Guiding Opinions on Strengthening Intellectual Property Work within the China (Guangdong) Pilot Free Trade Zone

 2018-06-15  59


Notice of the Guangdong Intellectual Property Office and the General Office of the China (Guangdong) Pilot Free Trade Zone on Printing and Distributing the "Guiding Opinions on Strengthening Intellectual Property Work within the China (Guangdong) Pilot Free Trade Zone"


· Document Number:Yue Zhi Xie [2015] No.154

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

· Level of Authority: Local Regulatory Documents

· Date issued:08-18-2015

· Effective Date:08-18-2015

· Status: Effective

· Issuing Authority: Other Institutions of Guangdong Province

 

Notice of the Guangdong Intellectual Property Office and the General Office of the China (Guangdong) Pilot Free Trade Zone on Printing and Distributing the "Guiding Opinions on Strengthening Intellectual Property Work within the China (Guangdong) Pilot Free Trade Zone"
(Yue Zhi Xie [2015] No.154)
To intellectual property offices in Guangzhou, Shenzhen and Zhuhai, and the management committees of the Nansha, Qianhai-Shekou and Hengqin blocks of the China (Guangdong) Pilot Free Trade Zone,
With a view to promoting intellectual property work within the China (Guangdong) Pilot Free Trade Zone, the Guiding Opinions on Strengthening Intellectual Property Work within the China (Guangdong) Pilot Free Trade Zone is hereby printed and distributed to you for conscientious compliance.
Guangdong Intellectual Property Office
General Office of the China (Guangdong) Pilot Free Trade Zone
August 18, 2015
Guiding Opinions on Strengthening Intellectual Property Work within the China (Guangdong) Pilot Free Trade Zone
These Opinions are hereby put forward as follows with a view to advancing the development of the China (Guangdong) Pilot Free Trade Zone ("FTZ"), strengthening intellectual property ("IP") work within the FTZ, and developing a high-quality IP management and protection system in line with international standards:
1. Guiding thoughts
It is imperative to effectively implement the strategic deployments made by the Central Government and the provincial government in terms of FTZ development, implement IP strategies in an in-depth manner by centering around the overall requirements of the innovation-driven development strategy, uphold the principles of standardized, collaborative, proactive and efficient development, focus on management framework reform by following the main direction of supporting FTZ development and emphasizing the efforts to raise the level of IP management and protection, improve protection systems, innovate in service models, and comprehensively push forward IP work within the FTZ, so as to provide strong support for realizing innovation-driven development and achieving the overall objectives of developing Guangdong into the vanguard for developing socialism with Chinese characteristics, the pioneer for deepening reform and opening-up and the test bed for exploring scientific development, and building a moderately well-off society and largely attaining socialist modernization in Guangdong ahead of other regions.
2. Objectives
Efforts shall be made to give full play to the regional layout characteristics of various FTZ blocks to develop a high-quality IP management and protection system in line with international standards. Specific objectives are as follows: to establish a robust system of IP policies and regulations; to explore the establishment of a comprehensive IP management and law enforcement mechanism; to construct diversified IP dispute resolution mechanisms such as those for arbitration and mediation, and assistance mechanisms for safeguarding IP; to build an IP public service system that serves economic transformation and upgrading; to establish a new-type IP operating mechanism; to create an international IP cooperation and exchange platform; and, to significantly enhance the capabilities of the FTZ in IP creation, utilization, protection, management and services.
3. Tasks and measures
Pursuant to the Overall Plan for the China (Guangdong) Pilot Free Trade Zone and the Key Reform Tasks for Implementing the "Overall Plan for the China (Guangdong) Pilot Free Trade Zone" in 2015, relevant tasks and measures are hereby formulated as follows:
(1) The IP management and law enforcement system shall be improved.
a. IP policies and regulations shall be fine-tuned. It is essential to develop relevant IP management and protection policy measures applicable to the FTZ, and improve the framework of IP policies and regulations.
b. The establishment of a unified IP administration and law enforcement system shall be explored. It is necessary to establish a unified IP administration mechanism in the FTZ, include comprehensive IP law enforcement into the FTZ's comprehensive administrative law enforcement system, and develop a system of high-quality IP management and protection rules in line with international standards.
c. IP protection coordination mechanisms shall be reinforced. It is required to promote IP comprehensive law enforcement and joint law enforcement, enhance the effective alignment of administrative law enforcement and criminal justice, and set up inter-departmental and cross-regional mechanisms for IP case transfer, information communication, investigation cooperation, etc.
(2) Diversified IP dispute mediation mechanisms and assistance mechanisms for safeguarding IP shall be established.
d. IP dispute mediation mechanisms and assistance mechanisms for safeguarding IP shall be improved. It is crucial to set up diversified IP dispute resolution mechanisms such as those for arbitration and mediation, introduce international arbitration, and promote cooperation between domestic and foreign IP arbitration institutions; and, set up a FTZ comprehensive IP mediation center, adopt a third-party mediation mechanism, encourage industry associations and professional service organizations to participate in IP mediation, further promote the resolution of IP disputes, and construct diversified IP dispute resolution mechanisms and assistance mechanisms for safeguarding IP that include administrative mediation and mediation by social organizations.
e. An IP dispute expedited handling mechanism shall be set up for key industries within the FTZ. According to the development needs of key industries within the FTZ, it is critical to apply in due course to the State Intellectual Property Office ("SIPO") for establishing a center for safeguarding the IP of the key industries within the FTZ in an expedited manner, and explore the establishment of cross-industrial channels to grant, affirm and safeguard IP (patents) in an expedited manner specifically for patent-intensive industries within the FTZ.
