The outline for building a strong intellectual property country and the annual promotion plan for the implementation of the 14th five year plan

This plan is formulated to implement the outline for building a strong intellectual property country (2021-2035) and the national plan for the protection and application of intellectual property rights in the 14th five year plan, deeply implement the strategy of building a strong intellectual property country, accelerate the construction of a strong intellectual property country, and clarify the key tasks and work measures for 2021-2022.

1、 Improve the intellectual property system

（1） Improve intellectual property laws, regulations and rules

1. Promote the revision of the anti-monopoly law of the people's Republic of China, the detailed rules for the implementation of the patent law of the people's Republic of China, several provisions on regulating patent application acts and the provisions on the protection of trade secrets, and promote the formulation of the measures for the administration of trademark agency. We will promote basic legal research and demonstration of intellectual property rights. Do a good job in the study and demonstration of the further revision of the Trademark Law of the people's Republic of China. Do a good job in the demonstration of special legislation on geographical indications. (in charge of the State Administration of market supervision, the Ministry of agriculture and rural areas and the Intellectual Property Office)

2. Promote the revision of the regulations for the implementation of the copyright law of the people's Republic of China, the regulations on collective administration of copyright, the Trial Measures for voluntary registration of works, the measures for the registration of computer software copyright and the measures for the implementation of copyright administrative punishment, and promote the legislative process of the regulations on the protection of copyright of folk literature and art works. (in charge of the Central Propaganda Department)

3. Promote the revision of the regulations of the people's Republic of China on the protection of new plant varieties. (in charge of the Ministry of agriculture and rural areas, the forestry and grass Bureau and the Intellectual Property Office)

4. Promote the legislative process of the regulations on the administration of access to biological genetic resources and benefit sharing. (in charge of ecological environment department)

5. Promote the legislative process of the regulations on the protection of traditional knowledge of traditional Chinese medicine. (in charge of the Bureau of traditional Chinese medicine, the health commission and the Intellectual Property Office)

6. Promote the revision of the regulations on national defense patents. (in charge of the equipment development department of the Central Military Commission, the Bureau of science, technology and industry for national defense and the Intellectual Property Office)

7. Study and establish a sound legal system of special procedures in line with the law of intellectual property trial. (in the charge of the Supreme People's court)

8. Promote the revision of the provisions on the naming of agricultural plant varieties and improve the guidelines for the protection and review of new agricultural plant varieties. (in charge of the Ministry of agriculture and rural areas)

9. Promote the revision of the measures for the protection of intellectual property rights in exhibitions. (in charge of the Ministry of Commerce, the Central Propaganda Department, the State Administration of market supervision and the Intellectual Property Office)

（2） Reform and improve major policies on intellectual property rights

10. Study and formulate a reform plan for the division of central and local financial powers and expenditure responsibilities in the field of intellectual property rights. (in charge of the Ministry of Finance and the Intellectual Property Office)

11. Formulate and issue sub divisional plans related to intellectual property rights. (in charge of the Intellectual Property Office)

12. Formulate the "14th five year plan" for copyright work. (in charge of the Central Propaganda Department)

13. Formulate the plan for judicial protection of intellectual property rights of the people's Court (2021-2025). (in the charge of the Supreme People's court)

14. Formulate and promulgate the opinions on strengthening the mediation of intellectual property disputes, and organize the implementation. (in charge of the Intellectual Property Office, the Central Propaganda Department and the Ministry of Justice)

15. Solidly carry out the accounting and publishing of the added value of patent intensive industries. (in charge of Statistics Bureau and Intellectual Property Office)

16. Formulate and issue guidance on promoting the high-quality development of intellectual property rights of scientific research organizations. (in charge of the Intellectual Property Office, the Chinese Academy of Sciences and the China Association for science and Technology)

17. Deepen the construction of a strong province and city with strong intellectual property rights, optimize the central local cooperation and consultation mechanism, carry out demonstration work on the construction of a strong intellectual property country for provinces, cities, counties, parks, enterprises, universities and scientific research organizations, and promote the coordinated development of regional intellectual property rights. (in charge of the Intellectual Property Office)

18. Explore and promote the reform of design system. (in charge of the Intellectual Property Office)

19. Promote the promulgation of the measures on strengthening national defense intellectual property work under the new situation and the Interim Rules for the copyright registration of military computer software. (in charge of the equipment development department of the Central Military Commission, the Central Propaganda Department, the Ministry of finance, the Bureau of science, technology and industry for national defense and the Intellectual Property Office)

