual Property Office are responsible according to the division of responsibilities)
(7) Strengthen the coordinated protection of intellectual property rights.
Improve the diversified settlement mechanism for intellectual property disputes. Cultivate and develop intellectual property mediation organizations, arbitration institutions, and notarization institutions. Encourage industry associations and chambers of commerce to establish self-discipline and information communication mechanisms for intellectual property protection. Establish and improve the selection, training, management, and incentive systems for intellectual property mediation, arbitration, notarization, and social supervision. Promote the improvement of mechanisms such as the acceptance and handling of intellectual property dispute complaints, the connection between litigation and mediation, the connection between mediation and arbitration, and the connection between administrative law enforcement and mediation and arbitration. Explore the social co-governance model of rights protection assistance, and encourage colleges and universities, social organizations, etc. to carry out rights protection assistance work. Establish and improve the inspection and appraisal work system for intellectual property infringement disputes, strengthen the professionalization and standardization of intellectual property appraisal institutions, and promote the establishment of intellectual property appraisal technical standards. Establish a diversified handling mechanism for intellectual property disputes in the field of national defense. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department, the Supreme People's Court, the Ministry of Justice, the State Administration of Science, Technology and Industry for National Defense, the Equipment Development Department of the Central Military Commission, and the China Council for the Promotion of International Trade are responsible according to the division of responsibilities)
Strengthen the construction of credit system in the field of intellectual property. Promote the establishment of a credit-based hierarchical and classified supervision model in the field of intellectual property rights, and actively support local governments to carry out pilot work. Develop a basic catalog of credit information covering patents, trademarks, copyrights, and other fields. Promote the establishment of a credit commitment system in the field of intellectual property. Standardize the standards and procedures for identifying the list of seriously untrustworthy entities in the field of intellectual property, and implement punishments for seriously untrustworthy entities in accordance with laws and regulations. Promote the establishment of an intellectual property credit restoration system. Promote data sharing between the National Intellectual Property Credit Information Sharing Platform and the National Credit Information Sharing Platform. (Central Propaganda Department, National Development and Reform Commission, Ministry of Agriculture and Rural Affairs, People's Bank of China, State Administration for Market Regulation, State Forestry and Grassland Administration, State Intellectual Property Office, etc. are responsible according to the division of responsibilities)
(8) Strengthen the source protection of intellectual property rights.
Promote high-quality creation of intellectual property rights. Improve high-quality creation support policies, and strengthen the creation and storage of independent intellectual property rights in areas such as artificial intelligence, quantum information, integrated circuits, basic software, life and health, brain science, biological breeding, aerospace technology, and deep-sea and deep-sea exploration. Strengthen the intellectual property management of national science and technology planning projects, and strengthen the intellectual property layout and quality management of key project scientific and technological achievements in all aspects of project establishment and organization and implementation. Optimize incentive policies and assessment mechanisms such as patent funding and rewards, and highlight high-quality development orientation. Improve the intangible asset evaluation system and form a management mechanism that coordinates incentives and supervision. (The Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Finance, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Improve the quality and efficiency of intellectual property examination. Improve the intellectual property review management system that meets the needs of innovation and development, and optimize the patent and trademark review cooperation mechanism. Improve the capabilities of patent and trademark examination institutions, strengthen the quality control of the entire process of examination of patents, trademarks, copyrights, geographical indications, and new plant varieties, and improve the quality of intellectual property rights authorization and confirmation. Improve the refined management level of patent and trademark examination business, optimize the allocation of examination resources, strengthen the application of intelligent technology, improve examination efficiency, and shorten the examination cycle. Improve the patent and trademark examination model, strengthen the policy coordination and business linkage between examination and industrial development, and meet the diverse needs of society such as green industrial transformation and innovative development of new fields and new formats. (The Central Propaganda Department, the Ministry of Industry and Information Technology, the Ministry of Agriculture and Rural Affairs, the State Forestry and Grassland Administration, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Strengthen the quality supervision of intellectual property application and registration. Improve the quality and value-oriented intellectual property statistical index system, and improve the intellectual property quality statistical monitoring and feedback mechanism. Strictly regulate patent application, trademark registration and copyright registration behavior, severely crack down on abnormal patent application and agency behavior not for the purpose of protecting innovation, and malicious trademark registration and agency behavior not for use, and punish relevant behaviors in accordance with laws and regulations disposal. Strengthen credit supervision and industry self-discipline, and severely crack down on unqualified patent agents and other violations of laws and regulations. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department and the National Bureau of Statistics are responsible according to the division of responsibilities)
4. Improve the effectiveness of intellectual property transfer and transformation, and support the innovation and development of the real economy
(9) Improving the system and mechanism for the transfer and transformation of intellectual property rights.