(3) A new-type IP operating mechanism shall be constructed.
f. The construction of a pilot platform with Hengqin characteristics for national IP operation public services shall be pushed forward. It is vital to leverage the unique advantages of the Hengqin New Area, rely on the resources available in the national platform to provide public services for IP operation, advance the operations of the Hengqin International Intellectual Property Transaction Center, explore and adopt new operating models for unique services for cross-border transactions in an in-depth manner, and make efforts to build the Hengqin block of the FTZ into a core link of the national IP transaction platform, a bridge for cross-border IP transactions and a test bed for science and technology finance.
g. The establishment of an IP operations center shall be explored in the Qianhai-Shekou block of the FTZ. Taking advantage of the favorable conditions provided by the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone, it is paramount to give full play to Shenzhen's industrial clustering advantages, integrate IP resources, guide the participation of private investors, explore the establishment of an IP operations center that covers southern China and even the entire country and has international influence in the Qianhai block, innovate in IP operation models, and form clusters of IP operations institutions, so as to provide important support for the "One Belt, One Road" strategy.
(4) IP financial services shall be innovated.
h. IP finance shall be vigorously developed.
It is important to encourage banks, insurance institutions, investment funds and other institutions to provide comprehensive financial services for enterprises within the FTZ by jointly adopting the forms of investing in the equity, debts, assets, etc. of such enterprises; explore the issuance of collective enterprise IP bonds, test the IP trust model, encourage the securitization of IP and the right to obtain IP licensing fees, and financing against the pledge of patent licensing rights, and enhance the fund-raising capacity of, and increase the amount of funds raised by, enterprises within the FTZ; and, play the role of all types of IP transaction service agencies in the disposal of pledges, realize their rights as pledgees by diversified means such as converting pledged items to cash by agreement, transfer or licensing of pledges, etc., and establish a risk-sharing mechanism for financing against IP pledges and a mechanism for disposing of pledged items.
(5) A work mechanism shall be established for the development of patent-guided industries.
i. Measures shall be taken to develop patent-guided industries. Based on the strategy of patent-guided development, it is essential to formulate an industry patent layout planning, specify the directions and paths for achieving technological breakthroughs, propose policy suggestions on promoting industrial transformation and upgrading, as well as innovation-driven development, and build up patent reserves that support industrial development and sharpen the competitiveness of enterprises.
(6) IP shall be relied upon to serve the transformation and upgrading of the FTZ.
j. Patent information public services shall be strengthened. It is necessary to take full advantage of the SIPO regional patent information services (Guangzhou) center, the SIPO (Guangdong) patent information dissemination and utilization base and the Guangdong Province patent information public service platform to explore patent information service models in the FTZ to carry out industry-specific patent analysis and patent infringement risk analysis, issue patent early warnings and study patent trends; and, improve and optimize the IP information big data platform, make available basic data free of charge, optimize basic search tools, and improve the ease of IP information use.
k. Efforts shall be made to attract a large number of IP service industries to the FTZ. It is required to construct an experimental zone for IP service industry cluster development within the FTZ on a pilot basis, study and develop management and operating mechanisms for the cluster center, refine the construction aspects of, and seek supporting measures for, the cluster center, so as to promote the concentration of advantageous IP resources.
l. Patent application services shall be improved in the FTZ. It is crucial to innovate in public service models, and make available "fast-track channels" in the FTZ for patent application, fee payment, patent contract record-filing, patent recognition and registration, etc., so as to raise the efficiency and quality of patent application.
4. Organizational safeguards
(1) Organization and leadership shall be reinforced. The FTZ work leadership teams at the provincial and municipal levels shall be relied upon to plan for the overall direction of the IP work in the FTZ, carry out relevant research, and develop and issue pertinent work plans and programs.
(2) Overall coordination shall be enhanced. Relevant prefecture-level cities and departments shall strengthen coordination and cooperation, study and develop supporting policy measures for strengthening IP management in light of their respective work realities, and ensure the effective implementation of policy measures. The management committees of all blocks of the FTZ shall include IP work in their important work agendas, and designate special agencies and personnel to be responsible for promoting the implementation of various policy measures.
(3) Team-building shall be strengthened. It is critical to step up the training of IP professionals, and groom and train a team of talents with international vision who are familiar with policies and regulations, as well as IP laws, regulations and management; and, formulate and promulgate preferential policies to grant local household registers to professionals, and attract a number of top IP management and service talents with international vision on a priority basis.
(4) Funding investment shall be guaranteed. It is vital to innovate in investment mechanisms, play the guiding role of fiscal funds, make vigorous efforts to attract private investment in the construction of IP management and operations platforms, and gradually establish a multi-channel funding guarantee mechanism.