Qiongfu [2022] No. 39
People's governments of all cities, counties, and autonomous counties, and all units directly under the provincial government; all relevant departments of the National Intellectual Property Administration, relevant departments of the Patent Office, the Trademark Office, and other directly affiliated units of the Administration:
The "Implementation Plan for the Hainan Provincial People's Government and the National Intellectual Property Administration to Jointly Build a Strong Intellectual Property Province for Comprehensively Deepening Reform and Opening Up" has been approved by the Hainan Provincial People's Government and the National Intellectual Property Administration and is now issued to you. Please implement it conscientiously.
Hainan Provincial People's Government National Intellectual Property Administration
November 7, 2022
(This document is disclosed voluntarily)
Hainan Provincial People's Government National Intellectual Property Administration
Implementation Plan for Jointly Build a Strong Intellectual Property Province for Comprehensively Deepening Reform and Opening Up
In order to thoroughly implement General Secretary Xi Jinping's important expositions on intellectual property work and the important instructions and instructions during his inspection of Hainan, to make every effort to create a highland for intellectual property protection and application, and to promote the construction of a new development pattern, the Hainan Provincial People's Government and the National Intellectual Property Administration decided to jointly build a strong intellectual property province for comprehensive deepening of reform and opening up. The implementation plan is as follows.
I. General requirements
(I) Guiding ideology
Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will fully implement the spirit of the 20th CPC National Congress and the First Plenary Session of the 20th CPC Central Committee, thoroughly implement General Secretary Xi Jinping's important expositions on intellectual property work and his important instructions and instructions during his inspection of Hainan, focus on Hainan Province's comprehensive implementation of the "one base, three bases, four beams and eight pillars" strategic framework, take "jointly building a strong province of intellectual property rights for comprehensive deepening of reform and opening up" as the theme, benchmark the world's highest level of openness, strengthen the integrated innovation of intellectual property systems, create a new name card for international cooperation in intellectual property rights, draw a new picture of intellectual property rights to help rural revitalization, and create new advantages in intellectual property competition and development, so as to provide strong support for Hainan to become a new benchmark for comprehensive deepening of reform and opening up in the new era.
(II) Construction goals.
Over the past five years, the mechanism of promoting a strong province of intellectual property rights by the bureau, province, city and county has run more smoothly, Hainan Province's intellectual property policies and regulations have been increasingly improved, the intellectual property creation, application, protection, management and service system has been continuously improved, a number of key projects and major pilot projects have been implemented in Hainan, and a number of institutional innovation achievements with typical demonstration significance have been formed. The construction of a strong province of intellectual property rights has achieved remarkable results, and the comprehensive competitiveness of intellectual property rights has ranked among the top in the country.
II. Contents of joint construction
(I) Focus on comprehensively deepening reform, focus on reform and innovation of systems and mechanisms, and jointly create a source of integrated innovation for the intellectual property system.
1. Promote the reform of the intellectual property management system and mechanism. Improve the comprehensive management system of intellectual property. Hainan, in accordance with the requirements of "one game for the whole province and one city for the whole island", draws on the practical experience of Shanghai Pudong New Area, explores the comprehensive management of other types of intellectual property on the basis of unified management of intellectual property rights such as patents, trademarks, and geographical indications, and opens up the entire chain of intellectual property creation, application, protection, management, and services. Deepen the reform of the intellectual property protection system and mechanism, comprehensively improve the level of intellectual property protection, enhance the system protection capabilities, and form