Promote the reform of the distribution of state-owned intellectual property rights. Strengthen the national strategic scientific and technological strength, deepen the reform of the right to use, dispose of, and benefit from scientific and technological achievements, and carry out pilot projects to grant scientific and technological achievements ownership or long-term use rights to scientific and technological personnel. Universities and scientific research institutes shall be given full autonomy in the disposal of intellectual property rights, and the establishment of a profit distribution mechanism for the conversion of intellectual property rights with equal rights and obligations shall be promoted. Effectively implement the reward and remuneration system for the transformation of intellectual property rights of state-owned enterprises. Improve the decision-making mechanism for the transfer and transformation of intellectual property rights of state-owned enterprises and institutions. (The National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Human Resources and Social Security, the State-owned Assets Supervision and Administration Commission of the State Council, the Chinese Academy of Sciences, the State Administration of Science, Technology and Industry for National Defense, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Optimize the intellectual property operation service system. Promote the construction of intellectual property operation centers in key industrial fields and industrial clusters. Cultivate and develop a comprehensive intellectual property operation service platform, innovate service models, and promote intellectual property transformation. Support universities and scientific research institutes to strengthen the construction of market-oriented intellectual property operation institutions and improve the ability to transform intellectual property rights. Strengthen the construction of a professional talent team for intellectual property operations. Establish and improve the patent open licensing system and operating mechanism. Broaden the supply channels of patented technology, promote the docking of supply and demand of patented technology, and promote the transformation and implementation of patented technology. Guide and standardize intellectual property transactions, improve the management system of intellectual property pledge registration and transfer license filing, and strengthen data collection, analysis, disclosure and utilization. Strengthen the statistical investigation of the transfer and transformation of intellectual property rights. (The Central Propaganda Department, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Finance, the National Bureau of Statistics, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Actively and steadily develop intellectual property finance. Optimize the intellectual property pledge financing system, improve the intellectual property pledge financing risk management mechanism, improve the pledge disposal mechanism, and build an intellectual property pledge information platform. Support banks to innovate internal assessment management models, promote banking financial institutions to make good use of regulatory policies such as separate credit plans and optimize non-performing rate assessments, and expand the scale of intellectual property pledge loans under the premise of controllable risks. Encourage the innovation of financial products such as intellectual property insurance and credit guarantee, and give full play to the role of finance in supporting the transformation of intellectual property rights. Promote intellectual property financial service innovation in free trade pilot zones and free trade ports. Improve the intellectual property value evaluation system, and encourage the development of intelligent intellectual property evaluation tools. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department, the National Development and Reform Commission, the Ministry of Finance, the People's Bank of China, the China Banking and Insurance Regulatory Commission, and the China Securities Regulatory Commission are responsible according to the division of responsibilities)
Promote the coordinated use of industrial intellectual property rights. Promote in-depth intellectual property cooperation between enterprises, universities, and scientific research institutions, and guide the development of order-based research and development and delivery-based innovation. Strengthen the layout and application of patents around the joint research on key core technologies. Guide the establishment of an industrial patent navigation decision-making mechanism, optimize the development model of strategic emerging industries, and enhance the innovation leadership of industrial clusters. Promote the establishment of industrial intellectual property alliances in the fields of digital economy, intelligent manufacturing, life and health, and new materials, and build an industrial patent pool. Promote the coordinated development of technology, patents, and standards, research and formulate standards-essential patent licensing guidelines, and guide innovation entities to transform independent intellectual property rights into technical standards. Improve the working mechanism for the two-way transformation of intellectual property between the military and the civilian population. (The Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the State Administration for Market Regulation, the Chinese Academy of Sciences, the State Administration of Science, Technology and Industry for National Defense, the State Intellectual Property Office, and the Equipment Development Department of the Central Military Commission are responsible according to the division of responsibilities)
(10) Improving the efficiency of intellectual property transfer and transformation.
