Current Position: Home > IP News > State owned office: deepen the reform of "release, control and service", increase the detection and punishment of illegal and criminal acts such as infringement of intellectual property rights

The general office of the State Council has recently printed and issued the "national plan for the division of key tasks of the national teleconference on deepening the reform of" release, management and service "and optimizing the business environment, making arrangements for deepening the reform of" release, management and service "and optimizing the business environment in the next stage.

The plan points out that we should strengthen the responsibility of market entities, increase the detection and punishment of illegal and criminal acts such as manufacturing and selling counterfeit goods and infringing intellectual property rights, and accelerate the introduction of punitive damages and huge fines in areas directly related to people's health and life safety. The plan specifies that the standards for trademark examination and adjudication shall be refined, the efficiency of trademark substantive examination shall be improved, and specific provisions on the judgment of similar trademarks and the identification of malicious trademarks not for the purpose of use shall be specified. By the end of 2020, the processing time limit of trademark change and renewal business will be reduced by half to 1 month and half month respectively.

Five aspects and 25 key tasks are defined in the program. First, we should combine the implementation of macro policies with the deepening of the reform of "deregulation, management and service" to improve the timeliness and accuracy of the implementation of macro policies. We will institutionalize the good practices in the implementation of the direct access mechanism for financial funds, and implement the policy of tax reduction and fee reduction. We will make financing more convenient and preferential for enterprises, especially small and medium-sized enterprises, and urge financial institutions to optimize the loan extension procedures for inclusive small and micro enterprises. We should stabilize and expand employment, break all kinds of unreasonable restrictions that affect employment, especially new forms of employment, and simplify the employment procedures for college graduates. Second, let go of vitality and creativity. We will promote the reform of the administrative examination and approval system by categories, compile and publish the list of administrative licensing matters set by the central government, greatly simplify various types of repeated examination and approval, and clean up unnecessary examination and approval. Simplify and optimize the management measures of automobile production access. We will deepen the reform of "separation of certificates and licenses" and extensively implement the notification and commitment system. We will improve the convenience of enterprise cancellation and expand the scope of simple cancellation. Third, we should manage fairness and quality. We should improve the practice of "double random, open supervision", credit supervision, "Internet plus regulation" and cross departmental collaborative supervision, and accelerate the improvement of the regulatory standards system in various fields. Keep the bottom line of safety and quality, and strictly supervise the whole subject, variety and chain in the fields of vaccines, drugs, special equipment and dangerous chemicals. In areas directly related to people's health and life safety, we should speed up the introduction of punitive damages and huge fines. We should explore the "inclusive supervision" and trigger supervision, and further promote the "Internet plus" action. Fourth, service should be convenient and practical. In a wider range, we will allow enterprises and the masses to independently choose online or offline handling methods, and strengthen guidance and services for the elderly, the disabled and other groups. We will optimize the services in public utilities such as water, electricity, heating network, notarization and medical treatment. We will promote the "cross Provincial General Administration" of government services, and vigorously promote "one thing at a time". We will further simplify the procedures for social security participation, transfer and continuation, and establish a mechanism for people in difficulty to find out on their own initiative. Fifth, we should mobilize the enthusiasm of all parties to form a joint force to promote the reform. To improve the coordination of reform, we should simultaneously sink relevant professionals and technical forces when delegating the examination and approval of regulatory matters. We will support local governments to explore and innovate, set up a number of pilot cities for business environment innovation, and deepen the reform of "release, management and service". We should establish and improve the normalized communication mechanism between government and enterprises, and "handle complaints as soon as possible" for enterprises. We should give full play to the role of the rule of law in guiding and guaranteeing the orderly progress of various reforms in accordance with the law.