（3） Improve the rules of intellectual property rights in emerging and specific fields

20. Study and formulate intellectual property protection rules for new fields and formats such as big data, artificial intelligence, blockchain and gene technology. (the Central Propaganda Department and the Intellectual Property Office shall be responsible according to the division of responsibilities)

21. Study and formulate compliance standards for open source intellectual property rights of information technology, rules and standards for code contribution of open source community, carry out research on risks and compliance of open source intellectual property rights in the industry, and strengthen compliance evaluation and training of open source intellectual property rights in the industry. (in charge of the Ministry of industry and information technology)

22. Study and improve the copyright protection measures for excellent stage art works of state-owned art troupes and private art performing groups. We will strengthen intellectual property protection for new products, new business forms and new models of digital culture, and improve the evaluation, rights and interests distribution and maintenance mechanism. (in charge of the Ministry of culture and tourism and the Central Propaganda Department)

23. Strengthen the integration and innovation research of new technologies such as artificial intelligence and blockchain with digital copyright protection in radio, television and network audio-visual fields. (in charge of SARFT)

2、 Strengthen intellectual property protection

（1） Strengthening judicial protection of intellectual property rights

24. Comprehensively summarize the results and problems of the three-year pilot work of the intellectual property court of the Supreme People's court, strengthen the guidance to the intellectual property court and the intellectual property court, and study and improve the intellectual property appeal mechanism. We will continue to promote the "three in one" reform of intellectual property trials, explore the establishment of a coordinated handling mechanism for cases involving the intersection of civil and criminal cases and civil and administrative cases involving intellectual property, and continue to promote the pilot reform of the diversion of complexity and simplicity of intellectual property civil proceedings. (in the charge of the Supreme People's court)

25. Formulate the interpretation on several issues of the law applicable to punitive damages for civil infringement of intellectual property rights and the provisions on several issues of the law applicable to the trial of drug patent link disputes. (in the charge of the Supreme People's court)

26. Strengthen anti-monopoly and anti unfair competition justice, formulate the provisions of the Supreme People's Court on Several Issues concerning the application of law in the trial of monopoly civil dispute cases and the interpretation on Several Issues concerning the application of the Anti Unfair Competition Law of the people's Republic of China, and maintain the legal order of the fair competition market. (in the charge of the Supreme People's court)

27. Formulate the opinions on strengthening the judicial protection of intellectual property rights of traditional Chinese medicine to promote the inheritance, innovation and development of traditional Chinese medicine. (in the charge of the Supreme People's court)

28. Promote the notification system of litigation rights and obligations of obligees in criminal cases of infringement of intellectual property rights, and further promote the pilot of centralized and unified implementation of intellectual property procuratorial functions. (in charge of the Supreme People's Procuratorate)

29. Formulate the judicial interpretation and prosecution standards for handling criminal cases of intellectual property infringement, and formulate the guidelines for the examination of evidence in public prosecution of criminal cases of intellectual property infringement. Timely release typical cases of judicial protection of intellectual property rights. (the Supreme People's court, the Supreme People's Procuratorate and the Ministry of public security shall be responsible according to the division of responsibilities)

30. Severely crack down on all kinds of crimes against intellectual property rights and carry out the "Kunlun" special action. (in charge of the Ministry of Public Security)

（2） Strengthening the administrative protection of intellectual property rights

31. Strengthen the enforcement of patents, trademarks and copyrights in key areas and regions, and strengthen the protection of intellectual property rights in online transactions. (the Central Propaganda Department and the State Administration of market supervision are responsible according to the division of responsibilities)

32. Handle the administrative adjudication of major patent infringement disputes and the administrative adjudication request of the early settlement mechanism of drug patent disputes according to law. We will promote the administrative adjudication of patent infringement disputes in an orderly manner. We will improve the cross sectoral cooperation mechanism for administrative protection of intellectual property rights. Strengthen the whole chain protection of well-known trademarks and increase the protection of the legitimate rights and interests of well-known brands. (in charge of the Intellectual Property Office)

