Notice of the State Intellectual Property Office on Issuing the Annual Work Guidelines for Promoting High-Quality Development of Intellectual Property Rights (2019)
Annual Work Guidance on Promoting High-Quality Development of Intellectual Property Rights (2019)
The 19th National Congress of the Communist Party of China (CPC) proposed that China's economy has shifted from a high-speed growth stage to a high-quality development stage. Entering a new era, at an important historical juncture in China's transition from an intellectual property powerhouse to a strong intellectual property nation, promoting high-quality development of intellectual property rights is our primary task. To fully implement the Party Central Committee and the State Council's decisions and deployments on promoting high-quality development, further improve intellectual property work in 2019, and resolutely shift the focus of development to quality, this guidance is specially formulated.
I. Overall Requirements
(1) Guiding Ideology. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implementing the spirit of the 19th National Congress of the CPC and the second and third plenary sessions of the 19th CPC Central Committee, closely focusing on the overall layout of comprehensively promoting the "five-in-one" overall layout and the strategic layout of comprehensively advancing the "four comprehensives," deeply implementing General Secretary Xi Jinping's important expositions on intellectual property work, in accordance with the decisions and deployments of the Party Central Committee and the State Council, adhering to the guidance of the new development philosophy, adhering to the general tone of seeking progress while maintaining stability, focusing on the main line of high-quality development, adhering to the priority of quality and efficiency, deepening "delegation, regulation, and service" reforms in the field of intellectual property, comprehensively improving the quality of intellectual property creation, protection effectiveness, utilization efficiency, management level, service capacity, and international influence, and promoting the innovative development of the intellectual property cause at a new historical starting point.
(2) Basic Principles
Adhere to coordinated advancement, consolidate the work pattern of joint efforts between central, provincial, and municipal governments, and combining points, lines, and surfaces. Accurately grasp the connotation of high-quality development of intellectual property rights, adhere to alignment with the Outline of the Intellectual Property Powerhouse Strategy, strengthen vertical and horizontal coordination and business integration, clarify the overall thinking, implementation path, and work mechanism for promoting high-quality development of intellectual property rights, set quantifiable and assessable goals and tasks, systematically build an indicator system, policy system, statistical system, and assessment system for promoting high-quality development of intellectual property rights, and provide guidance for promoting high-quality development of intellectual property rights.
Adhere to a problem-oriented approach, and break through bottlenecks hindering the high-quality development of intellectual property rights. Focusing on prominent issues such as the contradiction between the quantity and quality of intellectual property rights, the heavy task of improving the quality and efficiency of examination, the urgent need to strengthen the construction of the protection system, and the need to improve the application capacity and public service level, according to the new management system and operation mechanism, promote innovation in work ideas and models to ensure that reforms are implemented in place. Comprehensively strengthen intellectual property protection, improve the punitive compensation system for intellectual property infringement, promote invention and creation and transformation and application, and transform the vitality released by institutional and mechanism reforms into the driving force for promoting high-quality development of intellectual property rights.
Adhere to adapting measures to local conditions and setting differentiated development paths. Proceeding from reality, combining the types of pilot projects for leading, supporting, and characteristic intellectual property powerhouse provinces, and the actual situations of various regions in terms of innovation capacity and socio-economic development level, set differentiated development tasks, work priorities, and evaluation systems, promote high-level development, systematically plan, actively explore reforms and innovations in the field of intellectual property rights, reasonably plan development paths, guide local areas to refine and implement specific tasks in their regions, clarify timelines and roadmaps, and create a number of influential and driving models for high-quality development of intellectual property rights.
(3) Main Objectives
By the end of 2019, the quality of intellectual property creation, protection effectiveness, utilization efficiency, management level, service capacity, and international influence will be further enhanced, and a preliminary framework for an indicator system, policy system, and statistical system suitable for the high-quality development of intellectual property rights will be established.