Improve the efficiency of intellectual property management of innovation entities. Promote innovation entities to strengthen the construction of a standardized system for intellectual property management, and promote the implementation of international standards for intellectual property management in the innovation process. Promote central enterprises to establish and improve the intellectual property work system, and create a group of strong intellectual property enterprises with international competitive advantages. Deepen the implementation of the intellectual property strategy promotion project for small and medium-sized enterprises. Carry out the cultivation and construction of intellectual property advantages of enterprises, universities, and scientific research institutes in different levels and categories. Guide innovation subjects to establish and improve intellectual property asset management systems, and promote enterprises to do a good job in the disclosure of intellectual property accounting information. Establish and improve the declaration system and supervision mechanism for intellectual property rights formed by financially funded scientific research projects. (The Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Finance, the State-owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the State Administration for Market Regulation, the Chinese Academy of Sciences, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Promote the integration of intellectual property rights into industrial innovation and development. Cultivate patent-intensive industries, explore the identification of patent-intensive products, guide local governments to formulate patent-intensive industry cultivation catalogs, improve the value-added accounting and release mechanism of patent-intensive industries, and strengthen the monitoring and evaluation of patent-intensive industry cultivation. Implement the trademark brand strategy, strengthen the protection of well-known trademarks, and enhance the international influence of brands. Implement copyright innovation and development projects, create copyright industry clusters, and strengthen technical support for copyright development. Promote the establishment of a statistical system for the output value of geographical indication products at the local level, improve the mechanism for linking the interests of the development of the geographical indication industry, give play to the leading role of leading enterprises, and attract more market players to participate in the integrated development of the geographical indication industry. Improve the statistics and monitoring of green intellectual property rights, promote the industrialization of green patented technologies, and support the green transformation of industries. (The Central Propaganda Department, the Ministry of Agriculture and Rural Affairs, the State Administration for Market Regulation, the National Bureau of Statistics, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Help the coordinated development of regional economy. Optimize the central-local cooperation and consultation mechanism, continue to promote the construction of a strong province and city with intellectual property rights, carry out in-depth pilot demonstrations for the construction of a strong intellectual property country for provinces, cities, counties and parks, and explore the intellectual property operation mechanism that supports innovation and development. Strengthen inter-regional cooperation and mutual assistance, and promote the common development of intellectual property work in the eastern, central, western and northeastern regions. Encourage localities to explore and build an intellectual property policy system that meets the needs of regional development. Promote the agglomeration and development of the high-end intellectual property service industry in Beijing, Tianjin and Hebei. Strengthen the protection of intellectual property rights in the Yangtze River Delta region. Promote the Guangdong-Hong Kong-Macao Greater Bay Area to build a highland for international cooperation in intellectual property. Promote the establishment of an intellectual property financial ecological zone in the Chengdu-Chongqing economic circle. Support Shenzhen in building a pioneering demonstration zone of socialism with Chinese characteristics, and build a benchmark city for intellectual property protection. Support Hong Kong in building a regional intellectual property trading center. Strengthen the use of agricultural intellectual property rights to help rural revitalization. (The State Intellectual Property Office takes the lead, and the National Development and Reform Commission, the Ministry of Agriculture and Rural Affairs, the People's Bank of China, and the State Forestry and Grassland Administration are responsible according to the division of responsibilities)
5. Build a convenient and beneficial intellectual property service system to promote innovations to better benefit the people
(11) Improving the public service capacity of intellectual property rights.
