National Plan for the Protection and Utilisation of Intellectual Property Rights During the 14th Five-Year Plan Period
Updated: 9 09,2022

Circular of the State Council on Issuing the National Plan for the

Protection and Utilisation of Intellectual Property Rights

During the 14th Five-Year Plan Period

GF (2021) No. 20

The people's governments of provinces, autonomous regions and municipalities directly under the central government, the ministries and commissions under the State Council, and its departments:

The National Plan for the Protection and Utilisation of Intellectual Property Rights During the 14th Five-Year Plan Period is hereby issued to you for your implementation.

The State Council

October 9, 2021

National Plan for the Protection and Utilisation of Intellectual Property Rights During the 14th Five-Year Plan Period

In order to implement the decision and plan of the Central Committee of the Communist Party of China (CPC) and the State Council on intellectual property rights, comprehensively strengthen the protection of intellectual property rights, efficiently promote intellectual property rights utilisation, stimulate the innovation vitality of the whole of society, and promote the new development pattern, this plan is formulated in accordance with the 14th Five-Year Plan (2021–2025) and Long-Range Objectives through the Year 2035 of the People's Republic of China and the Outline to Boost China's Competitiveness in the Area of Intellectual Property (2021-2035).

I. The Background of the Plan

During China's 13th Five-Year Plan period (2016–2020), the CPC Central Committee and the State Council placed intellectual property protection in a more prominent position. They strengthened top-level design, deployed and promoted a series of reforms and introduced a series of major policies. They established the sound State Council inter-ministerial joint conference system for the implementation of the intellectual property strategy. The China National Intellectual Property Administration was re-established, the system of intellectual property laws and regulations was improved, and intellectual property judicial reform was promoted, which effectively improved the intellectual property governance capacity of China. Over the past five years, all regions and relevant departments have been thoroughly implementing the National Plan for the Protection and Utilisation of Intellectual Property Rights During the 13th Five-Year Plan Period (2016–2020), continuously implementing the intellectual property strategy, and steadily improving their intellectual property creation capability. The number of invention patents per 10,000 people in China has increased from 6.3 at the end of the 12th Five-Year Plan period (2011–2015) to 15.8. The numbers of patents, trademarks, copyrights, new plant varieties and other intellectual property rights in China have ranked among the top in the world, and the quality therein has been steadily improving. The efficiency of IPR utilisation has continued to improve, the transaction operation has become more active, and the level of transfer and commercialization has continued to improve. The value-added of patent-intensive industries has accounted for more than 11.6% of the gross domestic product (GDP), and the value-added of the copyright industry has accounted for more than 7.39% of the GDP. The protection of intellectual property rights has significantly increased, the protection system has improved, and the protection capacity has been continuously enhanced. The social satisfaction of intellectual property protection has increased to 80.05 points. The public service system of intellectual property rights has improved, and the development of intellectual property services has been accelerated. The ranks of intellectual property professionals have grown, and the public's awareness of respecting and protecting intellectual property rights has increased markedly. China has deepened its intellectual property cooperation with other countries and has made steady progress in its intellectual property cooperation with the World Intellectual Property Organization, with other Belt and Road countries and regions, with other BRICS countries and with APEC, creating a new phase of international intellectual property cooperation characterized by multilateral cooperation and coordination. A new situation of international cooperation in intellectual property has been formed. On the whole, the main targets and objectives of the National Plan for Intellectual Property Rights Protection and Utilisation during the 13th Five-Year Plan Period have been completed as scheduled, intellectual property rights have made great progress by leaps and bounds, and China has made historic achievements in intellectual property protection, effectively contributing to making China a country of innovators and completing the moderately prosperous society in all respects.

The world today is undergoing a major change of a kind unprecedented in a century, with a new round of scientific and technological revolution and industrial change in progress, profound adjustment of the international balance of power, an increasingly complex international environment, and an obvious increase in instability and uncertainty, as well as the far-reaching impact of the Covid-19 pandemic. China is in a critical period to achieve the rejuvenation of the Chinese nation, and its economy has shifted from the stage of high-speed growth to the stage of high-quality development. China is deepening the implementation of the innovation-driven development strategy, accelerating the building of a modern industrial system, and continuing to deepen its high-level opening up. Innovation is the primary force driving development, and the protection of intellectual property rights is to protect innovation. The protection of intellectual property rights has a great bearing on the modernization of China's system and capacity for governance, on high-quality development, on people's well-being, on the overall progress in the country's opening up and on its national security. At present, intellectual property rights are playing an increasingly important role in stimulating innovation, building brands, regulating market order and expanding opening up, but China's intellectual property rights are still facing many problems and shortcomings including:

creation of high-quality intellectual property rights in key core technologies is insufficient;

there is a poor coordination between administrative and judicial enforcement;

intellectual property infringement is prone to occur frequently and it remains difficult to enforce intellectual property rights;

the effectiveness of IPR transfer and commercialization needs to be improved;

the supply of IPR services is not sufficient;

the ability to deal with overseas IPR disputes is insufficient; and

the IPR system has to play a better role in promoting high-quality economic and social development.