The plan emphasizes that all regions should improve and deepen the reform of "release, management and service" and optimize the working mechanism of business environment, promote the reform in related fields in an integrated way, and strengthen the working force to ensure the implementation of reform tasks. All departments should combine their respective responsibilities, strengthen coordination and cooperation, and form a joint force for reform. The general office of the State Council should play a leading and overall role in deepening the reform of "release, management and service" and optimizing the business environment, strengthen overall planning and coordination, business guidance and supervision and implementation, and ensure the effectiveness of the reform.


 

Among them, the relevant deployment excerpts related to intellectual property rights are as follows:

Deepening the reform of "release, management and service" and optimizing business environment

Key tasks of teleconference


3、 We should manage fairness and quality

(14) We should strengthen the responsibility of market entities, increase the detection and punishment of illegal and criminal acts such as manufacturing and selling counterfeit goods and infringing intellectual property rights, and accelerate the introduction of punitive damages and huge fines in areas directly related to people's health and life safety. (State Administration of market supervision, State Intellectual Property Office, Ministry of public security, Ministry of justice and other relevant departments of the State Council and all regions shall be responsible according to the division of responsibilities)

Specific measures:

  1. By the end of 2020, we will formulate and improve the judgment standards of trademark and patent infringement in the process of administrative law enforcement. We will accelerate the introduction of punitive damages in patent and other fields. We will step up efforts to crack down on violations of intellectual property rights such as trademarks, patents and trade secrets, as well as the production and sale of counterfeit and shoddy school supplies, refined oil products and auto parts, and supervise a number of key cases. (State Administration of market supervision, State Intellectual Property Office, Ministry of public security, Ministry of justice and other relevant departments of the State Council and all regions shall be responsible according to the division of responsibilities)

  2. Improve the function of quality and safety traceability platform for food industry enterprises, expand the quality and safety traceability pilot of infant formula milk powder, and facilitate consumers' inquiry. (the Ministry of industry and information technology and other relevant departments of the State Council and all regions shall be responsible according to the division of responsibilities)

  3. Carry out special governance on illegal collection and use of personal information of mobile applications (APP), urge Telecom and Internet enterprises to strengthen the evaluation of network data security and compliance, improve the linkage processing mechanism with enterprise complaints, and timely verify and handle user complaints. (the central network information office, the Ministry of industry and information technology, the Ministry of public security, the General Administration of market supervision and other relevant units and regions shall be responsible according to the division of responsibilities)

(15) Innovation and inclusiveness of prudential supervision, reform of regional and industry-based regulatory practices, explore innovative regulatory standards and models, and give play to the role of platform supervision and industry self-discipline. In some areas, flexible supervision and intelligent supervision should be implemented. For some uncertain and potential risks, the controllable scope can be defined, and the pilot experience can be further promoted. (the general office of the State Council, the national development and Reform Commission, the Ministry of science and technology, the Ministry of industry and information technology, the Ministry of Commerce, the General Administration of market supervision, the central network information office and other relevant units and regions shall be responsible according to the division of responsibilities.)


Specific measures:

  1. systematically summarize the experience and practices of promoting Internet plus action in recent years, analyze the existing problems and weak links, and make targeted research before March 2021, and put forward new measures to further promote the "Internet plus" action, and speed up the development of new economic development momentum. (under the leadership of the national development and Reform Commission, the relevant departments of the State Council shall be responsible according to the division of responsibilities)