Accelerate the construction of new intellectual property infrastructure. Relying on the national integrated big data center system, improve the national intellectual property big data center and public service platform, and improve the intellectual level of intellectual property public services. Promote the construction of local intellectual property public service platforms and special databases, give priority to supporting the construction of intellectual property public service platforms in strategic emerging industrial clusters, promote the interconnection of intellectual property public service platforms with industries and industry information service platforms, and improve the accessibility of intellectual property public services sex and universality. Strengthen the construction of intellectual property network security, improve the comprehensive network security prevention and control system, and continue to enhance the comprehensive network security guarantee capability. (The State Intellectual Property Office takes the lead, and the Central Cyberspace Administration of China, the National Development and Reform Commission, and the Ministry of Finance are responsible according to the division of responsibilities)
Improve the intellectual property public service system. Improve the intellectual property public service network, and improve the public service support innovation working mechanism. Promote the hierarchical and classified construction of public service backbone nodes, achieve full coverage of provincial-level public service agencies, strive to reach 50% coverage of prefectural-level public service agencies, and encourage qualified counties (cities, districts) to establish comprehensive public service agencies. Support the development of intellectual property public service cooperation across administrative regions. Optimize the layout of intellectual property public service outlets, and enhance the intellectual property information public service capabilities of universities, scientific research institutions, science and technology associations, public libraries, science and technology information agencies, and productivity promotion agencies in industrial parks. Focus on supporting the orderly development of technology and innovation support centers, national intellectual property information service centers for colleges and universities, and national intellectual property information public service outlets. (The State Intellectual Property Office takes the lead, and the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Culture and Tourism, the Chinese Academy of Sciences, and the China Association for Science and Technology are responsible according to the division of responsibilities)
Improve the supply level of intellectual property public services. Strengthen the formulation of intellectual property data standards, improve data quality, maintain data security, and improve intellectual property basic data resource management and service specifications. Strengthen the dissemination and utilization of intellectual property information, increase the opening of intellectual property basic data, and promote the sharing of data resources. Improve the relevant norms for the use of intellectual property information, and carry out research, analysis and release of intellectual property information use. Actively participate in the formulation of international intellectual property data standards and strengthen international intellectual property data exchange. Increase government procurement of services, innovate public service forms, and enrich the supply of public service products. Strengthen the standardization and standardization of intellectual property public services, clarify the matters and scope of intellectual property public services, and establish a list system for intellectual property public services. (The State Intellectual Property Office is responsible)
(12) Promote the healthy development of the intellectual property service industry.