To improve intellectual property rights during the 14th Five-Year Plan period, it is necessary to give full consideration to both domestic and international imperatives, enhance the awareness of opportunities and risks, turn crisis into opportunity, create a new phase based on changes, and ensure that the intellectual property system contributes to the new development pattern in order to provide strong support for building a modern socialist country in all respects.

II. Overall Requirements

1. Guiding thought

The guiding thought for intellectual property rights protection and utilisation is as follows:

follow the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era;

fully implement the guiding principles from the 19th CPC National Congress and the second through fifth plenary sessions of the 19th CPC Central Committee;

ensure coordinated implementation of the five-sphere integrated plan and the four-pronged comprehensive strategy;

uphold the underlying principle of pursuing progress while ensuring stability;

take into account the fact China is a new phase of development;

ensure the complete, accurate and comprehensive implementation of the new development philosophy;

develop a new development pattern;

pursue high-quality development as the general aim, comprehensively strengthen intellectual property protection, make China a country that is strong on intellectual property rights as the objective, and seek reform and innovation as the fundamental motivation;

deepen the reform of the institutions and mechanisms for intellectual property protection;

improve intellectual property creation, utilisation, protection, management and service;

deepen international intellectual property cooperation;

promote the modern economic system;

stimulate the innovation vitality of the whole of society; and

support high-quality economic and social development.

2. Basic principles

Improving the quality

This is to keep oriented toward high-quality development, accelerate the shift of the focus of intellectual property work from quantity to quality, and promote the high-quality creation, efficient use, high-standard protection, high-level service for intellectual property in order to better serve the building of modern economic system.

Strengthening protection

This is to strengthen the whole-chain protection of intellectual property rights, coordinate intellectual property rights examination and granting, administrative enforcement, judicial protection, arbitration and mediation, industry self-discipline, and citizen integrity, build a work pattern of strict protection, overall protection, fast protection, and equal protection, comprehensively improve the protection capacity, and strive to create a fair and competitive market environment.

Pursuing open cooperation

This is to promote opening up in the field of intellectual property on a wider scale, in a broader field and at a deeper level, coordinate intellectual property cooperation with other countries, actively participate in the development of the global intellectual property governance system, strengthen multilateral cooperation on intellectual property, continuously enhance China's international influence and competitiveness in intellectual property, and serve the development of an open economy.

Pursuing systemic collaboration

This is to establish the concept of system, improve the mechanism for collaborative promotion of intellectual property work, strengthen collaboration among departments, between upper and lower levels, and among regions, and social co-governance, and make comprehensive use of legal, administrative, economic, technological and social governance means to improve the effectiveness of systemic governance.

3. Main objectives

By 2025, the phased goal of making China strong on intellectual property rights will be attained on schedule, the intellectual property governance capacity and level of the country will significantly improve, and there will high-quality development in intellectual property rights, which will effectively support innovation-driven development and the high-standard market system, and strongly promote high-quality economic and social development.

-Intellectual property protection will reach a new level.

Intellectual property protection will become increasingly law-based and the coordination mechanism for intellectual property protection will improve. The punitive compensation system for intellectual property infringement will be effectively implemented and the phenomenon that intellectual property infringement is prone to occur frequently will be effectively curbed. The social satisfaction of intellectual property protection will reach and maintain a high level and more high-quality intellectual property rights will emerge in key core technologies. The industrial chain and supply chain will be effectively modernized and the intellectual property system will fully function as a stimulus to innovation.

-Progresses will be made in the utilisation of intellectual property rights.

The system and mechanism of IPR transfer and commercialization will improve, the IPR ownership system will improve, and the flow of IPR will be smoother, and benefits of IPR commercialization will significantly increase. The market value of IPR will become more prominent, and the value-added of patent-intensive industries and the value-added of copyright industries will steadily increase as a proportion of GDP, which will promote industrial transformation and upgrading and the innovation-driven development of emerging industries.

-IPR services will reach a new level.

There will be remarkable results in IT application and intelligent infrastructure development for intellectual property, and intellectual property rights will be protected both online and offline. The public service system of intellectual property will further improve, the intellectual property service industry will develop in an orderly manner, and intellectual property service institutions will become more professional. This will ensure that the fruits of innovation better benefit the people.

-New breakthroughs will be made in China's intellectual property cooperation with other countries.

China will play a more prominent role in the global intellectual property governance system and will be more effective in international coordination of intellectual property rights. Fresh progress will be made in Belt and Road intellectual property cooperation, and China will become better able to obtain and defend intellectual property rights overseas, which effectively improves opening up.