an intellectual property system and mechanism with clear boundaries, reasonable division of labor, consistent responsibilities and powers, and efficient operation. (The Office of the State Intellectual Property Office, the Strategic Planning Department, the Protection Department, the Application Promotion Department, the Public Service Department, etc. are responsible according to their respective duties; the Provincial Intellectual Property Office takes the lead, and the Provincial Organization Department, the Provincial Copyright Bureau, the Provincial Department of Agriculture and Rural Affairs, the Provincial Forestry Bureau, the Provincial Market Supervision Bureau, the Provincial High Court, the Hainan Free Trade Port Intellectual Property Court, etc. are responsible according to their respective duties)
2. Improve the intellectual property policy and system system. Implement the "Hainan Free Trade Port Intellectual Property Protection Regulations" with high standards, focus on creating a legal, international and convenient business environment, benchmark international high-standard economic and trade rules, and do a good job in forward-looking research and policy reserves related to intellectual property. Establish and improve an intellectual property system that effectively supports the freedom and convenience of trade and investment, provide institutional guarantees for the construction of Hainan Free Trade Port, and improve the ability and level of intellectual property governance. Explore the pilot of patent open licensing and promote the application of blockchain technology in intellectual property transactions and evidence storage. (The National Intellectual Property Administration's Legal Department, Joint Office, Strategic Planning Department, Application Promotion Department, Public Service Department, etc. are responsible for their respective duties; the Provincial Intellectual Property Office takes the lead, and the Provincial Copyright Bureau, Provincial Trade Promotion Council, Provincial Department of Agriculture and Rural Affairs, Provincial Forestry Bureau, Provincial Department of Tourism and Culture, Radio, Film and Television, Sports, Provincial Department of Industry and Information Technology, Provincial Department of Commerce, Provincial Department of Justice, Provincial Market Supervision Bureau, Provincial High Court, Provincial Local Financial Supervision Bureau, Haikou Customs, etc. are responsible for their respective duties)
3. Explore the construction of Sanya Yazhou Bay Science and Technology City Intellectual Property Special Zone. Make full use of the policy advantages of Hainan Free Trade Port to implement the "five-in-one" intellectual property comprehensive management system of patents, trademarks, copyrights, geographical indications, and new plant varieties in Sanya Yazhou Bay Science and Technology City, integrate administrative law enforcement, administrative rulings, arbitration mediation, judicial trials, social supervision and other resources, promote the "integrated" intellectual property protection mechanism, and build a full-caliber and full-chain intellectual property protection system in all directions. Give full play to the leading role of Sanya Intellectual Property Protection Center, establish a "one-stop" intellectual property comprehensive service system, promote the "one-stop" intellectual property business service, government service and information service, and realize the "single window" centralized acceptance of intellectual property business. Focus on the scientific and technological innovation and industrial development of "Southern Seed Industry" and "Deep Sea Technology", gather various types of innovation resources, select and cultivate a group of intellectual property advantage demonstration enterprises, implement key core technology patent navigation projects, and create an intellectual property system integrating scientific research innovation, industrial agglomeration, and trade exchanges with a high starting point and high standards. (The National Intellectual Property Administration's Law and Regulations Department, Protection Department, Application Promotion Department, Public Service Department, etc. are responsible according to their respective duties; the Provincial Intellectual Property Administration and the Sanya Municipal Government take the lead, and the member units of the Sanya Yazhou Bay Science and Technology City Intellectual Property Special Zone Construction Promotion Working Group are responsible according to their respective duties)
(II) Focus on high-level opening up to the outside world, focus on benchmarking high-standard international economic and trade rules, and jointly create a new business card for international cooperation in intellectual property.
