In order to fully implement the spirit of President Xi Jingping’s important speech at the 25th group study session of the Political Bureau of the 19th CPC Central Committee, fully implement the decision-making and deployment of the Central and State Council Committee on Strengthening Intellectual Property Protection, implement the “Advice on Strengthening Intellectual Property Protection” with high standards, adhere to strict protection, comprehensive coordination, to key breakthroughs and equal protection, promote the overall improvement of the ability and level of protection, and strongly support the construction of intellectual property power, CNIPA has formulated a promotion plan for the implementation of ” Opinion on strengthening the protection of intellectual property”. The plan was officially released on October 28, 2022.
The plan specifies the timetable for the development and revision of intellectual property laws and regulations in the next stage; stresses the importance of continuously improving examination capacity and proposes specific requirements to shorten the examination period; reinforces the use of newly enacted laws and regulations, judicial interpretations, departmental rules, etc. In practice ; strengthens the fight against the violation of intellectual property rights; includes important steps to deepen the reform of the intellectual property protection system and mechanism; and also develop detailed plans to promote international cooperation and competition in the field of intellectual property rights, safeguard national security in the field of intellectual property rights, and strengthen the supply of resources and organizational guarantees for the protection of Intellectual property.
Here is a summary of the most relevant aspects for practice: Ø Ø Ø
- Study and discuss key issues related to basic IP laws and develop draft basic IP laws (to be completed by the end of December 2025 and continuously promoted thereafter)
- Promote the revision of the Implementregulation of the Patent Law of the People’s Republic of China and the revision of Guidelines for Patent review (to be completed end of December 2022)
- Revise it Measures for the implementation of administrative sanctions in copyright mattersthe Trial measures for voluntary registration of worksthe Measures for registering computer software copyrightand the Internet copyright administrative protection measuresand formulate the Provisional Provisions for the Registration of Copyright in Military Computer Software and relevant provisions on providing works to print disabled people in an accessible way (to be completed by the end of December 2025)
- Formulate the Regulations on the Protection of Copyright in Popular Literature and Artistic Works and promote its enactment (to be completed by the end of December 2025 and continuously promoted thereafter)
- Form a draft revision of the Regulations of the People’s Republic of China on Plant Variety Protection (to be completed end of December 2022)
- Formulate the Traditional Knowledge Protection Regulations of chinese medicine and promote its enactment (to be completed by the end of December 2022 and continuously promoted thereafter)
- Revise it Several provisions on the Rules of Patent application documents (to be completed end of December 2022)
- Promulgate the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Various Issues Regarding Law Enforcement in Handling Intellectual Property Infringement Criminal Cases further clarify standards for enforcement of intellectual property infringement crimes (to be completed by end of December 2023)
- Formulate and promulgate the Opinion of the Supreme People’s Procuratorate on Comprehensive Strengthening of the Work of Intellectual Property Prosecutors in the New Era (completed by the end of June 2022)
- Formulate and issue the Specification for commercial electronic filing services in the notarial industry Version) (to be completed end of December 2023)
- Research and formulate guidance for the administrative enforcement of trademark laws, conduct in-depth research, actively solve the difficult problems of administrative enforcement of trademark laws, further improve the investigation and evidence collection rules and standardize the calculation of illegal turnover (to be completed by the end of December 2023)
- Revise and improve national standards for enterprise intellectual property management standards (to be completed by the end of December 2025)
Ø Promote the revision of the Measures to protect intellectual property rights during exhibitions (to be completed end of December 2023)
Ø Formulate and issue Guidelines for the Protection of Intellectual Property Rights in Cross-Border E-Commerce (to be completed end of December 2022)
Ø Formulate and issue Guidelines for the Protection of Intellectual Property Rights at Exhibitions (to be completed end of December 2022)
Ø Conduct research on design system reform (to be completed end of December 2025)
- Promote the reform of the utility model system and introduce an examination on the obvious lack of inventiveness (to be completed by the end of December 2025)
- Continuously improve patent and trademark examination capacity, reduce the examination period for invention patents to 16.5 months or less, keep the examination period for trademark registration stable at 7 months in normal circumstances and keep stable the average substantive examination period of applications for territorial extension of Madrid at 4 months (to be completed by the end of December 2022 and to be continuously promoted thereafter)