——Intellectual Property Creation. Vigorously cultivate high-value core patents and well-known brands, forming approximately 300 high-value patent portfolios supporting industrial development and international competitiveness. Further improve the quality and efficiency of examination, reducing the examination cycle for high-value patents by more than 15% on the basis of a 10% reduction in 2018, and compressing the trademark registration examination cycle to within 5 months. Complete the reduction of more than 100,000 backlog cases of invention patent examinations, and comprehensively curb abnormal patent applications, trademark hoarding, and malicious registration behaviors.
——Intellectual Property Utilization. The newly added investment in key industry intellectual property operation funds will increase by more than 50%, the amount of intellectual property insurance coverage will increase by more than 20%, and the amount of patent and trademark pledge financing will strive to increase by no less than 10%, exceeding 135 billion yuan. Cultivate 40 professional intellectual property operation service institutions, and increase the operating income of the intellectual property service industry by 20%. Continuously promote trademark and brand building, and establish several new trademark and brand innovation and entrepreneurship bases.
——Intellectual Property Protection. Comprehensively strengthen intellectual property protection, further improve the operation mechanism and work platform of the intellectual property protection system, continuously improve the administrative law enforcement capacity for patents and trademarks, further improve the level of geographical indication protection, and achieve significant results in "Internet +" intellectual property protection. Reasonably plan the construction of intellectual property protection centers, and improve the quality of patent pre-examination services. Continuously improve intellectual property protection satisfaction.
II. Clarifying the Indicator System for Promoting High-Quality Development of Intellectual Property Rights
(1) Forming Core Indicators for Promoting High-Quality Development of Intellectual Property Rights. In accordance with the requirements of prioritizing quality and efficiency, and following the principle of "less but refined," conduct special research, compare relevant international indicators and evaluations, and form several core intellectual property indicators that characterize high-quality development. Expedite research on intellectual property indicators to be included in the national "14th Five-Year Plan" economic and social development key indicators. Establish and improve an indicator system for promoting high-quality development of intellectual property rights, and ensure coordination with the indicator system of the Intellectual Property Powerhouse Outline. (Strategic Planning Department is responsible)
(2) Establishing a Comprehensive Evaluation Indicator System for Intellectual Property Utilization. Focusing on promoting industrial development, conduct research on a comprehensive evaluation indicator system for intellectual property utilization, and strengthen data quantification extraction and correlation sharing. Fully utilize information technology to conduct proactive monitoring, real-time analysis, and dynamic calculation of relevant data indicators for intellectual property utilization, comprehensively and timely reflecting the comprehensive benefits of promoting intellectual property utilization. (Application Promotion Department is responsible)
(3) Constructing Regionally Differentiated Indicator Systems. Based on their regional development positioning, tasks, requirements, and work priorities, various regions will set differentiated intellectual property indicators, and timely improve relevant intellectual property indicators in the medium- and long-term plans and annual plans for their regional economic and social development. Actively cooperate in data collection, statistical compilation, and analysis and prediction related to the high-quality development of intellectual property rights. (Various local intellectual property offices are responsible)
III. Improving the Policy System for Promoting High-Quality Development of Intellectual Property Rights
(4) Strengthening Strategic Planning and Top-Level Design for Intellectual Property Rights. Formulate an Intellectual Property Powerhouse Strategy Outline oriented towards 2035. (Joint Office is responsible) Conduct preliminary research on the compilation of the "14th Five-Year Plan" for intellectual property rights and reserve key projects for the "14th Five-Year Plan" period. (Strategic Planning Department is responsible) Accelerate the construction of strong provincial and municipal intellectual property rights, strengthen the dynamic management of strong provincial intellectual property rights, encourage provinces with conditions to actively apply for pilot projects for strong provincial construction, and strengthen the creation, evaluation, process supervision, and performance evaluation of strong municipal intellectual property rights. Improve the intellectual property cooperation consultation mechanism, and strengthen the supervision and implementation of policy implementation, project layout, and funding support. Continuously deepen pilot demonstration work in cities and counties, strengthen the construction of public service teams for intellectual property rights, and improve the management and service support capabilities of intellectual property rights. Replicate and promote a batch of pilot experiences in the construction of strong provincial and municipal intellectual property rights nationwide. (Application Promotion Department is responsible)