Cultivate and develop intellectual property service industry. Guide intellectual property agency, law, information, consulting, and operational services to professional and high-level development, expand value-added services such as intellectual property investment and financing, insurance, and asset evaluation, and promote the development of new business models and models in the intellectual property service industry. Accelerate the formulation and implementation of basic standards, support standards, product standards, and quality standards for the intellectual property service industry. In-depth implementation of the reform of notification commitments for the examination and approval of practice licenses for patent agencies. Guide international high-level intellectual property service organizations to establish resident representative offices in China in accordance with regulations. Carry out brand value enhancement actions, and cultivate a group of international, market-oriented and professional intellectual property service institutions. Build a national intellectual property service export base. There are 40,000 practicing patent attorneys nationwide. Improve the intellectual property service industry statistics system. Support intellectual property service industry associations to organize public interest agency and rights protection assistance. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department, the Ministry of Justice, the Ministry of Commerce, and the National Bureau of Statistics are responsible according to the division of responsibilities)
Promote the integrated development of intellectual property services and regional industries. Focus on the needs of key areas and key industries, optimize the construction of intellectual property service industry agglomerations, and guide the upstream and downstream of the intellectual property service chain to complement each other's advantages and coordinate the development of multiple formats. Establish a working mechanism for connecting intellectual property services with key industries and major projects, focusing on providing high-end services such as patent navigation. Encourage intellectual property service agencies to provide full-chain, professional intellectual property services for innovation subjects, and support the innovation and development of enterprises and industrial transformation and upgrading. (The State Intellectual Property Office takes the lead, and the Ministry of Industry and Information Technology, etc. are responsible according to the division of responsibilities)
Strengthen the supervision of the intellectual property service industry. Standardize the work procedures of various spot checks and inspections such as plan formulation, list extraction, result announcement, and data archiving, and realize the full coverage of "double random, one open" supervision. Establish a long-term mechanism for the supervision of the intellectual property service industry. Improve cross-departmental and cross-regional collaborative supervision mechanisms. Improve the annual report, the list of abnormal operations, and the list of seriously untrustworthy entities, carry out credit evaluations, and promote the application of evaluation results. Establish a quality monitoring mechanism for the intellectual property service industry, use new technology to quickly and accurately find clues to violations of laws and regulations, and improve regulatory efficiency. Give full play to the role of intellectual property service industry associations, and increase industry self-discipline and punishment. Build an evaluation system for the intellectual property service industry, and disclose the evaluation data of service organizations and practitioners in a timely manner. (The State Intellectual Property Office is responsible)
6. Promote international cooperation in intellectual property rights and serve the development of an open economy
(13) Actively participate in the global governance of intellectual property rights.
Actively participate in the improvement of the international intellectual property rule system. Strengthen cooperation and consultation with the World Intellectual Property Organization, and promote the improvement of intellectual property rights and related international trade, international investment and other international rules and standards. Actively participate in the formulation of international rules on intellectual property rights in areas such as genetic resources, traditional knowledge, folklore, intangible cultural heritage, and broadcasting organizations. Actively research and participate in the formulation of international rules and standards for intellectual property rights in new fields and new formats such as the digital field. (The Central Propaganda Department, the Ministry of Foreign Affairs, the Ministry of Commerce, the Ministry of Culture and Tourism, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Actively promote multilateral and bilateral intellectual property negotiations related to economy and trade. Properly respond to international intellectual property disputes, and strengthen intellectual property cooperation and consultation with major trading partners. Reasonably set intellectual property issues in relevant negotiations. In-depth participation in WTO negotiations on intellectual property rights. Actively promote negotiations on intellectual property issues in free trade agreements with other countries and regions. The study promotes negotiations on geographical indication agreements with more countries and regions. (The Central Propaganda Department, the Ministry of Foreign Affairs, the Ministry of Commerce, and the State Intellectual Property Office are responsible according to the division of responsibilities)
(14) Improve the level of international cooperation in intellectual property rights.
Strengthen the construction of international cooperation mechanisms for intellectual property rights. Consolidate and improve the "Belt and Road" intellectual property cooperation, make full use of the "Belt and Road" intellectual property cooperation platform, and expand the scale and reserve of cooperation projects. Deeply participate in small multilateral intellectual property cooperation among BRICS countries, China, the United States, Europe, Japan, South Korea, China, Japan, and South Korea, and China-ASEAN, strengthen exchanges of policies and business rules with all parties, and support the industry to actively participate in relevant cooperation mechanisms. Improve cross-border judicial cooperation arrangements, and strengthen international cooperation in preventing and combating intellectual property infringement crimes. (The Central Propaganda Department, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Commerce, the General Administration of Customs, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Optimize the international cooperation environment for intellectual property rights. Deepen intellectual property cooperation with international and regional organizations, key countries and regions, and improve the cooperation layout. Strengthen intellectual property training for neighboring and developing countries, and support intellectual property capacity building in developing countries. Strengthen international cooperation in intellectual property rights in key areas such as drug and new coronavirus vaccine research and development. Establish a communication and coordination mechanism for corporate intellectual property affairs with trade partners. (The Central Propaganda Department, the Ministry of Foreign Affairs, the Ministry of Industry and Information Technology, the Ministry of Commerce, the National Health Commission, the State Administration for Market Regulation, the International Development Cooperation Agency, the State Food and Drug Administration, the State Intellectual Property Office, and the China Council for the Promotion of International Trade are responsible according to the division of responsibilities)
(15) Strengthen international cooperation in intellectual property protection.