Main Indicators of Intellectual Property Development

during the 14th Five-Year Plan Period

Indicators

2020

2025

Accumulative   change

Indicator type

1. Number of high-value invention   patents per 10,000 population[1]

6.3

12

5.7

Anticipated

2. Number of overseas invention   patents granted

4

9

5

Anticipated

3. Registered amount of intellectual   property pledge financing[2] (billion yuan)

2180

3200

1020

Anticipated

4. Total annual import and export of   intellectual property royalties (billion yuan)

3194.4

3500

305.6

Anticipated

5. Value-added of patent-intensive   industries as a proportion of GDP (%)

11.6[3]

13.0

1.4

Anticipated

6. Value-added of the copyright   industry as a proportion of GDP (%)

7.39[4]

7.5

0.11

Anticipated

7. Social satisfaction with intellectual   property protection (points)

80.05

82

1.95

Anticipated

8. Rate of first-instance intellectual   property cases in which no repeal was made

-

85

-

Anticipated

III. Comprehensively Strengthening the Protection of Intellectual Property

Rights and Stimulating the Innovation Vitality of the Whole of Society

4. Improving the legal and policy system of intellectual property

Improving intellectual property laws and regulations

Basic legal research will be carried out on intellectual property rights. Coordinated efforts will be made to revise and improve the Patent Law, Trademark Law, Copyright Law, Anti-Monopoly Law, Science and Technology Progress Law, E-Commerce Law and other relevant laws and regulations. Legislation in geographical indications, trade secrets and other areas will be strengthened. The Regulations on Trade Secret Protection will be promulgated. The laws and regulations on the layout design of integrated circuit will be improved. The Regulations on the Protection of New Plant Varieties will be revised. The Regulations on the Protection on the Knowledge of Traditional Chinese Medicine will be developed. The legal system of intellectual property rights in line with national defense development will be improved. The punitive compensation system for intellectual property infringement will be comprehensively established and implemented and compensation will be increased for damage. Research will be conducted on establishing a sound legal system of special procedures in line with the laws of intellectual property trials. To keep in line with scientific and technological progress and economic and social development, intellectual property laws and regulations will be enacted, revised, repealed or interpreted in accordance with the law and in a timely manner. (This will be done by the Central Publicity Department, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Justice, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, the National Health Commission, the State Administration for Market Regulation, the State Administration of Science, Technology and Industry for National Defense, the National Forestry and Grassland Administration, the National Administration of Traditional Chinese Medicine, the China National Intellectual Property Administration, and the Central Military Commission's Equipment Development Department in accordance with their respectively responsibilities.)

Box 1 The   Trade Secret Protection Project

Improving   trade secret protection policy

The   administrative enforcement procedures will be improved, penalty standards   will be made more detailed, and the criminal judicial procedures will be improved.   The administrative enforcement of trade secrets will be better coordinated   with civil and criminal judicial trials, and the burden of proof will be   delineated reasonably. The trade secret judicial appraisal capacity will be   improved and the judicial appraisal capability will be enhanced.

Enhance   the ability of market entities to protect their trade secrets

Efforts   will be made to ensure industry organizations strengthen self-discipline on   trade secret protection, guide market entities to develop and strictly   implement a comprehensive trade secret management system, and ensure that   national trade secret protection bases are established in places where   conditions permit. A sound cross-border trade secret protection assistance   system will be established. Training will be carried out on trade secret   protection and legal risks, and the awareness of market players, especially   small and medium-sized enterprises on trade secret protection, will be   increased. (This will be done by the State Administration for Market   Regulation, the Supreme People's Court, the Supreme People's Procuratorate   and the Ministry of Public Security under the leadership of the State   Administration for Market Regulation in accordance with their respective   responsibilities.)

Improving intellectual property protection policies

The protection system of intellectual property rights in new fields such as big data, artificial intelligence, gene technology will be improved. Research will be conducted on establishing data intellectual property protection rules. The open source intellectual property and legal systems will be improved. The intellectual property protection mechanism for e-commerce will be refined. The system of access to genetic resources and benefit sharing will be improved, and a cross-sectoral information sharing system for access to biogenetic resources and benefit sharing will be established. Protection measures in the fields of traditional culture, folklore and traditional knowledge will be developed. A system for the protection of intellectual property rights related to intangible cultural heritage will be established. The copyright protection system in the fields of sports event programs, variety shows, and live webcasts will be improved. The copyright protection measures for outstanding stage art works such as red classics will be refined. Policies for the protection of intellectual property rights in fashion industries such as clothing design will be improved. The mechanism for early resolution of drug patent disputes will be refined and relevant supporting measures will be formulated. The examination and protection mechanism for invention patents in the field of traditional Chinese medicine will be improved. The intellectual property protection system for green technology will be improved. The management regulations of intellectual property protection in universities will be improved. A damage assessment system for intellectual property infringement will be established. (This will be done by the Central Publicity Department, the Cyberspace Administration of China, the Supreme People's Court, the Ministry of Education, the Ministry of Finance, the Ministry of Ecology and Environment, the Ministry of Culture and Tourism, the State Administration for Market Regulation, the National Radio and Television Administration, National Forestry and Grass Administration, the National Administration of Traditional Chinese Medicine, the National Medical Products Administration, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box   2 The Data Intellectual Property Protection Project

Establishing   intellectual property rules for data protection

In-depth   research will be conducted on the ownership properties of data and on legislation   related to data intellectual property protection to improve laws and   regulations related to data intellectual property protection. Data   intellectual property protection policies will be improved and efforts will   be made to explore the establishment of a graded and classified data   intellectual property protection model. Efforts will be made to promote   industry norms for data intellectual property protection and strengthen   intellectual property protection in the process of data production, circulation,   utilisation and sharing. Research will be conducted to contribute to the   formulation of international rules for data intellectual property protection.