33. Strengthen anti-monopoly law enforcement in the field of intellectual property rights. We will carry out in-depth special rectification of anti unfair competition law enforcement in key areas, and severely crack down on counterfeiting, confusion and infringement of trade secrets. (in charge of the State Administration of market supervision)

34. Guide all localities to continuously promote the construction of trade secret protection bases (parks, enterprises and guidance stations) and promote the establishment of national trade secret protection bases. (in charge of the State Administration of market supervision)

35. Formulate and implement the guiding opinions on Further Strengthening the protection of geographical indications, and deepen the reform of the approval of the use of special geographical indications. Strengthen the protection of special symbols, official symbols and Olympic symbols. (in charge of the intellectual property office and the State Administration of market supervision)

36. Strengthen the supervision of services such as copyright registration and collective management, and deepen the key supervision of the copyright of large websites. (in charge of the Central Propaganda Department)

37. Carry out the special action of "sword net" to combat internet infringement and piracy and the special rectification of copyright of the Winter Olympic Games. (in charge of the Central Propaganda Department, the central network information office, the Ministry of industry and information technology and the Ministry of Public Security)

38. Deepen the comprehensive law enforcement reform of the cultural market, strengthen the protection of intellectual property rights in the field of "Internet + tourism", improve the online and offline rights protection mechanism, and cooperate with the enforcement of intellectual property rights in the online performance, online music and online animation market. (in charge of the Ministry of culture and Tourism)

39. Strengthen the Customs Protection of intellectual property rights, intensify the crackdown on infringement in key channels and key links, and carry out the "Longteng action" to comprehensively strengthen the protection of intellectual property rights, the "blue net action" to protect intellectual property rights in delivery channels, and the "net action" to protect intellectual property rights in export and transshipment goods. Strengthen the Customs Protection of the exclusive rights of Olympic symbols. Release the annual report on the status of intellectual property protection of China's customs and typical cases. (in charge of the General Administration of Customs)

40. Study and issue guidance on protecting intellectual property rights of seed industry and cracking down on trademark infringement, and severely crack down on infringement in seed industry. (in charge of the Ministry of agriculture and rural areas, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the State Administration of market supervision and the Intellectual Property Office)

41. Revise the administrative law enforcement measures for the protection of new varieties of forest and grass plants, and issue the 2021 annual report on the protection of forest and grass intellectual property rights and new varieties of forest and grass plants in China. (in charge of the forestry and grass Bureau)

42. Urge delivery enterprises to strictly implement their main responsibilities and continue to crack down on illegal delivery of goods infringing intellectual property rights. (in charge of the post office)

（3） Strengthen the construction of long-term protection mechanism

43. Study and formulate the promotion plan of the opinions on strengthening intellectual property protection from 2022 to 2023. (in charge of the Intellectual Property Office)

44. Accelerate the layout of intellectual property protection centers and rapid rights protection centers, build about 20 intellectual property protection centers and rapid rights protection centers in 2021, and optimize the regional industrial layout of intellectual property protection centers and rapid rights protection centers in 2022. (in charge of the Intellectual Property Office)

45. Start the construction of national intellectual property protection demonstration zone. (in charge of the Intellectual Property Office)

46. Strengthen the construction of standardized market for intellectual property protection, and promote the implementation of intellectual property protection management standards for e-commerce platforms. (in charge of the intellectual property office and the State Administration of market supervision)

47. We will promote the pilot of graded and classified supervision based on credit, and refine the specific items of public credit information in the field of intellectual property rights. (in charge of the Intellectual Property Office)

48. Strengthen the construction of intellectual property administrative law enforcement guidance system. Select and release guiding cases, typical cases and excellent cases of intellectual property administrative protection. Formulate and issue judgment standards for general trademark violations. Establish and improve the system of technical investigators for administrative protection of intellectual property rights. Promote the formulation of intellectual property appraisal standards. Further build and improve the talent team system supporting and strengthening intellectual property protection, and establish a team of training teachers for intellectual property administrative protection. (in charge of the Intellectual Property Office)

49. Carry out a survey of social satisfaction with intellectual property protection and an assessment of the level of intellectual property protection. (in charge of the Intellectual Property Office, the Central Propaganda Department and the central political and Legal Commission)

