Outline for building an intellectual property power (2021-2035)

2021-09-23

Recently, the CPC Central Committee and the State Council issued the outline for building a strong intellectual property country (2021-2035) and issued a notice requiring all regions and departments to earnestly implement it in combination with reality. The main contents of the outline for building an intellectual property power (2021-2035) are as follows. This outline is formulated to comprehensively promote the construction of a powerful country with intellectual property rights, comprehensively improve the creation, application, protection, management and service level of intellectual property rights, and give full play to the important role of the intellectual property system in the socialist modernization drive. 1、 Strategic background Since the eighteen Party Congress, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping as the core, the development of intellectual property in China has achieved remarkable results, and the system of intellectual property rights and regulations has been gradually improved. The possession of high-value intellectual property rights such as core patents, famous brands, fine copyright, new fine plant varieties, high-quality geographical indications, and high level integrated circuit layout design has increased significantly. The protection of trade secrets has been continuously strengthened, the utilization level of genetic resources, traditional knowledge and folk literature and art has been steadily improved, the effect of intellectual property protection, utilization efficiency and international influence have been significantly improved, the awareness of intellectual property rights in the whole society has been greatly improved, a number of market players with strong intellectual property competitiveness have emerged, and a road of intellectual property development with Chinese characteristics has been blazed, We will effectively ensure the realization of the goals of building an innovative country and building a well-off society in an all-round way. In the new development stage, promoting high-quality development is an inevitable requirement for maintaining sustained and healthy economic development. Innovation is the first driving force leading development. Intellectual property rights play a more prominent role as a national strategic resource for development and a core element of international competitiveness. We will implement the strategy of strengthening the country with intellectual property rights, respond to the challenges posed by new technology, new economy and new situation to the reform of the intellectual property system, accelerate the reform and development of intellectual property rights, coordinate the linkage between the government and the market, domestic and international, as well as the quantity and quality, demand and supply of intellectual property rights, comprehensively enhance China's comprehensive strength of intellectual property rights, and vigorously stimulate the innovation vitality of the whole society, Building a world-class intellectual property power with Chinese characteristics is of great significance to enhance the country's core competitiveness, expand high-level opening to the outside world, achieve higher quality, more efficient, fairer, more sustainable and safer development, and meet the people's growing needs for a better life. 2、 General requirements (1) Guiding ideology. Adhering to the general work guideline of Xi Jinping's new era socialism with Chinese characteristics, we should fully implement the spirit of the nineteen and nineteen second, third, fourth and fifth plenary sessions of the party, and focus on promoting the overall layout and coordination of the "five in one" strategy and promoting the overall layout of China's four overall strategies. With deepening the supply side structural reform as the main line, reform and innovation as the fundamental driving force, meeting the people's growing needs for a better life as the fundamental purpose, based on the new development stage, implementing the new development concept, building a new development pattern, and firmly grasping that strengthening intellectual property protection is the most important content of improving the property protection system and the greatest incentive to improve the national economic competitiveness, Open up the whole chain of intellectual property creation, application, protection, management and service, strengthen international cooperation in intellectual property protection, build an intellectual property power with perfect system, strict protection, efficient operation, convenient service, cultural consciousness, openness and win-win results, and provide a solid guarantee for building an innovative country and a socialist modern power. (2) Working principle —— Guarantee by law and strict protection. We will implement the basic strategy of comprehensively ruling the country according to law, strictly protect intellectual property rights according to law, and earnestly safeguard social fairness and justice and the legitimate rights and interests of obligees. —— Driven by reform and led by quality. We will deepen reform in the field of intellectual property, build a more perfect system and mechanism for market-oriented allocation of factors, give better play to the basic guarantee role of the intellectual property system in stimulating innovation, and provide a steady stream of power for high-quality development. —— Focus on key points and make overall coordination. Adhere to strategic guidance and overall planning, highlight key areas and major needs, and promote the in-depth integration and development of intellectual property rights with economy, science and technology, culture, society and other aspects. —— Scientific governance and win-win cooperation. Adhere to the concept of a community with a shared future for mankind, plan and promote intellectual property reform and development from an international perspective, promote the construction of open, inclusive, balanced and inclusive international rules for intellectual property, and make innovation and creation more beneficial to people of all countries. (3) Development objectives By 2025, the construction of a powerful intellectual property country will have achieved remarkable results, intellectual property protection will be more strict, social satisfaction will reach and maintain a high level, the market value of intellectual property will be further highlighted, brand competitiveness will be greatly improved, the added value of patent intensive industries will account for 13% of GDP, and the added value of copyright industries will account for 7.5% of GDP, The annual total import and export of intellectual property royalties reached 350 billion yuan, and the number of high-value invention patents per 10000 people reached 12 (the above indicators are expected). By 2035, China's comprehensive competitiveness of intellectual property will rank among the top in the world, the intellectual property system will be complete, intellectual property will promote innovation and entrepreneurship, the intellectual property culture of the whole society will be basically formed, the international cooperation pattern of all-round and multi-level participation in the global governance of intellectual property will be basically formed, and an intellectual property power with Chinese characteristics and world level will be basically completed. 