Promoting the   use and security protection of data resources

Support will   be given to areas where conditions permit to carry out pilot data   intellectual property protection and utilisation. On the basis of protecting   the security of personal information and national data, efforts will be made   to promote the reasonable flow, effective protection and full utilisation of   data elements. International cooperation and exchanges on data intellectual   property protection will be actively carried out. (This will be done by the   Central Publicity Department, the Cyberspace Administration of China, the   Supreme People's Court, the Ministry of Foreign Affairs, the Ministry of   Industry and Information Technology, the Ministry of Public Security, the   Ministry of Justice, the Ministry of Commerce, the State Administration for   Market Regulation and the China National Intellectual Property Administration   based on their respective responsibilities.)

Improving intellectual property policies for safeguard national security

Research will be conducted on the formulation of rules for the protection of intellectual property rights of key core technologies related to national security. The foreign transfer of intellectual property rights related to national security will be managed in accordance with the law and the review system for foreign transfer of intellectual property rights will be improved. Anti-monopoly and fair competition laws, regulations, policies, and measures on intellectual property will be refined. The extraterritorial utilisation of the relevant legal provisions on intellectual property rights in China will be promoted. Research will be conducted on the establishment of a system for the domestic protection of intellectual property rights for import trade. The rules of intellectual property protection for cross-border e-commerce will be improved. (This will be done by the Central Publicity Department, the Cyberspace Administration of China, the National Development and Reform Commission, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Commerce, the State Administration for Market Regulation, the State Administration of Science, Technology and Industry for National Defense and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

5. Strengthening the judicial protection of intellectual property rights

Improving the judicial protection system of intellectual property rights

The allocation of judicial resources for intellectual property rights will be stepped up and the intellectual property rights trial system will be strengthened. The appeal mechanism for intellectual property cases will be improved and the setup of specialized courts will be refined. Reform will be carried out to establish the three-in-one trial mechanism for civil, criminal and administrative intellectual property cases. The intellectual property prosecution system and mechanism will be improved. A sound case jurisdiction system and coordination mechanism compatible with the trial and prosecution mechanisms will be established. The mechanism for separating simple and complicated intellectual property judicial cases will be improved, and simple procedures adapted to the characteristics of intellectual property trials will be tried out to improve the quality and efficiency of trials. The system of judicial confirmation of administrative mediation agreements for intellectual property disputes based on the applications of the parties will be explored. Efforts will be made to establish a mechanism for hearing intellectual property cases across administrative regions, give full play to the mechanism for designating jurisdiction over court cases, and effectively break local protection. (This will be done by the Supreme People's Court and the Supreme People's Procuratorate in accordance with their respective responsibilities.)

Enhancing the capacity of judicial protection of intellectual property rights

The communication and sharing of information between judicial protection and administrative confirmation, administrative enforcement, mediation, arbitration and notary public will be strengthened to unify administrative enforcement standards and judicial adjudication standards, and form an operating mechanism that is connected and complementary. Civil judicial protection will be strengthened and research will be conducted on the establishment of litigation norms in line with the laws of intellectual property cases. Criminal laws and judicial interpretations will be improved, and criminal crackdowns will be increased. The standards for the transfer of administrative enforcement to criminal justice for intellectual property and the standards for filing and pursuing criminal cases will be accurately applied, and the application of penalties will be regulated. The training and selection of judicial staff for intellectual property rights will be stepped up and the ranks of technical investigation officers will be strengthened. (This will be done be the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security in accordance with their respective responsibilities.)

6. Strengthening the administrative protection of intellectual property rights

Improving the administrative protection mechanism for intellectual property rights

The power of the central authorities in the macro management of intellectual property protection, regional coordination and coordination of foreign-related matters will be increased. Institutions for fast intellectual property protection will be strengthened. National pilot demonstration zones for intellectual property protection will be established in areas where conditions are ripe. The guidance system for administrative enforcement of intellectual property rights will be strengthened. A system of technical investigators for administrative intellectual property protection will be established. The administrative adjudication system for intellectual property infringement disputes will be improved. The mechanism for collaboration on cross-regional and interdepartmental intellectual property administrative protection will be refined. Intellectual property protection will be strengthened in commerce and circulation, national norms for intellectual property protection in commodity trading markets will be formulated, and continued efforts will be made to strengthen the standardized market for intellectual property protection in order to purify the consumer market. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department, the Ministry of Culture and Tourism, and the State Administration for Market Regulation under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box 3 The Project for Strengthening Intellectual   Property Protection Institutions