50. Vigorously cultivate mediation organizations and arbitration institutions for intellectual property disputes. Unblock the docking channels of intellectual property litigation, arbitration and mediation, and improve the online litigation and mediation docking mechanism of intellectual property disputes. (in charge of the Intellectual Property Office, the Central Propaganda Department, the Supreme People's court, the Ministry of justice and the CCPIT)

51. Improve the connection between administrative confirmation of intellectual property rights, administrative law enforcement and judicial protection, and promote the organic unity of review and authorization standards, administrative law enforcement standards and judicial adjudication standards. (in charge of the Supreme People's court, the Central Propaganda Department and the Intellectual Property Office)

52. Continue to promote the legalization of software and carry out annual verification of software use. Focus on the legalization of software in specific industries such as education and medical treatment and private enterprises. Gradually expand the content and scope of software legalization verification, further improve the assessment mechanism of software legalization, explore and implement incentive measures for software legalization, carry out industry training, and improve the awareness of enterprise software legalization. (the Central Propaganda Department, the Ministry of industry and information technology and the State Administration are responsible according to the division of responsibilities)

53. Improve the mechanisms of joint Listing Supervision, supervision and inspection and clue notification among departments, establish and improve the system of information sharing, case notification and case transfer, and strengthen the tracing and chain governance of infringement and counterfeiting. (the Central Propaganda Department, the Ministry of public security, the General Administration of customs and the General Administration of market supervision are responsible according to the division of responsibilities)

54. We will improve the review system for the external transfer of intellectual property rights and strengthen the management of the external transfer of intellectual property rights related to national security. (the Central Propaganda Department, the Ministry of science and technology, the Ministry of agriculture and rural areas, the Ministry of Commerce, the forestry and grass Bureau and the Intellectual Property Office are responsible according to the division of responsibilities)

55. Carry out the investigation, assessment and protection of biological genetic resources, and promote the investigation and cataloguing of traditional knowledge related to biodiversity. (the Ministry of ecological environment and the Ministry of agriculture and rural areas are responsible according to the division of responsibilities)

56. Strengthen the intellectual property protection training for intangible cultural heritage inheritors by relying on the research and training plan for Chinese Intangible Cultural Heritage inheritors and the revitalization plan for Chinese traditional crafts. Study the intellectual property protection system related to intangible cultural heritage. (in charge of the Ministry of culture and Tourism)

57. Accelerate the construction of China International Intellectual Property Arbitration Commission. (in charge of CCPIT)

58. Promote the construction of the Research Center for the protection of traditional Chinese medicine knowledge, and carry out research on the construction of the protection system of traditional Chinese medicine knowledge. (in charge of the Chinese medicine bureau)

3、 Improve the operation mechanism of intellectual property market

（1） Improve the quality of intellectual property creation

59. Optimize the intellectual property development indicators of the 14th five year plan, strengthen the quality orientation, formulate annual work guidelines for promoting the high-quality development of intellectual property, strengthen the statistical monitoring and feedback of intellectual property quality, and promote the complete cancellation of local subsidies for the patent and trademark application stage. We will severely crack down on abnormal patent applications not for the purpose of protecting innovation and malicious trademark registration not for the purpose of use. (in charge of the Intellectual Property Office)

60. Continue to improve the quality and efficiency of intellectual property examination, strengthen the application of intelligent examination technology, improve the green channel of examination, and establish and improve the quality control mechanism for the whole process of patent and trademark examination. We will implement the guidelines for trademark examination and trial, and comprehensively implement the reform of the trademark registration examination and signature mechanism. (in charge of the Intellectual Property Office)

61. Thoroughly implement the guiding opinions on promoting the high-quality development of intellectual property work in central enterprises, and guide central enterprises to strengthen the creation, protection and application of high-value patents. (in charge of SASAC and Intellectual Property Office)

62. Promote the construction of testing system for new varieties of forest and grass plants, speed up the development of testing guidelines, and improve the construction of on-site review expert database for new varieties of forest and grass plants. (in charge of the forestry and grass Bureau)

（2） Strengthen the comprehensive application of intellectual property rights

63. Issue the notice on strengthening patent navigation, promote the construction of patent navigation service base, promote the implementation of a series of national standards of patent navigation guide, and implement a number of patent navigation projects around key areas. (in charge of the Intellectual Property Office)

64. Promote enterprises, universities and scientific research institutions to improve the intellectual property management system, and promote the innovation and intellectual property management system of international standardization organizations. (intellectual property)