Measures of Xiamen Free Trade Pilot Zone for Providing Supports and Rewards on Intellectual Property

 2018-06-13  18


Notice of the Governing Committee of Xiamen Part of China (Fujian) Free Trade Pilot Zone on Issuing the Measures of Xiamen Part of China (Fujian) Free Trade Pilot Zone for Providing Supports and Rewards on Intellectual Property


· Document Number:No. 39 [2016] of the Governing Committee of Xiamen Part of China (Fujian) Free Trade Pilot Zone

· Area of Law: China (Fujian) Pilot Free Trade Zone

· Level of Authority: Local Regulatory Documents

· Date issued:04-19-2016

· Effective Date:04-19-2016

· Status: Effective

· Issuing Authority: Other Institutions of Fujian Province

 

Notice of the Governing Committee of Xiamen Part of China (Fujian) Free Trade Pilot Zone on Issuing the Measures of Xiamen Part of China (Fujian) Free Trade Pilot Zone for Providing Supports and Rewards on Intellectual Property
(No. 39 [2016] of the Governing Committee of Xiamen Part of China (Fujian) Free Trade Pilot Zone)
All relevant entities:
The Measures of Xiamen Part of China (Fujian) Free Trade Pilot Zone for Providing Supports and Rewards on Intellectual Property, as deliberated and adopted at the Directors' Executive Meeting of the Governing Committee of Xiamen Part of China (Fujian) Free Trade Pilot Zone on April 18, 2016, is hereby issued to you for your compliance and implementation.
Xiamen Part of China (Fujian) Free Trade Pilot Zone
April 19, 2016
Measures of Xiamen Part of China (Fujian) Free Trade Pilot Zone for Providing Supports and Rewards on Intellectual Property
Article 1 Xiamen Part of China (Fujian) Free Trade Pilot Zone (hereinafter referred to as “Xiamen Part”) encourages the creation of intellectual property, pledge financing, venture capital investment, foreign-related rights protection, intellectual property services and overseas layout. The commercial subjects of all types which are registered or operate their business in Xiamen Part may apply for supports and rewards in accordance with these Measures.
Article 2 Xiamen Part encourages the creation of intellectual property, and for any of the following intellectual property acquired since the establishment of Xiamen Part, one can file an application for fund within 6 months after obtaining the certificate of rights.
1. Patent: For the invention patents issued by European Union, The United States of America, South Korea or Australia, a subsidy of CNY 50,000 shall be granted for each patent; for the invention patents issued by the countries or regions with patent review authorities, a subsidy of CNY 20, 000 shall granted for each patent. for the same invention, the subsidy shall be granted for the patents issued by no more than three countries or regions..
2. Trademark: for the trademarks registered in European Union, The United States of America, South Korea or Australia, a subsidy of 10,000 shall be granted for each registered trademark and the total subsidy granted to a single enterprise shall not exceed CNY 50,000.
3. Copyright: for the software on which the national computer software copyright is registered, a subsidy of CNY 300 for each piece of software.
For the one awarded as the copyright demonstration entity at the state or provincial level, it shall be rewarded with CNY 100,000 or CNY 50,000 accordingly.
4. Integrated circuit layout design: for the integrated circuit lay designs registered by the State Intellectual Property Office, a subsidy of CNY 2000 for each design.
5. Geographic indication: for the geographic indications registered as trademarks by the State Administration for Industry and Commerce or within the scope of protection of geographic indication products by the General Administration of Quality Supervision, Inspection and Quarantine a slump-sum subsidy of CNY 100,000 shall be granted.
6. New plant variety: for the new varieties of plants included in the directory of protected new varieties of plants of the Ministry of Agriculture or the State Forestry Administration, one shall be rewarded with CNY 20,000 for each variety. for the new varieties of plants from Taiwan which are included in the directory of state-protected new varieties of plants, one shall be rewarded with CNY 40,000 for each variety.
Article 3 Financial institutions shall be encouraged to establish “IP banks” or “IP financial centers” in Xiamen Part to provide IP-related financial services and shall be granted a lump-sum award of CNY 100,000 for their establishment.
The IP pledge financing shall be promoted. Small and mid-sized enterprises in Xiamen Part are encouraged to apply to financial institutions for IP pledge loans with intellectual properties such as patents, trademarks and copyrights as pledge. For any IP pledge loan arising after the date of the issuance of these Measures of which the loan interest rate does not exceed 125% of the benchmark interest rate, the lending bank shall be rewarded with 1% of the total amount of the IP pledge loan actually obtained by the enterprise and the maximum reward for a single loan shall not exceed CNY 200,000.