Improving   the service capacity of intellectual property protection institutions

A   number of intellectual property protection centers will be built in areas   with a large concentration of advantageous industrial clusters. A rapid   collaborative intellectual property protection system will be established to   provide one-stop comprehensive intellectual property rights services that   integrate rapid examination, rapid confirmation and rapid enforcement of   rights. The improvement of the operational management capacity of rapid   collaborative intellectual property protection will be accelerated. Staffing   will be strengthened and personnel will be made more professional and   specialized. The talent selection and recruitment mechanism and management   incentive mechanism will be improved and training will be intensified to   build high-caliber and professional talent for intellectual property   protection.

Strengthening   coordination rights protection assistance

Departmental   coordination and regional collaboration will be strengthened. The rights   protection assistance system will be extended to the grassroots, and the   online service platform for China's intellectual property rights protection   assistance will be improved. The integration of national resources for rights   protection assistance will be strengthened, and rights protection assistance   services will be incorporated into a single network. (This will be done by   the China National Intellectual Property Administration.)

Improving the effectiveness of administrative protection of intellectual property rights

The National Leading Group for Combating Intellectual Property Rights Infringement and the Manufacture and Sale of Counterfeit and Shoddy Goods will play a better role. Departmental coordination will be strengthened. Special administrative enforcement actions will be taken in key sectors, key areas and key regions, with a focus on investigating and dealing with illegal acts such as patent counterfeiting, trademark infringement, copyright infringement and geographical indication infringement and counterfeiting. Administrative penalties will be increased and administrative adjudication of infringement disputes will be strengthened to effectively curb malicious infringement, repeated infringement, and group infringement. The criteria for judging patent and trademark infringement will be improved. The new plant variety protection system will be strengthened. The customs protection of intellectual property rights will be strengthened. The protection of special marks, official marks and Olympic marks will be enhanced. The staffing and capacity building of IPR administrative enforcement and administrative adjudication teams will be strengthened. IPR administrative enforcement equipment will be made more modern and intelligent. New technological means will be used to unblock complaint and reporting channels and combat infringement and counterfeiting more efficiently and accurately. IPR abuse will be regulated in accordance with the law and continued efforts will be made to improve the system related to preventing IPR abuse. (This will be done by the Central Publicity Department, the Ministry of Agriculture and Rural Development, the Ministry of Culture and Tourism, the General Administration of Customs, the State Administration for Market Regulation, the State Forestry Bureau, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box 4 The   Project to Improve the Plant Variety Protection System

Improving   the institutions and mechanisms for the protection of new plant varieties

A   substantial derivative variety system will be established. Research will be   conducted on accession to the 1991 Act of the International Convention for   the Protection of New Varieties of Plants (UPOV), and independent innovation   will be effectively stimulated in the seed industry. The development of the   Xuzhou and Sanya national plant variety testing centers will be accelerated,   and the establishment of regional collaborative centers for variety rights   review and third-party testing institutions will be explored. The development   of infrastructure such as national germplasm resource banks, genetic material   preservation banks and asexual propagation plant preservation nurseries will   be accelerated. The establishment of an international mutual recognition   mechanism of test reports will be sped up, participation in the development   of international online application platforms will be deepened, and the   application of variety rights overseas will be encouraged.

Improving   the capacity to protect new plant varieties

Great   efforts will be made to carry out special actions to protect rights and fight   against counterfeits, and efforts will be increased to investigate and handle   administrative enforcement cases of variety rights. Leading cases will be   made public on a regular basis. The establishment of a professional variety   protection examiner system will be explored and national variety protection   training bases will be established. A number of highly qualified   professionals will be trained  for   intellectual property management, new variety review and testing,   administrative enforcement, and policy research. (This will be done by the   Ministry of Agriculture and Rural Affairs, the National Forestry and   Grassland Administration, and the China National Intellectual Property   Administration in accordance with their respective responsibilities.)

Box 5 The   Geographical Indication Protection Project

Upgrading   geographical indications protection

Progress   will be made in establishing a mechanism for the identification and   multifaceted protection of geographical indications. The pilot reform of the   approval of the use of the special indications of geographical indications   will be carried out, the supervision of the use of the special indications of   geographical indications will be strengthened, and efforts will be made to   ensure that more than 80% of market entities use the special indications of   geographical indications. A new system of standards for geographical   indication protection will be established, and the development of basic   general national standards for geographical indication protection will be   promoted. A general survey of agricultural resources with regional   characteristics will be carried out and a resource directory will be put in   place. One hundred national demonstration zones for the protection of   geographical indication products will be established. The annual report   system of geographical indication protection supervision will be improved. The   establishment of a coordinated protection mechanism for geographical   indications will be explored, and the working pattern of coordinated   investigation and punishment of infringement of geographical indications at   the places of production, circulation and sales will be established. (This   will be done by the China National Intellectual Property Administration, the   General Administration of Market Regulation, and the Ministry of Agriculture   and Rural Affairs under the leadership of the China National Intellectual   Property Administration in accordance with their respective   responsibilities.)