3、 Building an intellectual property system oriented to socialist modernization (4) Build a legal system with complete categories, strict structure and internal and external coordination. Carry out basic legal research on intellectual property, do a good job in the connection between special laws and regulations, and enhance the applicability and unity of laws and regulations. Timely revise the patent law, trademark law, copyright law and regulations on the protection of new plant varieties according to the actual situation, explore the formulation of special laws and regulations such as geographical indications and design, improve the unified geographical indication protection system in which special protection and trademark protection are coordinated, and improve the regulations on integrated circuit layout design. Formulate, revise and strengthen laws and regulations on the protection of trade secrets, improve the legal system regulating the abuse of intellectual property rights and legislation in the fields of anti-monopoly and anti unfair competition related to intellectual property rights. Revise the law on scientific and technological progress. In combination with the revision and implementation of relevant procedural laws, study and establish a sound legal system of special procedures in line with the law of intellectual property trial. Speed up the legislation of intellectual property rights in new fields and formats such as big data, artificial intelligence and gene technology. To meet the needs of scientific and technological progress and economic and social development, we should timely promote the establishment, reform, abolition and interpretation of intellectual property laws and regulations according to law, timely expand the scope of protected objects, improve protection standards, comprehensively establish and implement a punitive compensation system for infringement, and strengthen damage compensation. (5) Build a management system with unified responsibilities, scientific norms and excellent service. We will continue to optimize the management system and mechanism, strengthen the power of the central government in the macro management of intellectual property protection, regional coordination and overall planning of foreign-related matters, constantly strengthen institutional construction and improve management efficiency. Focusing on the national regional coordinated development strategy, formulate and implement the regional intellectual property strategy, deepen the construction of a strong province and city with intellectual property rights, and promote the coordinated development of regional intellectual property rights. Implement the construction project of first-class patent and trademark examination institutions, establish the patent and trademark examiner system, optimize the patent and trademark examination cooperation mechanism, and improve the examination quality and efficiency. We will build a regulatory system for intellectual property service industry with government supervision, social supervision, industry self-discipline and institutional autonomy. (6) Build a fair and reasonable policy system with scientific evaluation. Adhere to the policy orientation of strict protection, improve the distribution mechanism of intellectual property rights and interests, improve the distribution system oriented by increasing intellectual value, and promote the realization of intellectual property value. Improve the patent and trademark examination policy guided by strengthening protection. We will improve the copyright registration system, network protection and trading rules. We will improve the policy adjustment mechanism for intellectual property examination and registration, and establish a dynamic management mechanism for examination. Establish and improve the review system for the legitimacy of intellectual property policies and fair competition. Establish an intellectual property public policy evaluation mechanism. (7) Build a timely response and reasonable protection of intellectual property rules system in emerging and specific fields. Establish and improve intellectual property protection rules for new technologies, new industries, new formats and new models. Explore and improve the intellectual property protection system in the Internet field. Research and construct data intellectual property protection rules. Improve the open source intellectual property and legal system. Research and improve the intellectual property protection rules of algorithms, business methods and artificial intelligence products. We will strengthen the construction of access and benefit sharing systems for genetic resources, traditional knowledge, folk literature and art, and strengthen the collection, sorting, transformation and utilization of intangible cultural heritage. We will promote the effective connection between the protection of traditional knowledge of traditional Chinese medicine and the modern intellectual property system, further improve the comprehensive protection system of intellectual property rights of traditional Chinese medicine, establish a special examination and protection mechanism for patents of traditional Chinese medicine, and promote the inheritance, innovation and development of traditional Chinese Medicine. 4、 Build an intellectual property protection system that supports a world-class business environment (8) We will improve a fair and efficient judicial protection system with scientific jurisdiction, clear power circles and a complete system. Implement the construction project of high-level intellectual property trial institutions, and strengthen the construction of trial foundation, system and mechanism and smart court. We will improve the organization of intellectual property trial, optimize the layout of trial institutions, improve the appeal trial mechanism, further promote the reform of the "three in one" trial mechanism for intellectual property civil, criminal and administrative cases, and build a trial system with specialized trial, centralized jurisdiction and intensive procedures. Strengthen the professional training and professional selection of intellectual property judges, strengthen the construction of technical investigators, and ensure the quality and efficiency of case trials. Actively promote the construction of cross regional intellectual property remote litigation platform. Unify the judicial standards and legal application of intellectual property rights, and improve the judicial rules. We will intensify criminal crackdown and improve the investigation system of intellectual property crimes. Revise and improve the judicial interpretation related to intellectual property rights, and formulate the standards for filing and prosecuting criminal cases of infringement of intellectual property rights. Strengthen the construction of procuratorial supervision mechanism for intellectual property cases, and strengthen the guidance of sentencing suggestions and protest. (9) We will improve a convenient, efficient, strict, fair, open and transparent administrative protection system. Scientifically allocate and exercise the power of investigation, punishment and coercion of relevant administrative departments according to law. Establish unified and coordinated law enforcement standards, evidence rules and case guidance system. Vigorously improve the professional and professional level of administrative law enforcement personnel, and explore the establishment of the system of administrative protection technical investigators. Build a platform for intellectual property administrative law enforcement and supervision, and improve the modernization and intelligence of law enforcement and supervision. Establish and improve the inspection and appraisal system for intellectual property infringement disputes. Give full play to the role of the administrative adjudication system for patent infringement disputes and strengthen the implementation of administrative adjudication. Explore the judicial confirmation system of administrative mediation agreement for intellectual property disputes applied by the parties. Improve the cross regional and cross departmental law enforcement and protection cooperation mechanism. Establish an investigation mechanism for intellectual property protection in foreign trade and a special mechanism for intellectual property protection in the pilot free trade zone. We will strengthen Customs Protection of intellectual property rights and promote international cooperation in intellectual property law enforcement. (10) We will improve the coordinated protection pattern of unified leadership, smooth connection, speed and efficiency. We will adhere to the centralized and unified leadership of the Party Central Committee, and ensure that the government performs its duties with due diligence, law enforcement departments exercise strict supervision, judicial organs exercise justice impartially, and the market

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