Significant achievements have been made in the implementation of the National Intellectual Property Protection and Utilization Plan for the 14th Five Year Plan period

2024-01-29
1. The main indicators of the Plan are operating well and quality oriented
Table 1 Operation of Main Indicators in the Plan


Note: Data with # represents 2019, data with * represents 2021, and data with ★ represents the end of June 2023.



2、 Comprehensive strengthening of intellectual property protection

Adhere to strengthening protection, strengthen the full chain protection of intellectual property rights, comprehensively enhance protection capabilities, and create a fair competition market environment. The first is the continuous improvement of the intellectual property legal and policy system. The newly revised Patent Law, Copyright Law, Anti Monopoly Law, and Science and Technology Progress Law have been successively implemented. Promote the revision of laws and regulations such as the Anti Unfair Competition Law, Trademark Law and its Implementation Regulations, Patent Law Implementation Rules, Copyright Law Implementation Regulations, Plant New Variety Protection Regulations, National Defense Patent Regulations, etc., and promote the legislation of geographical indications and folk art copyright work. Formulate and issue the "Measures to Strengthen the Work of National Defense Intellectual Property under the New Situation" and the "Interim Measures for the Registration of Military Computer Software Copyright". Develop and issue the Implementation Measures for the Early Resolution Mechanism of Drug Patent Disputes (Trial). Formulate and issue policy documents on the application of punitive damages, the application of the Anti Unfair Competition Law, and other judicial interpretations, as well as strengthening the judicial protection of intellectual property rights in traditional Chinese medicine. Publish and guide the implementation of national standards such as "Management of Intellectual Property Protection on E-commerce Platforms" and "Norms for Intellectual Property Protection in Commodity Trading Markets". Conduct research on intellectual property protection rules for artificial intelligence outputs. Actively promote the reform of the division of financial powers and expenditure responsibilities between the central and local governments in the field of intellectual property. Explore the construction of data intellectual property protection rules and carry out pilot work in 8 locations. Explore rules for the protection and promotion of copyright in folk literature and art, and carry out pilot work in 4 provinces and 8 cities. Actively promote the adaptive revision of the Patent Examination Guidelines, respond to the examination needs of innovative entities in key areas and new technology fields, and further optimize the examination process. Promote the promulgation of the "Regulations on the Supervision and Administration of Trademark Agency", propose targeted governance measures from the entry point of filing, professional norms, regulatory measures, and violation penalties, and promote the healthy development of the industry. We have formulated and released the "Guidelines for Trademark Examination and Adjudication", which for the first time has achieved a unified standard for the entire process of trademark business, optimized the workflow of trademark registration examination, and improved the quality and efficiency of trademark examination and adjudication. Secondly, judicial protection of intellectual property rights is more efficient. The people's court fully utilizes systems such as obstruction of proof and preservation of evidence, reasonably allocates the burden of proof, effectively reduces the cost of rights protection for rights holders, applies the punitive compensation system in accordance with the law, and significantly increases the cost and cost of infringement. The professional trial pattern, led by the intellectual property adjudication department of the Supreme People's Court, with 4 intellectual property courts as models, 27 local intermediate people's courts as the focus, and local people's courts as the support, is further improved. Deepen the separation of complex and simplified cases and the reform of the "three in one" trial mechanism, effectively improving judicial performance. Deepen the comprehensive performance of intellectual property prosecution, all provincial-level procuratorates across the country have established intellectual property prosecution departments to strengthen comprehensive protection. From 2022 to June 2023, a total of over 31000 cases of intellectual property infringement crimes were reviewed and prosecuted, and more than 1800 cases of intellectual property civil and administrative litigation supervision were handled. Formulate and issue the Opinions of the Supreme People's Procuratorate on Strengthening the Intellectual Property Prosecution Work in the New Era and the Guidelines for the Handling of Intellectual Property Cases by the People's Procuratorate. From 2022 to June 2023, the national public security organs have investigated 41000 criminal cases of infringing intellectual property rights and manufacturing and selling fake and inferior commodities, and captured 72000 suspect. The third is stricter administrative protection of intellectual property rights. Since the 14th Five Year Plan, a total of 105000 cases of trademark, patent, and copyright violations have been investigated and handled nationwide, with a total value of 5.1 billion yuan, and 2211 cases of various types of online infringement and piracy have been investigated. Seize 162000 batches and 190 million pieces of suspected import and export infringement goods. Strictly protect special symbols and Olympic symbols for the 100th anniversary of the founding of the Communist Party of China, the 70th anniversary of the founding of the People's Republic of China, and the Beijing Winter Olympics, to escort major activities of the Party and the country. The administrative protection mechanism is continuously improving. As of June 2023, 62 intellectual property protection centers have been established and 55 have been put into operation nationwide. In 2022, the social satisfaction with intellectual property protection in China increased to 81.25 points. Fourthly, the collaborative protection of intellectual property rights is more standardized. The intellectual property management departments at all levels guide the construction of more than 1700 intellectual property dispute mediation organizations, including people's mediation and commercial mediation, and more than 2000 rights protection assistance institutions, promoting 545 intellectual property dispute mediation organizations and 3986 mediators to settle on the people's court mediation platform. The Supreme People's Court and the China National Intellectual Property Administration continued to deepen the implementation of the "head to head" online litigation and mediation docking mechanism, guided the whole process of diversified mediation of intellectual property disputes online, and achieved full coverage of intellectual property mediation organizations in 30 regions of the country. The Supreme People's Court and the Supreme People's Procuratorate jointly issued with the China National Intellectual Property Administration the opinions on strengthening the coordinated protection of intellectual property rights, and the Supreme People's Court, the China National Intellectual Property Administration and other departments jointly issued the opinions on strengthening the connection of intellectual property appraisal work. Relying on the national credit information sharing platform, we will strengthen the construction of the integrity system in the field of intellectual property. The fifth is to achieve effective protection of intellectual property at the source. Significant achievements have been made in improving the quality and efficiency of the examination and approval of the use of patents, trademarks, geographical indication protection products, and special indications. In 2022, the examination cycle for high-value patents has been reduced to 13 months, the examination cycle for invention patents has been reduced to 16.5 months, the accuracy of patent closure has been improved to 93.4%, the user satisfaction index for patent examination quality has been improved to 85.7%, the average examination cycle for trademark registration has remained stable at 4 months, the qualification rate for substantive examination of commercial trademark registration has reached 97.6%, and the number of copyright registrations has steadily increased. In 2022, the number of works registered was 4.517 million, The number of software copyright registrations is 1.835 million. Pilot reforms will be carried out in 20 provinces across the country to approve the use of geographical indication specific symbols, with the fastest approval time shortened to 7 days.