Launching   the project to protect the agricultural products of geographical indications

The   protection and cultivation of germplasm resources and special varieties in their   native places will be stepped up and the integration and monitoring of the   technologies to maintain special qualities will be strengthened. Greater   efforts will be made to protect the production environment and improve   protection facilities and conditions, the technical standards for the quality   of the agricultural products of geographical indications will be improved,   the whole industry chain will be standardized, and a number of core bases of   the agricultural products of geographical indications will be created. The   development of the agricultural products of geographical indication and green   and organic agricultural products and important agricultural cultural   heritage will be integrated, and public brands of regional agricultural   products will be developed. The quality and safety supervision of the   agricultural products of geographical indications will be strengthened and   traceability management will be implemented across the board. Sound   cultivation, protection and development mechanisms of the agricultural   products of geographical indications will be established. (This will be done   by the Ministry of Agriculture and Rural Affairs and the China National   Intellectual Property Administration in accordance with their respective   responsibilities.)

7. Strengthening the collaborative protection of intellectual property rights

Improving the mechanism for diversified settlement of intellectual property disputes

Intellectual property mediation organizations, arbitration institutions, and notary institutions will be fostered and developed. Industry associations and chambers of commerce will be encouraged to establish self-regulatory and information communication mechanisms for intellectual property protection. Sound selection, training, management and incentive systems for intellectual property mediation, arbitration, notary public and social supervision talents will be established. Mechanisms for accepting and handling complaints about intellectual property disputes, coordinating litigation and mediation, coordinating mediation and arbitration, and coordinating administrative enforcement and mediation and arbitration will be improved. The mode of social co-governance for rights protection assistance will be explored and universities and social organizations will be encouraged to carry out rights protection assistance work. A sound inspection and appraisal system for intellectual property infringement disputes will be put in place, intellectual property appraisal institutions will be made more professional and standard, and technical standards for intellectual property appraisal will be developed. A diversified mechanism for handling intellectual property disputes in national defense will be established. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department, the Supreme People's Court, the Ministry of Justice, the State Administration of Science, Technology and Industry for National Defense, the Central Military Commission's Equipment Development Department, and the China Council for the Promotion of International Trade under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Strengthening the integrity system for intellectual property

Progress will be made in establishing credit-based graded and classified regulatory model for intellectual property, and full support will be given to local pilot work. A basic catalog of credit information covering patents, trademarks, and copyrights will be developed. Progress will be made in establishing a credit commitment system for intellectual property. The criteria and procedures for identifying the list of serious defaulters for intellectual property will be standardized, and disciplinary measures will be implemented against serious defaulters in accordance with the law. The intellectual property credit repair system will be developed. Data will be shared between the national intellectual property credit information sharing platform and the national credit information sharing platform. (This will be done by the Central Publicity Department, the National Development and Reform Commission, the Ministry of Agriculture and Rural Development, the People's Bank of China, the State Administration for Market Regulation, the National Forestry and Grassland Administration, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

8. Strengthening intellectual property protection at the source

Promoting high-quality creation of intellectual property rights

The policy of supporting high-quality creation will be improved and the creation and reserve of independent intellectual property rights will be strengthened in artificial intelligence, quantum information, integrated circuits, basic software, life and health, brain science, biological breeding, air and space science and technology, and deep earth and deep sea exploration. The intellectual property management of national science and technology projects will be strengthened, and the layout and quality management of the scientific and technological achievements of key projects in all aspects of project establishment and organization and implementation will be enhanced. Incentive policies and evaluation mechanisms for patent grants and awards will be improved, and the orientation for high-quality development will be stressed. The intangible asset evaluation system will be improved and a management mechanism that coordinates incentive and supervision will be established. (This will be done by the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Finance, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Improving the quality and efficiency of IPR examination

The intellectual property examination management system will be improved to meet the needs of innovation-driven development, and the collaboration mechanism of patent and trademark examination will be refined. The capacity of patent and trademark examination institutions will be raised, the quality control of the whole process of examination of patents, trademarks, copyrights, geographical indications and new plant varieties will be improved, and the quality of intellectual property rights granting and confirmation will be refined. The capability of refined management of patent and trademark examination will be enhanced, the allocation of examination resources will be improved, more intelligent technology will be used, examination will be made more efficient and the examination period will be shortened. The patent and trademark examination modes will be improved, and policies and business will be better coordinated for examination and industrial development to meet the diversified needs of society such as green commercialization of industries and the innovation-driven development of new sectors and new business models. (This will be done by the Central Publicity Department, the Ministry of Industry and Information Technology, the Ministry of Agriculture and Rural Development, the National Forestry and Grassland Administration, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box 6 The   Project to Develop First-Class Patent and Trademark examination Institutions

Building   a high-caliber team of examinationers

The   examination talent training system will be improved, the team structure will   be refined, the protection and incentive mechanism will be improved, and the   sense of professional honor of the examinationers will be enhanced in light   of the international advanced level.