    By the end of 2021, we will formulate and issue the guidance on inclusive and prudent supervision of new industries and new formats. We will explore and carry out pilot projects of inclusive prudential supervision such as "sandbox supervision" and "trigger supervision". (under the leadership of the general office of the State Council, the national development and Reform Commission, the people's Bank of China, the General Administration of market supervision and other relevant departments of the State Council and all regions shall be responsible according to the division of responsibilities)
    Formulate and issue relevant documents to guide the orderly competition of platform economy before the end of 2020 to create a good environment for the development of platform economy. We will investigate and deal with illegal acts such as abusing market dominance, restricting transactions and unfair competition in the field of the Internet according to law, maintain market price order, and guide enterprises to operate in accordance with the law. By the end of June 2021, regulations on the supervision and management of online transactions shall be formulated and promulgated. (led by the General Administration of market supervision, the relevant departments of the State Council shall be responsible according to the division of responsibilities)
     Facilitate enterprises to obtain all kinds of innovation resources, strengthen the information services of patents and other intellectual property rights, open the patents that the patentees are willing to license, and centrally disclose the basic data of relevant patents, transaction costs and other information, so as to facilitate enterprises to obtain and implement. We should guide data service providers such as academic papers to reduce the cost of obtaining papers and other resources, and promote research institutions and universities to open up the latest research results information to the society in accordance with laws and regulations. Greatly reduce the registration time of the website. (the Ministry of education, the Ministry of science and technology, the Ministry of industry and information technology, the State Intellectual Property Office and other relevant departments of the State Council and all regions shall be responsible according to the division of responsibilities)
    We will optimize the development environment of Internet medicine, encourage and support medical institutions to connect with the Internet platform, carry out Internet follow-up consultation, Internet health consultation, remote auxiliary diagnosis and other services, study and formulate Internet health consultation processes and standards, explore the implementation of Internet inquiry management according to the classification of diseases, and realize the connection between online consultation and offline diagnosis and treatment. (the National Health Commission and other relevant departments of the State Council and all regions shall be responsible according to the division of responsibilities)

    4、 Service should be convenient and practical

(18) We will promote the integrated handling of more matters, give full play to the "one-stop" service functions such as the local government affairs hall, and accelerate the realization of one window acceptance, limited time and one run at most. To explore the realization of "one thing at a time" for multiple related matters, and reduce the process links and the required proof materials. Integrate non emergency government service hotline and strive to achieve "No.1 response". (under the leadership of the general office of the State Council, the relevant departments and regions under the State Council shall be responsible according to the division of responsibilities)

Specific measures:

1.We should improve the centralized service mode of the provincial, municipal, county and Township Comprehensive government hall, enhance the standardization level of government service, continuously improve the window service, promote the comprehensive integration of online and offline, and generally implement the systems of first inquiry responsibility, one-time notification, one window acceptance, parallel processing and limited time. By the end of 2020, we will formulate and issue guidelines for the evaluation of government services and the working norms of "one evaluation at a time" and "one evaluation for one thing" for government services, so as to promote the standardization of the "good and bad evaluation" system for government services in all regions and departments. (led by the general office of the State Council and in charge of all regions and departments)

2. Vigorously promote "one thing at a time", from the perspective of enterprises and the masses to "accomplish one thing", package related approval service items, provide package and theme type integrated services such as "opening restaurants", "opening hotels", etc., publish standardized service guide and flow chart, and conduct unified acceptance by a leading department and separate handling by cooperating departments Please, a set of materials, one-time submission, limited time to complete, to avoid enterprises and the masses running back and forth. (in charge of all regions and departments)

3. By the end of 2020, we will study and formulate a work plan for the integration of non emergency government service hotlines, and promote all regions and departments to speed up the integration of relevant hotlines. (under the leadership of the general office of the State Council, the relevant departments and regions under the State Council shall be responsible according to the division of responsibilities)

4. Strengthen the coordination of real estate mortgage loan and registration business, promote the application of real estate registration electronic certificate in banks and other financial institutions, and facilitate the financing of enterprises and the masses. By the end of 2020, the processing time of mortgage registration of all cities and counties in the country will be reduced to less than 5 working days, and the whole process of real estate mortgage registration will be realized in all cities and counties of the country by the end of 2021. (the Ministry of natural resources, the China Banking and Insurance Regulatory Commission and various regions shall be responsible according to the division of responsibilities)

5. Refine the standards for trademark examination and adjudication, improve the efficiency of trademark substantive examination, and make clear the specific provisions of similar trademark judgment and malicious trademark identification not for the purpose of use. By the end of 2020, the processing time limit of trademark change and renewal business will be reduced by half to 1 month and half month respectively. (in charge of State Intellectual Property Office)

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