SIPO to strengthen IP protection and guidance for administrative law enforcement

 On the issuance of City Intellectual Property Office:
to thoroughly implement the Party Central Committee and State Council on strengthening the protection of intellectual property enforcement instructions and deployment of the full implementation of the NPC Standing Committee law enforcement inspection of the spirit of the patent law to meet the development needs of the situation to further develop intellectual property protection and administrative law enforcement work in building a harmonious society, development of the socialist market economy and building an innovative country in the role of formulated opinions. the local Intellectual Property Office, in conjunction with local conditions, conscientiously implement, and implement the ideas and recommendations be reported to Council.
hereby notified.
April 2, 2027
on strengthening IPR protection and guidance for administrative law enforcement in order to better play
intellectual property protection and administration law enforcement efforts in building a harmonious society, development of the socialist market economy and building an innovative country in the role, now make the following observations.
one to raise awareness of IPR protection and administrative law enforcement to strengthen awareness of the work
present, China's economy trade in the world economy and international trade in the proportion rising, increasing foreign investment, innovation and gradually increased, the economic structure, import and export structure continues to improve, strengthen IPR protection and administrative law enforcement work, both for the outside world, to create conducive to China international environment of peace and development needs, but also deepen the reform, and promote the healthy development of China's fast economic needs, both united in the country's overall development policy of continuous improvement to meet the people are united in the material and cultural life needs.
In recent years, infringers and counterfeiters using fast, wide dissemination of intellectual property information, the use of modern technology tools to enhance the intellectual property rights infringement manufacturing, the level and rate of diffusion, relying on a law enforcement approach of protection, infringement of intellectual property rights are difficult to resolve , counterfeiting. In the same time improve the judicial protection, administrative protection of intellectual property disputes and in addressing the role of combating IPR violations become more and more.
according to the changing situation, the State Council on strengthening IPR protection and administrative law enforcement made a series of important instructions and deployment of the National People's Congress in the patent law enforcement inspection report, to strengthen the administrative protection of intellectual property rights put forward specific requirements. We should fully recognize the situation and further enhance understanding, thoroughly implement the Party Central Committee and State Council deployment and the requirements of the NPC Standing Committee, and constantly promote the work of IPR protection and administrative law enforcement.
Second, a good grasp of strengthening intellectual property protection and the principle of administrative law enforcement work around
to combine practical, intellectual property protection and effective law enforcement in the grasp and implement the intellectual property protection and administrative law enforcement collaboration. To make use of government office meetings and other related intellectual property coordination mechanism and protection of intellectual property enforcement at the local plan of development, organization and implementation of effective role to play; on the case is complex, affecting a significant intellectual property infringement, counterfeiting, and actively coordinate the resolution. To establish and improve public security, industry and commerce, copyright, customs and other law enforcement departments and judicial organs of the joint mechanism of intellectual property rights, good case to work together to study and solve difficult problems, exchange law enforcement information, learn from each experience to conduct a joint law enforcement training, and continuously push forward cross-sectoral collaboration and exchange of intellectual property enforcement. For the Customs Protection of Intellectual Property necessary to the invention, utility model and design patent infringement found advice to promptly organize a professional views, and actively support the Customs protection of intellectual property rights enforcement. for the public security departments for action to combat intellectual property crimes, according to active duty to meet; the same time, the public security departments to take the initiative to support, and to establish and improve liaison mechanisms to ensure that intellectual property the seriousness of administrative law enforcement and law enforcement personal safety, and actively prevent and resolutely fight against violence against law. to impersonate any person suspected of crimes be handed over to the public security department of patent cases, the transfer of public security departments are within the purview of the department of cases according to the law in a timely manner for processing. to strengthen the enforcement of intellectual property rights of foreign exchange and communication to resolve doubts as soon as possible, enhance mutual trust, promote cooperation, win-win and win.