Article 4 The IP venture capital investment shall be encouraged. For the angel investment institutions, venture capital investment institutions, equity investment institutions, Makerspace operational institutions and other investment institutions which invest in the independent IP-based startup projects, entrepreneurial teams and small and mid-sized enterprises being encouraged in Xiamen Part since the establish of Xiamen Part, after these projects settle down, they shall be given 5% of the actual investment of the year as risk compensation and the maximum risk compensation for a single project shall not exceed CNY 1000,000.
Article 5 Enterprises in Xiamen Part shall be encouraged to actively respond to foreign-related IP disputes. Where an enterprise, as a party (plaintiff, defendant, applicant, respondent, etc), participates in a foreign-related IP dispute which has huge influence on the industrial development of Xiamen Part and win, partially win or temporarily win the lawsuit without any IP abuse, it shall be given a lump-sum subsidy of 10% of the reasonable service expense actually incurred since the establishment of Xiamen Part which includes the investigation and evidence collection fee, judicial identification fee, notarization fee, litigation fee, attorney fee, arbitration fee, mediation fee, etc and the annual accumulative subsidy on the foreign-related rights protection for each enterprise shall not exceed CNY 500,000.
A foreign-related IP dispute mentioned in these Measures refer to the circumstance where the dispute involves a foreign party or takes place overseas and the enterprise in Xiamen Part receives a lawyer's letter from overseas, confronts a IP lawsuit overseas, is under an IP trade investigation, is under the law enforcement by the customs, or is under the law enforcement at a trade show and the like.
Article 6 The development of the IP service industry shall be encouraged and the formation of IP service industry cluster areas shall be accelerated. The directory system for the service products of the IP intermediary agencies in Xiamen Part shall be established, and where an enterprise commissions a service agency to carry out the IP management and services such as the IP entrustment, management standardization, analysis and assessment, patent navigation, transferred operation, dispute mediation and arbitration, it shall be subsidized with 50% of the reasonable service fees actually incurred, among which, the services fees on such key service items as IP analysis and assessment, patent navigation, management standardization shall be fully covered by the subsidy, and the accumulative government subsidy on the service items which is enjoyed by each enterprise shall not exceed CNY 200,000.
Article 7 Famous domestic and foreign IP service agencies (certified by the Governing Committee of Xiamen Part) and the “national brand intellectual property service agency cultivation entities” shall be encouraged to set up offices or wholly-owned subsidies in Xiamen Part, and among which, those which have the registered capital of no less than CNY 1000,000, no less than 10 professionals and effectively operated for at least 1 year shall be given a slump-sum subsidy of CNY 100,000 for their establishment; and the rent subsidy equal to 30% of the monthly rent on the properties they use as offices within three years shall be given to them.
Article 8 The commercial subjects in Xiamen Part which meet the conditions stated in these Measures may file their applications to the Governing Committee of Xiamen Part. The comprehensive service hall of Xiamen Part shall be responsible for accepting all the applications and based on the places of their registration, Xiangyu Office and Haicang Office shall be responsible for the preliminary review respectively. After the review by the Intellectual Property Bureau of Xiamen Part, the result shall be publicized on the government information website for 15 days. If there is no objection raised within that period, the Finance Bureau of the Governing Committee of Xiamen Part shall approve and allocate the support and award funds. The required application materials and the time limit for handling the application shall be prescribed by the Governing Committee of Xiamen Part in its guidelines for handling the relevant matters.
Article 9 Where both the support and award measures of another province, municipality directly under the Central Government, autonomous region and these Measures are applicable, the applicant shall make a choice according to the principle ofno repeated enjoyment.
Article 10 Any applicant which fraudulently obtains the support or reward fund by deliberately fabricating facts, making up conditions, and providing false materials shall bear the corresponding liability according to the law; if such act constitutes any violation of laws or a crime, it shall be transferred to the judicial authority for its disposition according to the law.
Any staff member who, when doing his or her work, neglects his or her duty or commits any self-seeking misconduct shall be held administratively accountable; if such act constitutes any violation of laws or a crime, it shall be transferred to the judicial authority for its disposition according to the law.
Article 11 The Governing Committee of Xiamen Part shall be responsible for the interpretation of these Measures and pay attention to the opinions of the experts from the think tank. These Measures shall come into force from the date of issuance with a validity period of two years.