3、 The performance of intellectual property transfer and transformation continues to improve



Adhere to promoting the implementation of intellectual property transformation, promote the transformation of intellectual property into real productive forces, and support the innovative development of the real economy. One is that the policy of intellectual property transfer and transformation is more comprehensive. Deepen the reform of intellectual property rights allocation, carry out pilot work to grant scientific researchers the ownership or long-term use rights of scientific and technological achievements in their positions, and select 40 units in different fields to carry out a three-year pilot project. We have successively issued a series of policy documents to promote the high-quality development of intellectual property rights in higher education institutions, scientific research organizations, and central enterprises, implemented the small and medium-sized enterprise intellectual property strategy promotion project, and promoted the level of intellectual property creation and management capabilities of innovative entities. Publish a series of guidelines on intellectual property clauses in industry university research cooperation agreements, estimation of patent open license usage fees, and signing of patent transfer license contracts. Research and develop patent evaluation guidelines to provide policy guidance and scientific guidance for patent conversion activities. Secondly, the channels for the transfer and transformation of intellectual property rights have become more smooth. Improve the system of intellectual property operation platforms, initiate the identification of the first batch of functional platforms for transactions, finance, etc., support the construction of 35 industrial intellectual property operation centers in key areas, and cultivate a good service ecosystem. We will coordinate the promotion of financial services such as intellectual property pledge financing, insurance, and securitization, vigorously promote the "Xinyi Loan" model, rely on the "Credit China" website, launch the "Intellectual Property Pledge Information Platform", support the construction of enterprise listed intellectual property service stations, and inject capital strength into the transfer and transformation of intellectual property. Multiple departments jointly organize and implement the 1025 Special Patent Navigation Action. Issuing the Implementation Opinions on Promoting the Civilian Transformation of Scientific and Technological Achievements in the National Defense Industry. Thirdly, the benefits of intellectual property transfer and transformation have significantly improved. Establish a patent open licensing system, organize special pilot projects, and promote over 1000 universities, research institutions, and large enterprises to open 21000 patents, accurately matching 61000 small and medium-sized enterprises. Implement a special plan for patent conversion, with a cumulative focus on supporting 20 provinces. The national standard "Requirements for Enterprise Intellectual Property Compliance Management System" has been revised and completed, and the "Notice on Several Measures to Assist the Innovative Development of Specialized, Refined, and New Small and Medium sized Enterprises with Intellectual Property Rights" has been issued. More than 8000 national intellectual property advantage demonstration enterprises have been cultivated, of which more than 70% are small and medium-sized enterprises. Pilot cultivation of industrial enterprise intellectual property application has been carried out, and a total of more than 2800 pilot enterprises have been cultivated. Deepen the construction of copyright demonstration, cultivate a total of 17 national copyright demonstration cities, 304 national copyright demonstration units, and 85 national copyright demonstration parks (bases), and promote the high-quality development of the copyright industry. Select the 2022 China Copyright Gold Award to encourage copyright innovation and creation. In 2022, the national effective invention patent industrialization rate was 36.7%. Fourthly, intellectual property rights have become more effective in promoting coordinated regional economic development. Optimize and upgrade the cooperation and consultation mechanism of the bureau, adhere to the principle of "one province, one policy, and building a strong province", tailor a number of tasks for building a strong province, and jointly issue implementation plans for building a strong province with six cities including Hunan, Shanxi, Jilin, Hainan, Guangdong, and Xinjiang. Support 38 cities, 48 districts and counties, and 64 parks to carry out the first batch of demonstration and creation of building an intellectual property strong country, laying a solid foundation for building a strong country. Signed cooperation framework agreements in the field of intellectual property for the integrated development of business environment in the Beijing Tianjin Hebei region, cooperation agreements on intellectual property administrative protection among the three provinces in the middle reaches of the Yangtze River, and high-quality development alliance agreements for intellectual property in the Yellow River Basin. The 2022 Global Innovation Index Report shows that the "Shenzhen Hong Kong Guangzhou" technology cluster continues to rank second in the world. Organize the implementation of the Geographical Indication Application Promotion Project, carry out the Action of Geographical Indication Assisting Rural Revitalization, focus on strengthening business guidance, project support, and policy support for the promotion of 160 geographical indication applications, and create a batch of geographical indication brand advantage projects. The implementation of the Geographical Indication Agricultural Product Protection Project has resulted in the establishment of 1751 core production bases and characteristic variety breeding bases since the 14th Five Year Plan, driving an increase of approximately 20 billion yuan in income for 5.2 million households.



