CNIPA formulates and issues a Promotion Plan for In-depth Implementation of the Opinions on Strengthening Intellectual Property Protection

In order to thoroughly implement the spirit of President Xi Jingping's important speech at the 25th group study session of the Political Bureau of the 19th CPC Central Committee, fully implement the decision-making and deployment of the Central Committee and the State Council on strengthening intellectual property protection, implement the "Opinions on Strengthening Intellectual Property Protection" with high standards, adhere to strict protection, overall coordination, key breakthroughs, and equal protection, promote the overall improvement of protection capacity and level, and strongly support the construction of an intellectual property power, the CNIPA formulated a promotion plan for implementation of the "Opinions on Strengthening Intellectual Property Protection". The plan was officially released on October 28, 2022.

The Plan specifies the timetable for the formulation and revision of IP-related laws and regulations at the next stage; emphasizes the importance of continuously improving examination capacity and puts forward specific requirements for shortening the examination period; strengthens the use of newly promulgated laws and regulations, judicial interpretations, departmental rules, etc. in practice; strengthens enforcement against infringement of intellectual property rights; includes important measures for deepening the reform of the intellectual property protection system and mechanism; and also makes detailed plans for promoting international cooperation and competition in the field of intellectual property rights, safeguarding national security in the field of intellectual property rights, and strengthening the supply of resources and organizational guarantees for intellectual property protection.

The following is a summary of the aspects most relevant to practice:  

 Study and discuss key issues related to basic intellectual property laws, and form a draft of basic intellectual property laws (to be completed by the end of December 2025 and continuously promote thereafter)

 Promote the revision of the Implementing Regulations of the Patent Law of the People's Republic of China and the revision of Guidelines for Patent Examination (to be completed by the end of December 2022)

 Revise the Measures for the Implementation of Administrative Penalties for Copyright, the Trial Measures for Voluntary Registration of Works, the Measures for the Registration of Copyright in Computer Software, and the Measures for the Administrative Protection of Internet Copyright, and formulate the Interim Provisions on the Registration of Copyright in Military Computer Software and relevant provisions on providing works to persons with print disabilities in an accessible manner (to be completed by the end of December 2025)

 Formulate the Regulations on the Protection of Copyright in Folk Literature and Artistic Works and promote its promulgation (to be completed by the end of December 2025 and continuously promote thereafter)

 Form a draft revision of the Regulations of the People's Republic of China on the Protection of New Varieties of Plants (to be completed by the end of December 2022)

 Formulate the Regulations on the Protection of Traditional Knowledge of Chinese Medicine and promote its promulgation (to be completed by the end of December 2022 and continuously promote thereafter)

 Revise the Several Provisions on the Regulation of Acts of Applying for Patents (to be completed by the end of December 2022)

 Promulgate the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Intellectual Property Infringement to further clarify the standards for the application of laws to crimes of intellectual property infringement (to be completed by the end of December 2023)

 Formulate and promulgate the Opinions of the Supreme People's Procuratorate on Comprehensively Strengthening Intellectual Property Procuratorial Work in the New Era (completed by the end of June 2022)

 Formulate and issue the Specification for Electronic Deposit Business Services in the Notary Industry (Trial Version) (to be completed by the end of December 2023)

 Research and formulate a guide manual for trademark administrative enforcement of laws, carry out in-depth research, actively solve the difficult problems in trademark administrative enforcement of laws, further improve the rules for investigation and evidence collection, and standardize the calculation of illegal business turnover (to be completed by the end of December 2023)

 Revise and improve the national standards for enterprise intellectual property management norms (to be completed by the end of December 2025)

 Promote the revision of the Measures for the Protection of Intellectual Property Rights at Exhibitions (to be completed by the end of December 2023)

 Formulate and issue the Guidelines for the Protection of Intellectual Property Rights in Cross-border E-commerce (to be completed by the end of December 2022)

 Formulate and issue the Guidelines for the Protection of Intellectual Property Rights at Exhibitions (to be completed by the end of December 2022)

 Carry out research on the reform of design system (to be completed by the end of December 2025)

 Promote the reform of the utility model system and introduce examination on the obvious lack of inventiveness (to be completed by the end of December 2025)

