Interpretation of the Regulations of Beijing Municipality on Intellectual Property Protection

2022-04-30

Beijing is rich in innovative resources, and its quantity and quality of intellectual property are among the highest in China. Over these years, Beijing has been making effort in improving its seven-sphere intellectual property protection pattern that integrates administrative law enforcement, judicial adjudication, diversified mediation, commercial arbitration, legal services, social supervision, and industry self-regulation, and in building an intellectual property protection model integrating standardized administration and strict law enforcement, comprehensively improving both its capacity and level for intellectual property protection.

Main Contents

1. Strengthening administrative protection and judicial protection

Clarify responsibilities for intellectual property protection.

Establish a mechanism for rapid coordinated investigation of infringements and breaches; Strengthen the examination of outbound transfers of intellectual property.

Improve the connection mechanism of administrative protection and judicial protection.

Specify punishments for intellectual property crimes in accordance with the law, and introduce harsher punishments for both vertically and horizontally organized intellectual property crimes.

Clarify the requirements for the people's courts to improve the quality and efficiency of intellectual property trials.

Clarify the work positioning of technical investigation officers.

2. Strengthening the protection in key and emerging areas

Clarify the focus and ways of intellectual property protection in key areas such as trademarks, copyright, trade secrets, traditional culture, Olympic symbols, data processing, digital trade, and large-scale cultural and sports events.

Specify the intellectual property protection obligations of Internet service providers as well as exhibition hosts and organizers, and stipulate the corresponding legal liabilities.

Establish a mechanism for intellectual property credit evaluation and bad faith punishments, and implement in accordance with the law corresponding administration and disciplinary measures for serious violations and acts of bad faith in the field of intellectual property.

Support the exploration of innovative intellectual property protection mechanisms, policies and measures in the building of the "Two Zones" and the Zhongguancun National Innovation Demonstration Zone; and provide assistance for enterprises, universities and research institutions to explore intellectual property management measures and protection models for new technologies, industries, business forms and business models.

Support the building of intellectual property alliances and patent pools to improve Beijing's ability in patent creation and application.

3. Strengthening public services

Intellectual property protection agencies provide intellectual property protection services through patent pre-examination, guidance on rights protection and protection collaboration, etc., and offer pre-examination services to patent applications in key national industries and other fields.

Establish systems for patent navigation, intellectual property finance, and intellectual property analysis and evaluation of major economic and sci-tech events to serve industrial development and prevent intellectual property risks.

Implement the Trademark and Brand Strategic Program to guide market entities to build their trademarks and brands.

Establish an intellectual property public service system and set up volunteer teams to provide legal advice, rights protection assistance, dispute mediation and other public services.

Establish a public information service platform to provide intellectual property information services.

Establish platforms for intellectual property trading, copyright trading, and international trading of copyrights in films, television, animations and cartoons.

Promote and regulate the development of intellectual property service industry and strengthen the training of intellectual property talents.

4. Promoting diversified mediation and speedy resolution of intellectual property disputes

Stipulate that parties may apply to intellectual property authorities for an administrative ruling on patent infringement disputes; and establish a mechanism for joint handling with the patent department of the State Council for patent invalidation applications filed by parties.

Encourage the establishment of industry-based professional non-governmental mediation organizations to provide dispute mediation services.

Encourage professional intellectual property service agencies and legal service agencies to provide mediation services.

Competent People's Court establishes a mechanism for dovetailing litigation with mediation and a judicial confirmation system for mediation agreements.

Support arbitration institutions to strengthen their capacity to arbitrate intellectual property disputes.

Publish guidelines on country-specific intellectual property systems and risk warning information, and establish mechanisms for response guidance and rights protection assistance for overseas intellectual property disputes.

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