4、 Accessibility and convenience of intellectual property public services



Significantly enhance the satisfaction and sense of achievement of the public and innovative entities, and promote better benefits of innovative achievements to the people. The first is to improve the public service system for intellectual property rights. A basic intellectual property public service system has been formed, with provincial-level intellectual property public service institutions as nodes and technology and innovation support centers (TISC), national intellectual property information service centers of universities, and national intellectual property information public service outlets as important branches. As of now, there are 348 national level important service outlets. Secondly, the new infrastructure for intellectual property rights is becoming more sound. As of the end of 2022, intellectual property public service platforms have been established in 27 provinces (regions, cities), 15 sub provincial cities, and planned cities across the country, accounting for 91%. The project proposal for the intellectual property protection information platform was completed. In June 2023, the preliminary design scheme and investment estimate for the intellectual property protection information platform were approved by the National Development and Reform Commission. Thirdly, the level of public service supply for intellectual property has significantly improved. By sharing 8 types of intellectual property data and 2 types of electronic license information through the State Council's integrated government service platform, the performance of government services can be effectively improved. 59 types of intellectual property basic data are open, and the basic data of patents, trademarks, geographical indications, and integrated circuit layout design should be open and as open as possible. The fourth is the healthy development of the intellectual property service industry. Formulate and issue the Opinions on Accelerating the High Quality Development of the Intellectual Property Service Industry. To promote the integration and development of intellectual property service industry and regional industries, national intellectual property service industry clusters have been established in 16 parks (or urban areas) including Beijing Zhongguancun Science and Technology Park. Identify 9 intellectual property service export bases, including Jiangning District in Nanjing, and expand the export of intellectual property services. Establish national copyright innovation and development bases in Tianfu New Area and other places in Sichuan. Improve the authorization and trading system for national copyright exhibitions, hold the China International Copyright Expo, participate in hosting the China (Shenzhen) International Cultural Industry Expo and Trade Fair, and guide and support local copyright exhibition work. Distribute the "Regulations on Patent Agency Supervision (Trial)" and improve the "Double Random, One Public" inspection checklist. As of June 2023, over 70000 people nationwide have obtained the qualification of patent agents, with 32000 practicing patent agents. The fifth is to promote the experience of intellectual property innovation nationwide. Issuing the Notice of the State Council on Doing a Good Job in Copying and Promoting the Experience of the Seventh Batch of Reform Pilot Projects in Free Trade Pilot Zones, promoting the priority mechanism for intellectual property dispute mediation in free trade pilot zones, and the experience in intellectual property protection such as "simple cases and quick handling" of intellectual property cases, as well as deepening the reform of intellectual property service industry agglomeration development, innovating intellectual property pledge financing models Experience in the transformation and application of intellectual property rights, such as the new model of patent open licensing, will promote the sharing of benefits from the reform of free trade pilot zones in various regions.



