In order to implement the spirit of the important speech of general secretary Xi Jinping in the twenty-fifth collective learning of the Central Political Bureau, in accordance with the relevant requirements of the Secretary General of the National Intellectual Property Office, recently, the State Intellectual Property Office issued the "national intellectual property administrative protection plan in 2021" (hereinafter referred to as the "plan"), and made arrangements for the administrative protection of intellectual property rights nationwide in 2021.

The plan calls for adhering to Xi Jinping's new socialist ideology of China with the guidance of the "opinions on strengthening the protection of intellectual property rights", strengthening the sense of problems and sticking to the problem oriented direction, and focusing on the areas and areas where the masses are strongly concerned, the public opinion is concerned and the infringement and counterfeiting are frequent. We will continue to create a good innovation environment and business environment, which will provide a strong guarantee for the implementation of new development concepts, the construction of new development patterns and the promotion of high-quality development.

The plan focuses on the key areas, key links and important periods, strengthens the whole chain protection, improves the working system and service network, and strengthens the response to overseas intellectual property disputes by strengthening the administrative adjudication work, strict patent protection, comprehensive implementation of policies, strengthening trademark protection and management, strict supervision and strengthening the protection of geographical and Olympic signs, official signs and special signs, focusing on key areas, key links and important periods, and strengthening the whole chain protection; perfecting the working system and service network, and strengthening the response to overseas intellectual property disputes Five aspects, including guidance, are deployed, 26 specific tasks are deployed.

The plan requires that all regions should strengthen the coordination, linkage and training publicity of the organization and leadership, business guidance, and law enforcement departments such as market supervision. Provincial Intellectual Property bureaus shall formulate implementation plans or work plans in combination with local realities. The State Intellectual Property Office will strengthen supervision and guidance, and incorporate the implementation and work results of all regions into the performance evaluation scope of intellectual property administrative protection, so as to promote the effective implementation of all work, further improve the quality, efficiency and level of the system wide intellectual property administrative protection, and meet the 100th anniversary of the party building with excellent achievements.

On printing and distributing of State Intellectual Property Office

Notice of the work plan for the administrative protection of intellectual property in 2021

Gzf [2021] No. 29

Intellectual Property Bureau of the provinces, autonomous regions, municipalities directly under the central government and Xinjiang production and Construction Corps:

In order to thoroughly implement the spirit of the important speech delivered by general secretary Xi Jinping in the twenty-fifth collective learning of the Central Political Bureau, conscientiously implement the decision making and deployment of the Central Committee and the State Council on the comprehensive strengthening of intellectual property protection, intensify the administrative protection of intellectual property rights, and work out the national intellectual property administrative protection plan in 2021, which is hereby issued and issued. Real. The implementation and work results of each region will be included in the performance appraisal scope of intellectual property administrative protection of the State Intellectual Property Bureau. The implementation plan and work summary of the provinces, autonomous regions, municipalities directly under the central government and Xinjiang production and Construction Corps shall be submitted to the intellectual property protection division before March 15 and December 1, 2021 respectively. The electronic copies shall be sent to the following: zhifa@cnipa.gov.cn .

State Intellectual Property Office

March 3, 2021

(contact person and telephone: Xiao niezuncui Shangke, intellectual property protection department, 010-62086712 62086851)

National intellectual property administrative protection in 2021

Programme of work

2021 is the 100th anniversary of the founding of the Communist Party of China and the year of the opening of the 14th five year plan. This work plan is formulated to implement in-depth the decision-making and deployment of the CPC Central Committee and the State Council on Comprehensively Strengthening the protection of intellectual property, and to implement the relevant requirements of the meeting of the director general of the State Intellectual Property Office and the national intellectual property protection working conference.

1、 General requirements

Adhere to the guidance of Xi Jinping's socialist ideology with Chinese characteristics in the new era, fully implement the spirit of the nineteen and nineteen second, third, fourth, fifth, and central economic work meetings of the party, and conscientiously implement the spirit of the important speech of general secretary Xi Jinping in the twenty-fifth collective learning of the Central Political Bureau, in accordance with the "strengthening of intellectual property protection" by China office and state run office. See the requirements of the implementation of the promotion plan of "opinions on strengthening the protection of intellectual property" in 2020-2021, strengthen the awareness of problems and adhere to the problem orientation, and focus on the key areas and areas with strong response to the masses, public opinion attention, and frequent infringement and counterfeiting, and put emphasis on attacking, rectifying and deterring the public, and further improving the quality, efficiency and water protection of intellectual property administrative protection In order to ensure the implementation of new development concept, the construction of new development pattern and the promotion of high-quality development, we will continue to create a good innovation environment and business environment.

