Stimulating Innovation Vitality and Accelerating the Construction of a Strong Intellectual Property Country

Release time:

2022-12-29 11:27

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Intellectual property is a strategic resource for national development and a core element of international competitiveness. The report of the 20th National Congress emphasizes deepening the reform of the science and technology system, deepening the reform of science and technology evaluation, increasing diversified investment in science and technology, strengthening the legal protection of intellectual property rights, and forming a basic system to support comprehensive innovation.

Since the beginning of this year, intellectual property has been more effective in optimizing the business environment, the legal system for intellectual property has been continuously improved, protection efforts have been continuously strengthened, and the "streamlining administration and delegating powers" reform has been continuously deepened. In January, the Office of the Inter Ministerial Joint Conference on the Implementation of the State Council's Intellectual Property Strategy issued the Outline of Building a Strong Intellectual Property Country and the Annual Promotion Plan for the Implementation of the 14th Five Year Plan. In terms of improving the intellectual property system, we will improve intellectual property laws and regulations, reform and improve major intellectual property policies, and improve intellectual property rules in emerging and specific fields. In terms of strengthening intellectual property protection, we will strengthen judicial protection of intellectual property, administrative protection of intellectual property, and the construction of long-term protection mechanisms. In terms of improving the operational mechanism of the intellectual property market, we will improve the quality of intellectual property creation, strengthen the comprehensive application of intellectual property, and promote the market-oriented operation of intellectual property. In terms of improving the level of public services for intellectual property, specific measures have been clarified, including deepening the "streamlining administration and delegating powers" reform in the field of intellectual property, promoting the establishment and construction of information technology projects related to intellectual property, continuing to integrate and optimize various service windows, improving the standardization and equality level of public services for intellectual property, and increasing the openness and sharing of intellectual property data.

At the same time, the implementation of the Guidelines for Trademark Examination and Adjudication and the Standards for Judging General Illegality of Trademarks has standardized the procedures for trademark examination and adjudication, provided a unified judgment standard for acts that violate the order of trademark management, and also provided targeted guidance for trademark law enforcement departments, creating transparent and predictable trademark management rules for market entities.

On June 7, the China National Intellectual Property Administration published the revised Measures for the Administration and Protection of Collective Trademarks and Certification Trademarks (Draft for Comments) and solicited opinions from all sectors of society. This modification positively responded to the public opinion on trademark rights protection of "Tongguan Rougamo", "Xiaoyao Town", "soup with pepper" and other trademarks that had attracted wide attention before.

On June 10, the China National Intellectual Property Administration announced the Notice on Accelerating the Implementation of Intellectual Property Policies to Promote the Steady and Healthy Development of the Economy, proposing to give play to the role of trademarks and geographical indications to guide and promote consumption.

On December 1st, the "Regulations on the Supervision and Administration of Trademark Agency" came into effect, which will further refine the regulations on institutional personnel, management systems, behavioral norms, and other aspects, and improve the overall service quality and development level of the industry from the source. Establish a sound trademark agency filing system, improve the filing procedures, clean up agency agencies that have not engaged in business for a long time and occupy industry resources, and promote the formation of a healthy development pattern in the industry. At the same time, in order to facilitate the registration of agency agencies, it is stipulated that trademark agencies shall not be required to provide duplicate information that can be obtained through the government information sharing platform.

Since this year, "Bing Dwen Dwen", "Dong Yuhui", "World Cup", "Lotus Qingwen", "Avatar" and other trademarks have been rush registered in the form of touch porcelain. The Trademark Office of the China National Intellectual Property Administration has repeatedly issued announcements that it resolutely combats malicious rush registration, rejected many applications for the registration of touch porcelain trademarks in accordance with the Trademark Law, declared invalid the registered unreasonable trademarks ex officio, and clearly conveyed the attitude and determination to seriously deal with applicants who violate the principle of good faith and maliciously rush registered trademarks and seek improper interests in accordance with the law and regulations, as well as their entrusted trademark agencies.

In terms of patents, on October 31, in order to cooperate with the revision of the Patent Law and its implementation rules, the China National Intellectual Property Administration issued the Revised Draft of the Patent Examination Guide (again for comments), seeking comments from all sectors of the society, which indicates that the patent system will protect the technical solutions in the innovation of business models in all sectors of the industry.

In 2022, multi industry giants will begin to expand their business territory through patent channels. Ningde Times has filed multiple infringement lawsuits against China Innovation Aviation, and Huawei has reached multiple global patent cross licensing agreements with industry manufacturers such as OPPO. Strengthening the layout of intellectual property in key industrial areas will help enterprises accelerate product upgrades and prevent intellectual property risks. It will play an important role in independent innovation, technological transformation, mergers and acquisitions, industry or industry standard formulation, and going global, ultimately helping to improve the core competitiveness of China's industries.

In addition, the popularity of the metaverse has sparked people's attention to intellectual property rights in the field of NFT (Non Homogeneous Token). On April 20, the first NFT infringement case in China heard by the Hangzhou Internet Court actively explored the nature of NFT and NFT digital works, the behavior definition under the NFT trading mode, the attributes of NFT digital works trading platform, and the way to assume the responsibility to determine and stop infringement, and formed corresponding judicial review standards.

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Strengthening intellectual property protection and stimulating enterprise innovation vitality