5、 The breadth and depth of international cooperation in intellectual property continue to expand



Adhere to open cooperation, play a more prominent role in the global intellectual property governance system, promote the development of the global intellectual property governance system towards a more just and reasonable direction, and serve the development of an open economy. One is to be more proactive in participating in global governance of intellectual property rights. Actively participating in the improvement of international intellectual property rules, joining the Hague Agreement on International Registration of Industrial Designs, and approving the Marrakesh Treaty. Actively promote the implementation of the intellectual property chapter of the Regional Comprehensive Economic Partnership Agreement (RCEP). Conduct in-depth research on the intellectual property chapter of the Comprehensive and Progressive Trans Pacific Partnership (CPTPP) to prepare for accession to the agreement. Promote the 12th Ministerial Conference of the World Trade Organization (WTO) to reach a decision on intellectual property rights exemption of COVID-19 vaccine. Experts were organized to participate in the World Health Organization (WHO) COVID-19 vaccine technical approval working group to promote the inclusion of Chinese vaccines in the WHO emergency use list or pre certification. Actively promote negotiations on intellectual property chapters in free trade agreements such as China Nicaragua, China Israel, and China GCC. Strengthen bilateral intellectual property exchange and cooperation with major trading partners such as the European Union, Japan, and Russia, based on the mechanism of intellectual property working group meetings related to economic and trade. Promote the implementation of the China Europe Agreement on the Protection and Cooperation of Geographical Indications. Secondly, international cooperation on intellectual property rights is more systematic and comprehensive. The China Europe Geographical Indication Agreement has officially come into effect and achieved mutual recognition and protection of 244 geographical indication products, completing the second batch of 350 product lists for public display. Promote the implementation of the China Europe Customs Intellectual Property Enforcement Action Plan (2021-2024). Hosting the 14th BRICS IPR Directors' Meeting under the framework of BRICS cooperation home diplomacy. Promote the successful release of the Guiding Principles for Intellectual Property Cooperation at the BRICS Economic and Trade Ministers' Meeting. Hosted the annual series of conferences on the cooperation between the Design Bureau 5 of China, the United States, Europe, Japan, and South Korea (ID5) and the Trademark Bureau 5 (TM5), led the formation of a joint statement between ID5 and TM5, and collaborated with the World Intellectual Property Organization to hold an international copyright forum. Thirdly, international cooperation in intellectual property protection is becoming more powerful. Promote the pilot of the Patent Examination Highway (PPH) to facilitate the acquisition of overseas intellectual property rights by innovative entities in China. In 2022, Chinese applicants submitted 70000 international patent applications through the Patent Cooperation Treaty (PCT) channel. Every year, we cooperate with the World Intellectual Property Organization to hold international copyright overseas risk prevention and control training courses. Strengthen the construction of overseas intellectual property information service platforms such as Compass Network and China Intellectual Property Protection Network, and continuously improve the network of overseas intellectual property dispute response guidance centers.


6、 The cultural foundation of intellectual property talents continues to be strengthened



Adhere to improving the comprehensive quality of talents, cultivating cultural concepts, and laying a solid foundation for career development. One is that the foundation of intellectual property talents is more solid. The category of intellectual property professional degrees has been included in the Catalogue of Graduate Education Disciplines (2022), supporting Tongji University's successful addition of the first interdisciplinary doctoral degree program in intellectual property in the country. Support 10 universities to add undergraduate majors in intellectual property, recognize the intellectual property majors of 10 universities as national first-class undergraduate major construction points, and recognize 17 courses related to intellectual property as national first-class courses. From 2021 to 2022, 174 sessions of national intellectual property talent professional ability enhancement training will be carried out in a hierarchical and classified manner. Secondly, the cultural concept of intellectual property rights has become more deeply ingrained in people's hearts. Strengthen communication with mainstream central media, jointly establish intellectual property channels and create intellectual property special issues with China Daily, China Science Network, and others. Successfully held the National Intellectual Property Promotion Week for the 15th consecutive year. Nearly 100000 themed, rich in content, and widely influential promotional activities have been successfully carried out across the country, further promoting the formation of an intellectual property culture atmosphere that respects knowledge, advocates innovation, abides by the law with integrity, and competes fairly in the whole society.



Accelerate the construction of a strong intellectual property country, and support high-quality economic and social development with the high-quality development of intellectual property industry.


Return
Previous：China National Intellectual Property Administration: Reply to the proposal to increase the upper limit of punishment for intellectual property infringement to 20 times Next：Frequently asked questions concerning the rights of the China National Intellectual Property Administration!