4. Build my country's international exchange center for intellectual property. Based on the construction of Hainan Free Trade Port, issue special policy documents and take the lead in implementing the intellectual property tasks of the Regional Comprehensive Economic Partnership Agreement (RCEP). Under the overall coordination of the National Intellectual Property Administration, use resources such as the World Intellectual Property Organization (WIPO) and the Boao Forum for Asia platform to deepen international cooperation in intellectual property, especially cooperation with the "Belt and Road" countries, and provide more Hainan experience and practice to tell the story of China's intellectual property and show the image of a civilized and responsible country. Support Hainan in hosting important international exchange activities of the National Intellectual Property Administration. (The Legal Affairs Department and the International Cooperation Department of the National Intellectual Property Administration are responsible according to their respective duties; the Provincial Intellectual Property Administration takes the lead, and the Provincial Copyright Bureau, the Provincial Department of Agriculture and Rural Affairs, the Provincial Forestry Bureau, the Provincial High Court, and the Hainan Free Trade Port Intellectual Property Court are responsible according to their respective duties)
5. Promote the establishment of relevant institutions in Hainan. Actively promote international exchanges and cooperation in arbitration and mediation, and carry out arbitration and mediation of foreign-related intellectual property disputes. Support Hainan's regions with mature conditions to apply for the construction of local sub-centers of the National Overseas Intellectual Property Dispute Response Guidance Center, create a good innovation environment, and support high-level opening up. (The Protection Department and the International Cooperation Department of the National Intellectual Property Administration are responsible according to their respective duties; the Provincial Intellectual Property Administration takes the lead, and the Provincial Copyright Bureau, the Provincial Department of Justice, the Provincial Department of Agriculture and Rural Affairs, the Provincial Forestry Bureau, the Provincial High Court, the Hainan Free Trade Port Intellectual Property Court, and the Hainan International Arbitration Court are responsible according to their respective duties)
6. Provide intellectual property service guarantees for major national exhibitions. Strengthen policy support and provide patent priority review and other services for exhibited products during exhibitions such as the China International Consumer Goods Expo in accordance with relevant requirements. An intellectual property service station will be set up on site, and expert teams in the fields of patents, trademarks, geographical indications, etc. will be stationed to provide services such as intellectual property search consultation, trademark brand operation, rapid dispute resolution, and rights protection complaints. (The National Intellectual Property Administration will take the lead in the Application Promotion Department, and the Protection Department, Public Service Department, Patent Office Examination Department, Trademark Office, etc. will be responsible according to their respective duties; the Provincial Intellectual Property Office and the Provincial Market Supervision Bureau will be responsible according to their respective duties)
(III) Focus on practicing the "two mountains" concept, focus on helping the construction of the National Ecological Civilization Experimental Zone, and jointly draw a new picture of intellectual property rights helping rural revitalization.
7. Strengthen the application of agricultural patent technologies through multiple channels. Focus on the combination of production, education and research, actively explore and carry out research on new varieties and new technologies, guide the transfer and transformation of agricultural patent technologies to counties and villages, and continuously improve product quality and production efficiency. Give full play to the effectiveness of intellectual property information services, solve technical problems such as agricultural product planting and processing, make up for the shortcomings in technology and equipment facilities, and promote industrial upgrading. (The National Intellectual Property Administration's Application Promotion Department and Public Service Department are responsible according to their respective duties; the Provincial Intellectual Property Administration takes the lead, and the Provincial Council for the Promotion of International Trade, the Provincial Department of Science and Technology, the Provincial Department of Agriculture and Rural Affairs, the Provincial Forestry Bureau, etc. are responsible according to their respective duties)
8. Promote the construction of regional trademark brands in all aspects. Implement the trademark brand strategy, plan and build trademark brand guidance stations, promote the creation of a number of characteristic trademarks such as Hainan's unique natural resources, humanities and culture, sports events, and major exhibitions, inherit and develop traditional brands and time-honored brands, and vigorously cultivate well-known trademark brands with international influence. Build a geographical indication product display and promotion center, strengthen the centralized display, sales, and publicity of geographical indication products and agricultural trademark brands, and create market reputation. (The Office of the National Intellectual Property Administration, the Department of Promotion of Application, the Trademark Office, etc. are responsible according to their respective duties; the Provincial Intellectual Property Administration takes the lead, and the Provincial Ethnic and Religious Affairs Commission, the Provincial Copyright Bureau, the Provincial Development and Reform Commission, the Provincial Department of Agriculture and Rural Affairs, the Provincial Forestry Bureau, the Provincial Market Supervision Bureau, the Provincial Department of Commerce, the Provincial Department of Tourism and Culture, Radio, Film and Television, Sports, the Provincial Local Financial Supervision Bureau, the Hainan Supervision Bureau of the China Securities Regulatory Commission, the Provincial Agricultural Reclamation Investment Holding Group Co., Ltd., and all cities and counties are responsible according to their respective duties)
9. Vigorously implement the project to promote the use of geographical indications. Focusing on the effective connection between consolidating the results of poverty alleviation and rural revitalization, implement the project to promote the use of geographical indications in Hainan Province, explore the development path of "sign-product-brand-industry", promote the organic integration of geographical indications with the development of characteristic industries, the construction of ecological civilization, and the inheritance of historical and cultural heritage, and support the construction of "Beautiful Hainan Hundreds of Towns and Thousands of Villages". Build a national intellectual property pilot demonstration park featuring the development of geographical indication industries, strengthen characteristic industries, extend industrial chains, and realize the integrated development of the first, second, and third industries. (The National Intellectual Property Administration is responsible for the Promotion of Intellectual Property; the Provincial Intellectual Property Administration takes the lead, and the Provincial Ethnic and Religious Affairs Commission, the Provincial Development and Reform Commission, the Provincial Department of Agriculture and Rural Affairs, the Provincial Forestry Bureau, the Provincial Market Supervision Bureau, the Provincial Department of Commerce, the Provincial Department of Tourism and Culture, Radio, Film and Television, Sports, the Provincial Local Financial Supervision Bureau, the Hainan Supervision Bureau of the China Banking and Insurance Regulatory Commission, the Hainan Supervision Bureau of the China Securities Regulatory Commission, the Provincial Agricultural Reclamation Investment Holding Group Co., Ltd., and the governments of various cities and counties are responsible according to their respective duties)
(IV) Focus on promoting high-quality development, focus on creating a world-class business environment, and jointly create new advantages for the competitive development of intellectual property.