- Compile examination guidelines for the protection of new varieties of agricultural plants, complete the acceptance of more than 7,000 applications for agricultural plant breeders’ rights and the granting of more than 3,000 cases, and shorten the period of 15-day review; establish a management system for the protection of new varieties of forest and herbaceous plants, and promote the intelligentization and reform of facilitating the examination and granting of rights of new varieties of forest and herbaceous plants (to be completed in by the end of December 2022)
- Formulate and publish guidance notices on how to effectively combat counterfeiting and counterfeiting in the new era (to be completed by the end of December 2022)
Ø Promulgate a number of provisions on the jurisdiction of civil and administrative intellectual property cases in the first instance, optimize the jurisdictional distribution of technical cases and further improve the interregional adjudication mechanism for intellectual property cases (to be completed by the end of December 2023 and promote continuously thereafter)
Ø Formulate the Opinion on Strengthening Judicial Protection of Intellectual Property Rights in Chinese Medicine promote the heritage, innovation and development of Chinese medicine (to be completed by the end of December 2022)
Ø Guide the application of Provisions on several matters concerning the application of the law in the trial of civil cases involving patent disputes relating to medicinal products for which applications for registration are filed (to be completed end of December 2023)
- Continuously carry out special actions for the supervision of the intellectual property agency industry to consolidate the high pressure situation of cracking down on the illegal behavior of the agencies; carry out pilot work on the management of credit assessments of intellectual property agencies (to be completed by the end of December 2025)
- Promote the establishment of intellectual property protection centers and establish and improve mechanisms for expediting intellectual property disputes (to be completed by the end of December 2025)
Ø Comprehensively strengthen the information system for rights holders on the rights and obligations in relation to litigation in criminal cases of intellectual property infringement (to be completed by the end of December 2022)
- Establish and improve the system of judicial confirmation of administrative mediation agreements requested by the parties for intellectual property disputes (to be completed by the end of December 2023 and to be continuously promoted thereafter)
Ø Implement the Measures for the implementation of the mechanism for the rapid resolution of pharmaceutical patent disputes (trial Version)and strengthen the construction of a mechanism for the expeditious resolution of pharmaceutical patent disputes (to be completed by the end of December 2023 and continuously promoted thereafter)
- Improve the directory of technical investigators for the administrative protection of intellectual property rights, and guide and promote the establishment of the system of technical investigators in various localities; organize and carry out training on the competence of technical investigators (to be completed by the end of December 2025)
- Implement strict access registration, strengthen supervision and management of forensic appraisal institutions and IP-related appraisers; to study the creation of a center of technical expertise for disputes concerning varieties of agricultural plants; strengthen capacity building for the assessment of intellectual property infringements, and organize and carry out the work of recommending and registering intellectual property assessment institutions; promote pilot inspections and assessments for patent and trademark infringement litigation, formulate a series of national standards for intellectual property assessment standards, and optimize methods for assessing damages for infringement (to be completed by the end of December 2025)
- Promote the construction of national intellectual property protection demonstration zones, select and determine several national intellectual property protection demonstration zones, and create a plateau for intellectual property protection (to be completed by the end of December 2025 )
- Promote the approval of the project and the establishment of the National Center for the Mediation of Copyright Disputes (to be completed by the end of December 2023)
- Carry out national pilot projects for innovation in the protection of trade secrets (to be completed by the end of December 2024)
- Promote the approval of the project and the establishment of the National Agricultural Plant Variety Testing Center (to be completed by the end of December 2023)
- Promote the establishment of the China International Intellectual Property Arbitration Committee (to be completed by the end of December 2025)
- Strengthen the capacity building of overseas IP dispute response guidance center at the state level and its sub-centers, promote the construction of a property dispute response guidance mechanism abroad for key industries and guide companies to actively respond to overseas IP disputes (coming soon). completed by the end of December 2024)
- Organize training on intellectual property for heirs of Chinese intangible cultural heritage (to be completed by the end of December 2022)
http://www.cnipa.gov.cn/art/2022/10/28/art_75_179971.html