various IPR violations according to the nature and occurrence, to crack down on IPR violations, and actively protect intellectual property rights, and effectively improve the effectiveness of IPR enforcement. for willful infringement, especially in groups infringement, repeated infringements, intellectual property rights on human behavior fraud, fraud to deceive the State of departments, the behavior of malicious use of the intellectual property system, we must resolutely increase the strength of the responsibility to explore ways to increase its illegal, methods. for infringement disputes, administrative law enforcement should play features, speed up the mediation, for quick fix. on the design patent , utility model patents, because the legal protection of short, shorter market cycles, must be based on existing measures in order to more quickly resolve such intellectual property infringement disputes. to the advantage of key technology areas of industry and invention patent or other intellectual property rights, to protect sooner, subject guide innovation, market players to take early measures to avoid the occurrence of intellectual property disputes; to be the basis of such intellectual property rights violations in foreign markets, protected status, coordinating all , actively protect the legitimate interests of right holders. on the acquisition of intellectual property rights holders, whether it comes from local, foreign, domestic, foreign, must actively protect their legitimate rights and interests according to law.
Third, accelerate the improvement of the working mechanism
State Intellectual Property Office will promote the establishment of IPR aid mechanism, when conditions are ripe organizations Intellectual Property Assistance Center. SIPO will guide the support of relevant countries and regions in the corresponding mechanisms, intellectual property rights to carry out assistance activities. around the can local conditions, and actively explore and promote the establishment of IPR aid mechanism for the establishment of funds to carry out intellectual property assistance.
responsibility to constantly improve IPR enforcement mechanisms. Intellectual Property Office is responsible for the local people in charge in charge of law enforcement person responsible for the enforcement of this Council. responsible person should take the responsibility, guidance, supervision and administration according to law enforcement officers. The local intellectual property offices of the parties according to law shall not refuse the request for mediation, and enforcement procedures to ensure the legality, fairness and the integrity of law enforcement files. To ensure timely completion of arrangements for intellectual property offices at higher levels of law enforcement tasks.
evaluation to accelerate the establishment of incentive mechanisms for IPR enforcement. State Intellectual Property Bureau of the development and implementation of appraisal standards and enforcement of intellectual property rights methods, law enforcement and protection of intellectual property rights organization named the advanced provinces and cities, law enforcement advanced units and individuals, and the advanced units and individuals to give certain incentives. all over the Intellectual Property Office to be included in personal circumstances advanced law enforcement files, as a promotion, promotion is based one.
Intellectual Property Office to continuously improve the system of regional law enforcement cooperation mechanism. with law enforcement functions of the local intellectual property offices of the principal responsible persons in charge of law enforcement responsibility of the person responsible for coordination of law enforcement who work together to ensure the regional and national knowledge regional law enforcement cooperation mechanism Property Office of the normal operation. the local intellectual property offices in the investigation and evidence collection, case transfer, to provide the parties information to law enforcement methods and other aspects of unity, mutual support collaboration, without undue delay. on the need for joint investigation of cases in a timely manner escalation; have a significant impact on local collaboration between the completion of difficult cases, you can report to the National Intellectual Property Bureau of law enforcement coordination; State Intellectual Property Office or involve large areas affecting more cases, you can organize, supervise the local knowledge Property Bureau. interprovincial cooperation cases in the beginning and after the winding process, to the relevant materials to the State Intellectual Property Office.
to further improve the open exchange of information law enforcement and protection mechanism. all provinces, regions and municipalities and law enforcement than weight according to the city's Intellectual Property Office, annual public information on local intellectual property protection, patent enforcement on a monthly basis submit timely and accurate statistical data and case materials enforcement databases.
to pilot through enforcement of intellectual property rights, accelerate the establishment and improvement of intellectual property assistance to law enforcement and protection mechanism, accountability, coordination mechanisms, evaluation mechanisms and incentive mechanisms for open exchange of information, promote the capacity and institution building.
four, vigorously strengthen law enforcement capacity building and institution building
present, at all levels of knowledge Property generally inadequate law enforcement officers, law enforcement agencies, construction is lagging behind, to accelerate the building of IPR law enforcement teams. not established law enforcement and law enforcement offices of the provincial Bureau of the city's Intellectual Property Office heavier tasks, set up to fight as soon as possible; the same time, levels of knowledge Property Office should actively create conditions and to set up and functions suited to the needs of law enforcement inspection team or teams.