(5) Strengthen macro-management and policy research on intellectual property rights. Focusing on the overall goal of building a strong intellectual property nation, we will strengthen the analysis and judgment of emerging, trending, and potential problems in the intellectual property field each year, and improve the policy system to promote high-quality development of intellectual property rights. Strengthen macro-management of intellectual property rights, maintain the stability of intellectual property policies, the pertinence of regulation, and the consistency of standards, preventing drastic fluctuations. Strengthen macro-policy research on intellectual property rights, and establish and improve policy pre-research and reserve mechanisms. Increase the promotion and application of research results on intellectual property policies, and strengthen policy guidance for localities to improve the quality of intellectual property creation, the effectiveness of its use, the strength of protection, and service capabilities. (Office responsible) Strengthen research on basic legal systems for intellectual property rights and the protection of intellectual property rights for innovative achievements in new fields and new industries. (Legislative Affairs Office responsible) Research the construction of an integrated public service system for intellectual property rights, coordinate the management of intellectual property information resources, formulate standards and management rules for the collection and processing of basic intellectual property information, integrate basic data on trademarks, patents, geographical indications, and integrated circuit layout designs, and increase the sharing of intellectual property data among various localities. (Public Service Office responsible) Promote the improvement of the intellectual property professional title system and strengthen the training of various intellectual property talents. (Personnel Office responsible) Strengthen the tracking and analysis of the latest developments in the international intellectual property field, actively participate in global intellectual property governance and rule-making under multilateral frameworks, and continue to promote the early convening of the diplomatic conference on the Treaty on the Law of Designs. (International Cooperation Office responsible)
(6) Improve the intellectual property protection policy system. Improve laws and regulations, cooperate in the revision of the Patent Law, establish a punitive damages system, and significantly increase the cost of infringement and violations. Launch preparations for a new round of revisions to the Trademark Law. Strengthen source protection and improve the quality and efficiency of intellectual property examination. (Legislative Affairs Office responsible) Research and issue policy documents to strengthen intellectual property protection, and comprehensively promote strict, extensive, rapid, and equal protection of intellectual property rights. Scientifically plan the layout of intellectual property protection centers, carry out one-stop integrated services combining rapid examination, rapid confirmation of rights, rapid rights protection, and patent early warning, providing strong support for enterprise technological innovation and the development of clustered industries. Promote the in-depth implementation of "Internet +" intellectual property protection. Improve the protection system for geographical indications, special marks, and official marks, implement geographical indication protection projects, and carry out the construction of national geographical indication product protection demonstration areas. Strengthen the protection of key geographical indication products with obvious geographical characteristics, distinctive humanistic characteristics, and outstanding quality characteristics. Strengthen law enforcement guidance, organize special operations in key areas, and actively promote cross-departmental and cross-regional law enforcement cooperation. Strictly regulate credit in the field of intellectual property rights, and promote the construction of an intellectual property credit system. Strengthen the construction of a mechanism for responding to foreign-related intellectual property disputes. (Protection Office responsible)
(7) Improve the policy system for promoting the use of intellectual property rights. Solidly carry out the construction and layout of various intellectual property operation platforms, and continue to support key cities in building intellectual property operation service systems. Carry out high-value patent evaluation and cultivation work. Expand the scope of intellectual property financial services, promote the mixed collateralization of patents and trademarks, encourage the development of comprehensive intellectual property insurance products, and accelerate the promotion of intellectual property securitization pilot programs. Promote the construction of strong enterprises in intellectual property rights, and implement policies and measures to serve the innovative development of private enterprises in intellectual property rights. Research and promote the development of intellectual property-intensive industries. Carry out the selection of the China Patent Award, giving full play to its role in quality guidance and demonstration. Implement a geographical indication application promotion project, use geographical indications for targeted poverty alleviation, summarize and promote the experience of "trademark enrichment of farmers," and vigorously promote the "company + trademark brand (geographical indication) + farmer" industrialization operation model. Comprehensively promote patent navigation, intellectual property regional layout, and analysis and evaluation work. Strengthen the development and supervision of the intellectual property service industry. (Application Promotion Office responsible)