10. Improve the intellectual property protection system. Deeply implement the "Opinions on Strengthening Intellectual Property Protection" issued by the General Office of the CPC Central Committee and the General Office of the State Council, and accelerate the construction of a large intellectual property protection pattern. Strengthen the guidance of intellectual property administrative law enforcement and improve the level of legal protection of intellectual property. Improve the intellectual property administrative adjudication system and give full play to the role of administrative adjudication. Improve the operating efficiency of the Sanya Intellectual Property Protection Center and guide Haikou to build an intellectual property protection center. Strengthen the overseas layout and risk prevention and control of intellectual property rights to ensure the implementation of the "going out" strategy of key industries. Promote the construction of an integrity system in the field of intellectual property rights, promote the construction of intellectual property arbitration institutions and mediation organizations, and improve the rights protection assistance mechanism. (The Protection Department of the State Intellectual Property Office is responsible; the Provincial Intellectual Property Office takes the lead, and the Provincial Copyright Bureau, the Provincial Department of Justice, the Provincial Department of Agriculture and Rural Affairs, the Provincial Forestry Bureau, the Provincial High Court, the Hainan Free Trade Port Intellectual Property Court, the Haikou Municipal Government, the Provincial Council for the Promotion of International Trade, and the Hainan International Arbitration Court)
11. Improve the intellectual property operation service system. Targeting the science and technology innovation industries such as southern breeding, deep-sea technology, and aerospace technology, build a high-value patent cultivation center to accelerate the formation of a high-value patent portfolio around key core technologies. Promote the implementation of national standards for patent navigation, support the construction of patent navigation service bases, and help solve "stuck neck" technical problems. Implement a special plan for patent transformation, encourage universities and research institutes to share mature patent technologies with enterprises, open up access channels, and promote the transfer and transformation of patent technologies. Promote the construction of the Hainan International Intellectual Property Exchange, and develop and improve intellectual property pledge financing, operating funds, securitization, insurance and other intellectual property financial service systems. Vigorously cultivate and develop the intellectual property service industry, and build an intellectual property service industry cluster in Haikou. (The National Intellectual Property Administration's Application Promotion Department is responsible; the Provincial Intellectual Property Administration takes the lead, and the Provincial Department of Science and Technology, the Provincial Department of Education, the Provincial Local Financial Regulatory Bureau, the Hainan Regulatory Bureau of the China Securities Regulatory Commission, the Hainan Regulatory Bureau of the China Banking and Insurance Regulatory Commission, the Sanya Municipal Government, the Wenchang Municipal Government, etc. are responsible according to their respective duties)
12. Consolidate the foundation of intellectual property work. Coordinate Hainan's information public service resources, increase support for basic data resources for intellectual property, and promote the construction of intellectual property information public service nodes and outlets. Promote the construction of comprehensive intellectual property public service institutions at the prefecture and municipal levels. Support Hainan in building a database of intellectual property rights for key industries. Guide Hainan University, Hainan Normal University and other universities to strengthen the construction of intellectual property disciplines and promote the establishment of an intellectual property college. Support and help Hainan in carrying out intellectual property title evaluation work and increase the training of intellectual property talents. Introduce a group of scarce talents in the fields of intellectual property law, intellectual property management, and intellectual property operations. Promote experience exchange and continuing education for intellectual property practitioners in enterprises and institutions. (The Public Service Department and Personnel Department of the National Intellectual Property Administration are responsible according to their respective duties; the Provincial Intellectual Property Administration takes the lead, and the Provincial Big Data Administration, the Provincial Department of Education, the Provincial Talent Development Bureau, the Provincial Department of Human Resources and Social Security, the Haikou Municipal Government, the Sanya Municipal Government, the Danzhou Municipal Government, etc. are responsible according to their respective duties)