Intellectual Property Office should seek local government to increase enforcement of intellectual property support and input. provinces of intellectual property Bureau, the prefecture-level city above the city's Intellectual Property Office, law enforcement should be at least equipped with a special car. IP Office to accelerate the equipment at all levels for evidence collection, evidence preservation, records management equipment to ensure a special place dispute mediation.
To ensure the seriousness of law enforcement and law enforcement during the personal safety of staff, the State Intellectual Property Office unified design for clothing, law enforcement vehicles and places a sign of dispute mediation.
SIPO will establish the local Intellectual Property Office query the state of fast-track patent law to address the local Intellectual Property Office, law enforcement can not quickly obtain the legal status of the patent issues, and promote efficiency in handling cases.
will hold the China State Intellectual Property Forum on IP enforcement, intellectual property seminar law enforcement hot and difficult issues, and promote capacity building of law enforcement of intellectual property rights, and fully demonstrates our government's efforts to strengthen protection of intellectual property enforcement and effectiveness, and promote enforcement of intellectual property hotspot and difficult issues to resolve.
will actively promote the State Intellectual Property Intellectual Property and the work of law enforcement professional quality standards. continue to organize annual compilation of a typical case study and dispute. selection of the diligent, responsible, willing to delve into the backbone of intellectual property rights to participate in various law enforcement training law enforcement, training and study tours.
as grasp the National Intellectual Property Office law enforcement personnel information,UGG shoes, work together to promote intellectual property enforcement capacity building, provinces and autonomous regions Intellectual Property Office shall be issued after the comments submitted to the State Intellectual Property Office Intellectual Property Office, the region responsible law enforcement, law enforcement personnel information, the next year should be submitted to the responsible law enforcement, law enforcement personnel changes in the information updated.
to work together to promote the national experts in law enforcement and protection of intellectual property library building. should be based on the actual situation in various regions, and explore the establishment of law enforcement and protection of intellectual property rights expert advisory committee to promote increased levels of IP enforcement.
To strengthen patent enforcement work together to promote the protection of the formulation of laws, regulations and rules revision. to improve the refinement of the patent administrative enforcement procedures, and study guide to the patent administrative law enforcement investigators. good basis for the work place as soon as possible will help strengthen intellectual property rights to promote collaboration and capacity building of law enforcement of intellectual property protection regulations and other local research and formulation of laws and regulations.
five, the effective supervision of law enforcement special operations and activities of national knowledge
property rights will in the next period of time, according to the annual organization of the local intellectual property offices of law enforcement special operations. the national unity of the Intellectual Property Office to carry out Property of the important speech. provinces and autonomous regions Intellectual Property Office to develop specific programs to actively seek local government support, coordinate the relevant departments and agencies, selected focus area to food, medicine, agriculture and high-tech industries as priority areas to flow , import and export and other sectors as a breakthrough, increasing focus on inspection, open handling of efforts to organize various forms of enforcement action. To steady, solid work, to achieve substantial results, and to create momentum to deter offenders, and enhance consumers, Rights, R & D staff and the confidence of investors in intellectual property protection. To continue to do large-scale exhibition of intellectual property protection, increased action to combat fraud efforts patentee.
local intellectual property offices to do a good job the daily law enforcement work, according to local economic, technological and cultural development of features and outstanding issues in intellectual property protection, co-ordinating major events held in the local options such as time, organization of local characteristics of the special law enforcement actions.
countries Intellectual Property Office will organize the activities of IPR enforcement supervision, the daily supervision of the work of law enforcement and special operations and the various enforcement mechanisms, the establishment of law enforcement capacity and institutional building, and supervision Summary report. of incompetent, irresponsible, and to firm should be exposed and processed.
local intellectual property offices according to the views of the State Intellectual Property Office to develop and to submit measures for implementation in the region to submit relevant materials in a timely manner to questions and suggestions. the State Intellectual Property Office will take the necessary measures, and promote the implementation of this Opinion. the local Intellectual Property Office must be promptly reported to the local government to implement the views and recommendations of the fight for government support and collaboration of all departments concerned to ensure that all work carried out, to achieve tangible results .
2007-04-10