On September 23, the 33rd meeting of the Standing Committee of the 15th Beijing Municipal People's Congress deliberated the regulations of Beijing Municipality on the protection of intellectual property rights (Draft). The regulation proposes to promote the diversified mediation of intellectual property disputes, and proposes to establish a system of investigation orders of technical investigators and lawyers to improve the efficiency of judicial case handling.
The number of patents authorized in Beijing reached 8.77 million
Intellectual property rights are the rights enjoyed by civil subjects according to law for their intellectual achievements, marks and reputation in business activities. Beijing is rich in innovation resources, and the quantity and quality of intellectual property rights rank among the top in China.
By July 2021, the number of patents authorized in Beijing was 8.77 million, the number of effective invention patents was 3.78 million, and the number of invention patents per 10000 people was 1726 (ranking first in China); The number of effective trademark registrations is 23.93 million. In 2020, 10.05 million copyrights and 2.04 million software copyrights were registered.
Li Fuying, director of the Beijing Municipal Bureau of justice, said that in the face of the new situation and new requirements, Beijing's intellectual property protection has also exposed some unsuitable places. There is an urgent need to formulate a comprehensive intellectual property legislation that conforms to the strategic positioning of the capital city, highlights the characteristics of the capital and reflects the characteristics of the times.
Provide convenient services for patent applications in strategic emerging industries
The draft consists of seven chapters and 51 articles, which are divided into general provisions, administrative and judicial protection, coordinated protection, promotion and service, diversified dispute mediation, legal liability and supplementary provisions. It aims to strengthen intellectual property protection, promote the creation and application of intellectual property, stimulate innovation vitality, optimize the business environment, serve and promote the high-quality economic and social development of the capital.
The draft proposes that the Beijing Intellectual Property Department provides convenient services for patent applications in key national development industries and strategic emerging industries in Beijing through patent pre-trial.
Support the exploration of intellectual property management measures and protection modes
The draft proposes that Beijing supports market players to explore new technologies, new industries, new formats and new models, such as mobile Internet, big data, artificial intelligence, quantum, cutting-edge biotechnology, intellectual property management measures and protection models.
At the same time, protect the intellectual property rights formed in the activities of data collection, storage, use, processing, transmission, provision and disclosure according to law, and strengthen the intellectual property protection awareness of market subjects in the development of data industry such as data development and utilization and cross-border flow of data.
The draft proposes that Beijing supports the national comprehensive demonstration zone for the expansion and opening up of the service industry, China (Beijing) pilot free trade zone and Zhongguancun national independent innovation demonstration zone to explore and innovate in intellectual property protection systems, mechanisms, policies and measures in accordance with the national authorization.
Establish an investigation order system for technical investigators and lawyers
Li Fuying said that the draft proposes to establish a system of investigation orders by technical investigators and lawyers to improve the efficiency of handling judicial cases.
The draft mentions that Beijing will establish a system of technical investigators. When dealing with intellectual property cases involving patents, computer software, integrated circuit layout design, technical secrets, new plant varieties and other highly professional and technical matters, the people's courts, people's procuratorates and intellectual property protection and management departments may invite and hire relevant professional and technical personnel to act as technical investigators and put forward technical investigation opinions on the technical problems involved in the case, Provide reference for identifying technical facts.
At the same time, in the civil litigation of intellectual property rights, if the parties and the lawyers acting on their behalf cannot collect evidence on their own due to objective reasons, the lawyers acting on behalf of the litigation may apply to the people's court to issue an investigation order. Where a lawyer acting as an agent in litigation investigates and collects relevant evidence from the unit or individual under investigation on the strength of an investigation order, the relevant unit or individual shall cooperate.
Promote the establishment of an international intellectual property trading and operation platform
The draft proposes that the municipal and District People's governments promote the construction of platforms for intellectual property transaction, digital copyright transaction and international film, television and animation copyright trade, and provide full chain and integrated services such as intellectual property right registration, pricing transaction, evaluation, operation transformation and financial services
The draft proposes that Beijing supports overseas intellectual property service institutions and arbitration institutions to set up institutions and carry out business in the city according to law, promote the establishment of international intellectual property trading and operation platforms, and expand the opening of the field of intellectual property to the outside world.
In addition, the draft requires to strengthen exchanges and cooperation with countries along the "belt and road" and other countries in inter city intellectual property protection related seminars and training, talent training and service rights protection.
The intellectual property department shall provide guidance on the national intellectual property system, timely release risk early warning information, establish a response guidance and rights protection assistance mechanism for overseas intellectual property disputes, and provide expert, information and legal support for market entities to deal with intellectual property disputes abroad.
At the same time, enterprises, industry associations and chambers of commerce are encouraged to establish overseas intellectual property rights protection alliances, establish overseas rights protection assistance mutual assistance funds, and improve their ability to prevent overseas intellectual property risks and deal with disputes.
Strengthening intellectual property protection in large-scale cultural and sports activities
Liu Yufang, director of the education, science, technology, culture and Health Office of the Standing Committee of the Beijing Municipal People's Congress, said that Beijing, as a national cultural center, has gathered rich cultural resources, a prosperous cultural market and highly active work creation. However, there are still many problems in copyright protection, especially the copyright infringement in the network environment.
Liu Yufang suggested that the draft should further improve the content of copyright protection, strengthen the supervision of copyright infringement violations, improve the early warning mechanism, strengthen source governance, and formulate measures more suitable for copyright protection under the network form; According to the characteristics of large-scale performances and intensive events in Beijing, it is suggested to add provisions to strengthen the protection of intellectual property rights in large-scale cultural and sports activities.
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