 Continuously improve patent and trademark examination ability, reduce the examination period of invention patents to 16.5 months or less, keep the examination period for trademark registration stable at 7 months under normal circumstance, and keep the average period for substantive examination of Madrid territorial extension applications stable at 4 months (to be completed by the end of December 2022 and continuously promote thereafter)

 Compile examination guidelines for the protection of new varieties of agricultural plants, complete the acceptance of more than 7,000 applications for agricultural plant variety rights and the granting of more than 3,000 cases, and shorten the examination period by 15 days; establish a management system for the protection of new varieties of forest and grass plants, and promote the intelligentization and facilitation reform of examination and granting of rights of new varieties of forest and grass plants (to be completed by the end of December 2022)

 Formulate and issue guiding opinions on doing a good job in combating infringement and counterfeiting in the new era (to be completed by the end of December 2022)

 Promulgate a number of provisions on the jurisdiction of first-instance civil and administrative intellectual property cases, optimize the jurisdictional layout of technical cases, and further improve the cross-regional trial mechanism for intellectual property cases (to be completed by the end of December 2023 and continuously promote thereafter)

 Formulate the Opinions on Strengthening the Judicial Protection of Intellectual Property Rights in Chinese Medicine to promote the inheritance, innovation and development of Chinese medicine (to be completed by the end of December 2022)

 Guide the application of the Provisions on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Patent Disputes Related to Drugs of Which Applications for Registration are Filed (to be completed by the end of December 2023)

 Continuously carry out special actions for the supervision of the intellectual property agency industry to consolidate the high-pressure situation of cracking down on illegal agency behavior; carry out pilot work on the management of intellectual property agency credit evaluations (to be completed by the end of December 2025)

 Promote the establishment of intellectual property protection centers, and establish and improve mechanisms for the rapid handling of intellectual property disputes (to be completed by the end of December 2025)

 Comprehensively strengthen the system of informing right holders of litigation rights and obligations in criminal cases of intellectual property infringement (to be completed by the end of December 2022)

 Establish and improve the judicial confirmation system for administrative mediation agreements requested by the parties for intellectual property disputes (to be completed by the end of December 2023 and continuously promote thereafter)

 Implement the Implementation Measures for Early Resolution Mechanism for Drug Patent Disputes (Trial Version), and strengthen the construction of early resolution mechanism for drug patent disputes (to be completed by the end of December 2023 and continuously promote thereafter)

 Improve the directory of technical investigators for administrative protection of intellectual property rights, and guide and promote the establishment of technical investigator system in various localities; organize and carry out training on the competence of technical investigators (to be completed by the end of December 2025)

 Implement strict access registration, strengthen the supervision and management of intellectual property-related judicial appraisal institutions and evaluators; explore the establishment of a technical appraisal center for agricultural plant variety disputes; strengthen capacity building for the appraisal of intellectual property infringement, and organize and carry out the work of recommending and recordation of intellectual property appraisal institutions; promote pilot inspections and appraisals for patent and trademark infringement disputes, formulate a series of national standards for intellectual property appraisal norms, and optimize methods for assessing infringement damages (to be completed by the end of December 2025)

 Promote the construction of national intellectual property protection demonstration zones, select and determine several national intellectual property protection demonstration zones, and create a highland for intellectual property protection (to be completed by the end of December 2025)

 Promote the project approval and establishment of the National Copyright Dispute Mediation Center (to be completed by the end of December 2023)

 Carry out national pilot projects for innovation in trade secret protection (to be completed by the end of December 2024)

 Promote the project approval and establishment of the National Agricultural Plant Variety Testing Center (to be completed by the end of December 2023)

 Promote the establishment of the China International Intellectual Property Arbitration Committee (to be completed by the end of December 2025)

 Strengthen the capacity building of state-level overseas intellectual property dispute response guidance center and its sub-centers, promote the construction of overseas intellectual property dispute response guidance mechanism for key industries, and guide enterprises to actively respond to overseas intellectual property disputes (to be completed by the end of December 2024)

 Conduct IP training for Chinese intangible cultural heritage inheritors (to be completed by the end of December 2022)

http://www.cnipa.gov.cn/art/2022/10/28/art_75_179971.html