Facilitate overseas acquisition of intellectual property rights. Strengthen intellectual property examination business cooperation, expand the "patent examination highway" international cooperation network, and focus on promoting relevant countries to share the examination results of patents and new plant varieties. Guide innovation subjects to rationally use channels such as the World Intellectual Property Organization's global service system to improve the efficiency of overseas intellectual property layout. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department, the Ministry of Agriculture and Rural Affairs, and the State Forestry and Grassland Administration are responsible according to the division of responsibilities)
Strengthen overseas intellectual property protection assistance. Establish an international intellectual property risk early warning and emergency response mechanism, and build a foreign-related intellectual property risk prevention and control system. Establish an international trend tracking research base, and strengthen research on key frontier issues such as trade secret protection and Internet companies going global. Improve overseas intellectual property information service capabilities, and establish and improve the working mechanism of intellectual property service stations for foreign exhibitions. Encourage insurance institutions to carry out overseas intellectual property infringement insurance business. Actively give play to the role of trade and investment promotion agencies, and continuously strengthen the overseas service guarantee of intellectual property rights. (Central Propaganda Department, Ministry of Commerce, State Administration for Market Regulation, China Banking and Insurance Regulatory Commission, State Intellectual Property Office, China Council for the Promotion of International Trade, etc. shall be responsible according to the division of responsibilities)
7. Promoting the construction of intellectual property talents and culture, and laying a solid foundation for career development
(16) Strengthen the construction of intellectual property talent teams.
Optimize the development environment for intellectual property talents. Promote the construction of intellectual property disciplines, support independent review units for degree authorization to set up first-level disciplines of intellectual property according to procedures, support relevant units to set up second-level disciplines of intellectual property according to procedures, and research and set up professional master's degrees in intellectual property. Promote the upgrading and digital transformation of intellectual property-related majors, and develop a number of high-quality intellectual property courses. Encourage and support qualified science and engineering colleges and universities to offer intellectual property related majors and courses. Establish a number of national intellectual property talent training bases. Do a good job in the implementation of the reform of the intellectual property title system, and improve the intellectual property talent evaluation system. (The Ministry of Education, the Ministry of Human Resources and Social Security, and the State Intellectual Property Office are responsible according to the division of responsibilities)
Improve the ability level of intellectual property talents. Improve the classified training system for intellectual property talents, and improve the talent protection mechanism. Strengthen theoretical research on intellectual property rights, improve the management mechanism for intellectual property research, strengthen the construction of think tanks, and encourage local governments to carry out policy research. Strengthen the cultivation of intellectual property administrative management, administrative law enforcement, and administrative adjudication personnel, and continue to carry out rotation training at different levels and regions. Strengthen the cultivation of intellectual property talents in enterprises and institutions, and build a joint training base for theory and practice. Establish a talent training system for the intellectual property service industry to improve the professional capabilities of service industry personnel. Vigorously cultivate intellectual property international talents. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department and the State Administration for Market Regulation are responsible according to the division of responsibilities)
(17) Strengthen the construction of intellectual property culture.