Making   examination more intelligent and convenient

With   the support of big data, cloud computing, artificial intelligence and other   technologies, and with intelligent examination and intelligent search as the   core, intelligent classification will be strengthened, and patent and   trademark examination systems will be made more intelligent. The protection   of remote examination will be improved. Data resource security will be   refined and the integrity, security, reliability and applicability of basic   data will be enhanced.

Improving   the quality of examination

The   patent examination guidelines will be revised in a timely manner, patent   utilisation guidelines will be developed, and the trademark examination and   trial standards will be improved. Sound systems for ensuring the quality of   patent and trademark examination will be established. examination and   business guidance systems will be better coordinated. The user satisfaction   index of patent examination quality will be kept above 85, and the   satisfaction level of trademark examination quality will be maintained at a   high level.

Making   examination more efficient

The   invention patent examination period will be reduced to within 15 months, and   the period to reject invalid patents will be kept within 6 months. The first   examination period for trademark changes and renewals will be cut to within   15 days, the first examination period for trademark transfers will be reduced   to within 1 month, the average hearing period for trademark rejection   examination cases will be cut to within 5.5 months, and the trademark   opposition examination period will be further reduced. (This will be done by   the China National Intellectual Property Administration.)

Strengthening the quality supervision of intellectual property applications and registration

The quality- and value-oriented statistical index system for intellectual property rights will be improved, and the statistical monitoring and feedback mechanism for intellectual property rights quality will be refined. Patent applications, trademark registrations and copyright registrations will be strictly regulated, abnormal patent applications and agency practices that are not aimed at protecting innovation, as well as malicious trademark registrations and agency practices that are not aimed at use will be cracked down on, and related actions will be dealt with in accordance with laws and regulations. Credit supervision and industry self-discipline will be strengthened, and unqualified patent agents and other illegal and unlawful acts will be cracked down upon. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department, and the National Bureau of Statistics under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

IV. Improving the Effectiveness of Intellectual Property Transfer

and Commercialization, and Supporting the Innovation-Driven

Development of the Real Economy

9. Improving the institutions and mechanisms for the transfer and commercialization of intellectual property rights

Accelerating the reform of the distribution of the benefits from state-owned intellectual property rights

The national strategic scientific and technological strength will be increased, the reform of the right to use, dispose of and benefit from scientific and technological achievements will be deepened, and the pilot project of giving scientific researchers the ownership or long-term right to use scientific and technological achievements will be carried out. Universities and research institutes will be granted full autonomy to dispose of their intellectual property rights, and progress will be made in establishing a mechanism for the distribution of income from the commercialization of intellectual property rights under which rights match responsibilities will be established. The reward and remuneration system for the commercialization of intellectual property rights in state-owned enterprises will be effectively implemented. The decision-making mechanisms for the transfer and commercialization of intellectual property rights of state-owned enterprises and institutions will be improved. (This will be done by the National Development and Reform Commission, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Finance, the Ministry of Human Resources and Social Security, the State-Owned Assets Supervision and Administration Commission of the State Council, the Chinese Academy of Sciences, the State Administration of Science, Technology and Industry for National Defense, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Improving the intellectual property operation service system

Intellectual property operation centers will be established in key industries and industrial clusters. Comprehensive IPR operation service platforms will be fostered and developed, service models will be innovated and IPR commercialization will be promoted. Support will be given to universities and research institutes to strengthen market-oriented intellectual property operation institutions and become better able to commercialize intellectual property. The professional talents for IPR operation will be strengthened. A sound patent open licensing system and operation mechanism will be established. The supply patent technology will be broadened, the supply and demand of patent technology will be better coordinated, and the commercialization of patent technology will be promoted. Intellectual property transactions will be guided and regulated, the management system of intellectual property pledge registration and transfer license recording will be improved, and data collection, analysis, disclosure and utilisation will be strengthened. The statistical survey on the status of IPR transfer and commercialization will be strengthened. (This will be done by the Central Publicity Department, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Finance, the National Bureau of Statistics, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Actively and steadily developing intellectual property finance

The intellectual property pledge financing system will be improved, the risk management mechanism of intellectual property pledge financing will be refined, the disposal mechanism of pledges will be improved, and an information platform for intellectual property pledge will be developed. Support will be given to banks to create new internal assessment and management modes. Efforts should be made to ensure the banking sector and financial institutions use a separate credit plan and improve the non-performing rate assessment and other regulatory policies, and expand intellectual property pledge loans under the premise of risk control. The innovation of financial products such as intellectual property insurance and credit guarantee will be encouraged and finances will play a better role in supporting the commercialization of intellectual property. Innovation in financial services for intellectual property will be promoted in pilot free trade zones and free trade ports. The IPR value assessment system will be improved and the development of intelligent IPR assessment tools will be encouraged. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department, the National Development and Reform Commission, the Ministry of Finance, the People's Bank of China, the Banking and Insurance Regulatory Commission and the Securities and Futures Commission under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Better coordinating the use of industrial intellectual property