III. Guarantee measures
(I) Strengthen organizational leadership. Convene a conference to promote the comprehensive deepening of reform and opening up of the Hainan Provincial People's Government and the National Intellectual Property Administration to jointly build a strong intellectual property province, and establish the Hainan Provincial People's Government and the National Intellectual Property Administration Intellectual Property Province Construction Committee, with the main leaders of both parties serving as the director of the committee, the leaders in charge serving as deputy directors, and the heads of relevant departments of both parties as members. According to work needs, the annual work meeting of the Intellectual Property Province Construction Committee shall be held irregularly, and the committee director or the entrusted deputy director shall co-chair to coordinate major cooperation matters, summarize and deploy relevant key tasks. In principle, the two sides shall jointly study and formulate detailed work points every 1-2 years to promote the implementation of the strong province construction tasks in a solid and orderly manner.
(II) Strengthen investment guarantees. The National Intellectual Property Administration actively supports Hainan in building a high-standard province of intellectual property rights in comprehensively deepening reform and opening up, promotes the integrated innovation of the intellectual property system, supports the construction of Sanya Yazhou Bay Intellectual Property Special Zone and Hainan International Intellectual Property Exchange, and gives priority to the determination of various pilot demonstration projects, resource layout and support policies. Hainan Province provides supporting policies for the tasks of comprehensively deepening reform and opening up and building a province of intellectual property rights, and guarantees work projects such as the Intellectual Property Protection Center, Sanya Yazhou Bay Intellectual Property Special Zone, and Hainan International Intellectual Property Exchange. Governments at all levels should combine financial resources to guarantee funds, support intellectual property work, and strengthen the construction of intellectual property cadres.
(III) Improve the implementation mechanism. Strengthen the coordinated promotion of the bureau, province, city, and county, optimize the contact and communication mechanism between the bureau and the province, and the National Intellectual Property Administration's Application Promotion Department will communicate with the Hainan Provincial Intellectual Property Administration on a regular basis to jointly study relevant work priorities. Adhere to the "one city, one case" approach to build a strong city, highlight the leading role, and improve the coordinated linkage mechanism between provinces and cities. The Hainan Provincial Intellectual Property Administration will work with the people of relevant cities to strengthen the city's
The government signed an agreement to build a strong city with intellectual property rights or jointly issued a construction plan, and took the lead in promoting the implementation of relevant policies and projects for the construction of a strong province in the city. Adhere to the "one county, one product" to build a strong county, highlight characteristic brands, and establish a contact and guidance mechanism for strong counties. The Hainan Provincial Intellectual Property Office will strengthen contact and guidance for strong counties with intellectual property rights, support pilot demonstration counties with strong intellectual property rights to strengthen working conditions and personnel capacity, and implement relevant specific tasks of the province and city.
(IV) Pay attention to evaluation and publicity. The National Intellectual Property Administration will formulate and improve the evaluation index system for high-quality development, and conduct evaluation and assessment of the construction of Hainan's intellectual property strong province and the pilot demonstration construction of intellectual property rights in cities and counties. Hainan Province will organize self-evaluation of the implementation of relevant tasks in provinces, cities and counties. The two sides will jointly track and supervise the key tasks of the construction of a strong province with intellectual property rights, earnestly summarize the results, timely discover new models, summarize new models, explore new mechanisms, and strive to create a number of "masterpieces" for the construction of a strong province with intellectual property rights, and jointly promote the replication and promotion of typical cases on a larger scale across the country.
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