2、 Main tasks

（1） We will strengthen the work of administrative adjudication and strictly protect the patent. In strict accordance with the revised Patent Law and relevant laws and regulations, the State Intellectual Property Office shall implement the system of handling patent infringement disputes with great influence in the whole country, and carry out the early administrative adjudication of drug patent disputes. We will improve the mechanism of collecting and arranging the sources of patent disputes and the mechanism of investigating the infringement risks, strengthening the source governance, and timely preventing and resolving the infringement risks. We will vigorously promote the demonstration construction of administrative adjudication on patent infringement disputes. We will open up the channels of acceptance, broaden the clues of the source of the case, and carry out the administrative adjudication of patent infringement disputes and other patent disputes cases with high quality and efficiency. We will intensify efforts to crack down on repeated infringement, group infringement and malicious infringement, intensify the handling of patent infringement disputes involving foreign-related and private enterprises, give full play to the advantages of administrative protection and protect the legitimate rights and interests of the obligee according to law.

（2） Comprehensive measures shall be adopted to strengthen trademark protection management. We will innovate the ways and means of trademark protection, focus on the links of trademark printing, production and circulation, and online sales, and strengthen the business guidance for handling serious infringement involving wide area, long duration, high amount involved and bad impact. We should earnestly urge the enterprises to process the fixed brand, strictly fulfill the obligations of trademark examination and control the infringement of trademarks. We should strengthen the protection of the legitimate rights and interests of the right holders of well-known trademarks, protect the well-known trademarks approved in the investigation and treatment of trademark violations in a timely manner, and invoke protection and key protection for those with administrative protection records. We will strengthen the protection of agricultural related trademarks, collective trademarks and certification trademarks, and help the implementation of the strategy of Rural Revitalization. Taking the implementation of the amendment to the criminal law (11) as an opportunity, we should strengthen the protection of service trademark. We will intensify the rectification of illegal acts such as the application for registration of malicious trademarks, the use of trademarks in violation of the prohibition provisions, and the impersonation of registered trademarks, and strictly prevent the use of the young pioneers' logo and the written registered trademark or use it as unregistered trademark. The research and development of the general standards for trademark illegal judgment, the standardization of trademark use management order, effective prevention and elimination of the bad effects of trademark application and use behavior, and the purification of the market environment.

（3） We will strictly supervise and strengthen the protection of geographical and Olympic, official and special signs. We will improve the protection system of geographical indications, strengthen the supervision of geographical indication protection, highlight the quality standards of features, and define the proportion and frequency of scientific and reasonable spot checks, sampling methods, inspection contents and inspection procedures in accordance with the laws and regulations. We will implement the list type supervision of key geographical indications and strengthen the efforts to rectify the illegal use of special signs for geographical indications. Strengthen the geographical indication protection of the headquarters of production centers, sales distribution centers and network platforms, and promote the interconnection of illegal clues, the exchange of regulatory standards and the sharing of administrative law enforcement information. Focusing on exhibitions, trade fairs, wholesale markets and tourist attractions, the protection of intellectual property rights such as Olympic symbols should be strengthened to create a good atmosphere for the smooth holding of the Beijing Winter Olympic Winter Paralympic Games. We will strengthen the protection of official and special signs around major international and national political, sports and cultural activities.