IV. Forming a Statistical System to Promote High-Quality Development of Intellectual Property Rights
(8) Improve the working mechanism for intellectual property statistics. Deepen the national patent survey. Promote the formulation and implementation of national standards for the classification of intellectual property (patent)-intensive industries, the calculation and release of industrial added value, and improve the industrial statistical monitoring system. Regularly conduct statistical work on patent quality improvement. Continue to conduct statistical evaluation of major patent indicators such as the number of invention patents per 10,000 people. Improve the intellectual property statistical reporting system. Deepen the statistical analysis of intellectual property usage fees. Strengthen the statistical monitoring of patent activities and economic benefits of large-scale industrial enterprises. Increase the collection and collation of relevant international data, and strengthen international comparisons of statistical data. Establish a mechanism for the distribution and sharing of intellectual property statistical data to further meet the needs of local intellectual property data. (Strategic Planning Office responsible)
(9) Improve the quality of intellectual property statistical data. All localities should establish and improve a unified management and division of responsibility system for intellectual property statistics, clarify the responsible office for comprehensive intellectual property statistics, coordinate and implement major intellectual property statistical survey tasks, and standardize the release of intellectual property statistical information. Make full use of administrative records and relevant monitoring and management systems to collect intellectual property statistical information, avoiding duplicate statistics. Actively explore key surveys and sample surveys to obtain intellectual property data. In the implementation of intellectual property statistical surveys, it is necessary to ensure that data is well-sourced, strictly reviewed, and to take effective measures to address issues such as underreporting, omission, and falsification. (Strategic Planning Office responsible)
V. Work Requirements
(1) Strengthen Party leadership. All departments and local intellectual property offices should, from a global and strategic perspective, deeply understand the significance of promoting the high-quality development of intellectual property rights, integrate Party leadership into the entire process of high-quality development of intellectual property rights, earnestly implement General Secretary Xi Jinping's important exposition on the "two most important" aspects of intellectual property rights, earnestly implement the decisions and deployments of the Party Central Committee and the State Council, and continuously improve ideological awareness and action awareness in promoting high-quality development.
(2) Strengthen overall coordination. In accordance with the new management system and operating mechanism, strengthen the overall planning, work coordination, and resource integration of policies and measures to promote the high-quality development of intellectual property rights, establish a working mechanism, and strengthen supervision and inspection. Set up special topics in the performance appraisal of intellectual property power construction, conduct performance evaluations related to promoting the high-quality development of intellectual property rights, and continuously improve the systematic, overall, and synergistic nature of promoting the high-quality development of intellectual property rights.
(3) Implement work responsibilities. Local intellectual property offices should, in accordance with the work guidelines and combining with their development realities, further refine and implement the main direction and specific tasks for promoting the high-quality development of intellectual property rights in their respective regions. Various departments should, in accordance with their respective responsibilities, promptly issue relevant supporting rules and policy measures to ensure that key tasks are implemented and produce results in a timely manner.
(4) Conduct third-party evaluations. Give full play to the role of third-party evaluation agencies, conduct evaluations of the implementation of policies to promote the high-quality development of intellectual property rights, and use the growth in the number of patent and trademark applications and registrations, intellectual property protection, service industry supervision, and adjustments to funding policies as key evaluation points to improve the transparency of policy implementation. Relevant evaluation results will serve as an important basis for relevant policy pilot programs and project support.
(5) Conduct publicity and guidance. Strengthen news publicity and public opinion guidance, promote mutual learning and sharing, and promptly respond to public concerns. Timely summarize the experiences, practices, and achievements of various regions in promoting the high-quality development of intellectual property rights, and form a number of replicable and generalizable experiences to promote nationwide.