Construct a pattern of intellectual property publicity. Focusing on the construction of a powerful intellectual property country, coordinate traditional media and emerging media, make good use of integrated media, and improve the intellectual property news release system. Establish and improve a large matrix of intellectual property communication that promotes the mutual promotion of government activities, media reports, academic articles, and international cultural exchanges. Continue to do a good job in brand promotion activities such as the National Intellectual Property Publicity Week and the China Intellectual Property Annual Conference. Tell the story of China's intellectual property well, and show the image of a civilized and responsible country. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department, the Central Cyberspace Administration of China, and the State Administration of Radio, Film and Television are responsible according to the division of responsibilities)
Deeply plant the cultural concept of intellectual property rights. Enhance the awareness of respecting and protecting intellectual property rights in the whole society, and promote the deep integration of intellectual property culture with rule of law culture, traditional culture, innovation culture, and integrity culture. Vigorously promote typical enterprises that are determined to innovate and operate with integrity, and guide enterprises to consciously fulfill their social responsibilities of respecting and protecting intellectual property rights. Carry out intellectual property cultural activities that benefit the people that are close to the times, the people, and their lives. Strengthen the construction of intellectual property cultural infrastructure. Explore the establishment of an "Internet +" intellectual property protection cloud museum. Increase investment in the construction of intellectual property culture in the central and western regions. Carry out theoretical and academic research on the construction of intellectual property culture, and use culture as a medium to enhance cultural soft power. (The State Intellectual Property Office takes the lead, and the Central Propaganda Department, the Ministry of Justice, and the Ministry of Culture and Tourism are responsible according to the division of responsibilities)
8. Implementation Guarantee
(18) Strengthen organizational leadership.
Adhere to the party's overall leadership over intellectual property work, give full play to the role of the State Council's inter-ministerial joint conference on intellectual property strategy implementation, improve the working mechanism, form a working force, and ensure that the decisions and deployments of the Party Central Committee and the State Council on intellectual property work are implemented. All regions and relevant departments should strengthen their sense of responsibility, closely coordinate and cooperate, further clarify the key points of work in light of the actual situation, and implement the various tasks and measures deployed in this plan. The State Intellectual Property Office should strengthen organization and coordination, clarify the division of responsibilities, specify goals and tasks, strengthen publicity and interpretation, formulate annual promotion plans, and ensure the orderly progress of the plans. Relevant social organizations and industry associations should actively participate in the implementation of the plan, take the initiative and play a role. (The State Intellectual Property Office takes the lead, and relevant departments and local people's governments at all levels are responsible according to the division of responsibilities)
(19) Encourage exploration and innovation.
All localities should carry forward the pioneering spirit at the grassroots level, take the initiative to act and innovate ideas in response to the pain points and difficulties in the implementation of the plan, actively explore and accumulate practical, effective, scientific and precise specific measures, and constantly enrich and improve relevant policies and measures. All relevant departments should create a favorable environment and support qualified regions to try first. (Local people's governments at various levels and relevant departments are responsible according to the division of responsibilities)
(20) Increase investment.
Improve the multi-channel investment mechanism, promote the implementation of planned major engineering projects, and promote the effective implementation of plans. Strengthen policy and resource support for intellectual property work. Encourage the active participation of social capital, innovate investment models and mechanisms, and give full play to the decisive role of the market in resource allocation. (Relevant departments and local people's governments at all levels are responsible according to the division of responsibilities)
(21) Pay close attention to the implementation of the work.
The State Intellectual Property Office, together with relevant departments, strengthens the tracking and monitoring of the implementation of the plan, conducts mid-term evaluation and summary evaluation of the implementation of the plan through third-party evaluations and other forms, summarizes and promotes typical experience and practices, discovers problems in the implementation of the plan, and studies solutions. Strengthen supervision and inspection to ensure the implementation of tasks, and report important situations to the State Council in a timely manner. (The State Intellectual Property Office takes the lead, and relevant departments are responsible according to the division of responsibilities)