（4） Focus on key areas, key links and important periods to strengthen the whole chain protection. We will increase the protection of food, drugs and public health that are related to the public interest and the vital interests of the people, especially for the commodity protection of anti epidemic protection articles, people's livelihood materials, rural food, and products related to the visual acuity of young children. We will strengthen the governance in the key areas such as the trading market, wholesale market, agricultural trade market and other key periods such as Spring Festival, May 1st, mid autumn and national day. Strengthen the governance of online infringement and counterfeiting, strengthen the spot check of intellectual property authorization information of operators in the platform, promote the implementation of recommended national standards of intellectual property protection management of e-commerce platform, guide the platform to conduct the whole process management of intellectual property protection, and complete the integrated protection of offline and offline. Strengthen the protection of intellectual property rights of the exhibition, focus on large-scale exhibitions such as the Expo, service trade fair and Guangzhou Fair, take measures such as pre exhibition investigation, in exhibition patrol and post exhibition tracking, and do a good job in prevention, mediation and investigation of infringement.

（5） We will improve the working system and service network, and strengthen the guidance for the response of overseas intellectual property disputes. We will further improve and expand the network of guidance services for overseas intellectual property disputes, strengthen business capacity-building, give full play to the role of national overseas intellectual property dispute response guidance center and local sub center, strengthen the coordination between the central and local governments, and continue to provide high-level guidance services for enterprises to prevent and control overseas intellectual property risks and deal with disputes. We will strengthen the supply of overseas intellectual property information services, continuously optimize and improve the construction of overseas IP information service platform, and do a good job in collecting and researching typical cases of overseas intellectual property disputes. Establish and improve the sharing mechanism and expert consultation mechanism of overseas intellectual property protection information in various regions.

3、 Work requirements

（1） Strengthen organizational leadership. We should attach great importance to it, organize and implement it carefully, establish a responsibility system and ensure that all tasks are implemented in place. We should formulate practical implementation plans or work plans in combination with the actual situation in the region, refine work measures, strengthen supervision and inspection, and ensure the effectiveness of the work. Report important situations to local Party committees and governments in time, and ask for instructions on major and difficult problems. Praise the areas with remarkable achievements and those with outstanding achievements; criticize the areas where infringement problems occur frequently and administrative protection is not strong, and urge rectification through interviews and notices.

（2） Strengthen business guidance. We should implement the standards of trademark infringement judgment and the guide for handling administrative adjudication of patent infringement disputes. We will promote the evaluation and investigation of administrative protection files. Strengthen the administrative reply work, ask for instructions on difficult cases reported by the subordinate units, carefully study and judge the case, make legal analysis and reply in time. Actively do a good job in the selection and submission of typical cases and guiding cases. We will promote the construction of technical support system for the inspection and identification of intellectual property infringement disputes.

（3） Strengthen coordination and linkage. We will strengthen the coordination and linkage with law enforcement departments such as market supervision, improve the mechanism of law enforcement and protection cooperation, and strictly investigate and punish trademark infringement, counterfeit patent and other illegal acts. We will strengthen the cooperation between administration and judicial protection, promote the judicial confirmation of the agreement on administrative mediation of intellectual property disputes, promote the unified coordination of administrative law enforcement and judicial judgment standards, improve the mechanism of administrative law enforcement and judicial connection, and form a joint force of law enforcement and protection. We will strengthen the construction of rapid collaborative protection mechanism, optimize the industrial layout of intellectual property protection center and quick maintenance center, and accelerate the construction of rapid collaborative protection system of intellectual property in provinces, cities and counties. We will deepen the cooperation of intellectual property administrative protection in 12 provinces, five provinces (districts) in North China, and the 15th city of Shanxi, Hebei, Shandong and Henan, etc., and strengthen the guidance of inter provincial administrative protection cooperation, expand the scope of regional cooperation, and improve the mechanism of clue transfer and information sharing. We will improve the work linkage and information push mechanism between intellectual property departments and e-commerce platforms, and improve the efficiency of intellectual property protection in the Internet.

（4） Strengthen training publicity. We will continue to strengthen the capacity-building of administrative protection teams, actively organize business training, case studies and other activities, and improve the professional skills of administrative protection personnel. We should broaden the channels of publicity, make full use of newspapers, TV and new media on the Internet to report on the measures and effects of intellectual property administrative protection in time. Make full use of the important time period such as "4.26 World Intellectual Property Day", organize and carry out centralized publicity, release influential intellectual property administrative protection cases, deter infringement and illegal acts, and actively create a good innovation environment and business environment.

(Editor: shaojingjing, practice American: Wang Zhenjie, edited by cuijingsi, reviewed by: caiyingsun yaman)

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