The in-depth cooperation among enterprises, universities and research institutions on intellectual property rights will be promoted, and guidance will be given toward order-based R&D and placement-based innovation. The layout and utilisation of patents will be strengthened with a focus on joint research on key core technologies. Guidance will be given toward establishing industrial patent navigation decision-making mechanisms, the development mode of strategic emerging industries will be improved, and the innovation leadership of industrial clusters will be enhanced. Industrial intellectual property alliances will be established in the digital economy, intelligent manufacturing, life and health, and new materials, and industrial patent pools will be put in place. The development of technology, patents and standards will be coordinated, research will be conducted on the development of guidelines for standard-essential patent licensing, and innovation entities will be guided to transform their independent intellectual property rights into technical standards. The mechanism of two-way commercialization of intellectual property rights between the military and the civil sectors will be improved. (This will be done by the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the State Administration for Market Regulation, the Chinese Academy of Sciences, the State Administration of Science, Technology and Industry for National Defense, the China National Intellectual Property Administration, and the Central Military Commission's Equipment Development Department in accordance with their respective responsibilities.)

Box 7 The   Patent Navigation Project

Improving   the patent navigation work system

Supporting measures for the   development of local patent navigation industries will be introduced.   Enterprises, universities, scientific research institutions, and industry   associations will be guided toward widespread implementation of national   standards for patent navigation guidelines, especially toward the   standardization of patent navigation services, evaluation, training,   organization and implementation. Theoretical research, practical guidance and   technical support for patent navigation will be strengthened, patent   navigation business guidance centers will be developed, and support will be   given to establishing patent navigation service bases in key regions and key   industrial parks. Patent navigation demonstration projects will be launched,   the evaluation of patent navigation projects will be strengthened, and   market-oriented patent navigation services will be guided and regulated.

Improving   patent navigation utilisation modes

The patent navigation decision-making   mechanism based on industrial data and patent data will be improved, new   patent navigation service modes will be created, and patent navigation   application scenarios will be deepened. Patent navigation data products,   analysis tools and utilisation platforms will be developed. Patent navigation   projects will be launched in key areas and industries, key core technology   research will be guided, and the layout of industrial patents will be   strengthened to help guarantee the stability and security of industrial   chains and supply chains. (This will be done by the China National   Intellectual Property Administration, the Ministry of Education, the Ministry   of Science and Technology, the Ministry of Industry and Information   Technology, and the Chinese Academy of Sciences under the leadership of the   China National Intellectual Property Administration in accordance with their   respective responsibilities.)

10. Enhancing the efficiency and effectiveness of intellectual property transfer and commercialization

Making innovators' intellectual property management more effective

Efforts will be made to ensure that innovators make their intellectual property management more standard and that international standards of intellectual property management are implemented in the innovation process. Work will be done to help central government enterprises establish sound intellectual property work systems and build a number of internationally competitive enterprises which are strong on intellectual property. The implementation of the project to promote the intellectual property strategy in small and medium-sized enterprises will be deepened. The cultivation and development of intellectual property advantages of enterprises, universities and research institutes will be promoted by grade and category. Innovators will be guided toward establishing sound management systems of intellectual property assets and work will be done to help enterprises do a good job in disclosing intellectual property accounting information. A sound declaration system and supervision mechanism for the intellectual property rights in government-funded scientific research projects will be established. (This will be done by the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Finance, the State-Owned Assets Supervision and Administration Commission of the State Council, the State Taxation Administration, the State Administration for Market Regulation, the Chinese Academy of Sciences, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box 8 Project   to Promote the Intellectual Property Strategy in

Small   and Medium-Sized Enterprises

Improving   intellectual property management

Qualified   SMEs will be encouraged to implement national standards for enterprise   intellectual property management, and efforts will be increased to improve   intellectual property escrow services for SMEs.

Improving   the ability to use intellectual property rights

Intellectual   property rights will be used in industrial enterprises on a trial basis.   Intellectual property operation platforms and operation funds will be   encouraged to promote the transfer and commercialization of intellectual   property rights of SMEs. State-owned enterprises will be encouraged to   support the transfer and commercialization of intellectual property rights of   SMEs through mergers and acquisitions. The working mechanism of intellectual   property rights protection assistance for SMEs will be improved.

Broadening   the financing channels for intellectual property rights of SMEs

Financial   institutions will be encouraged to innovate intellectual property financial   services, enrich the supply of financial products, increase the support of   intellectual property pledge financing for SMEs, and improve the risk-sharing   compensation mechanism. (This will be done by the Ministry of Industry and   Information Technology, the Central Publicity Department, the People's Bank   of China, the State-Owned Assets Supervision and Administration Commission of   the State Council, the State Administration for Market Regulation, the   Banking Regulatory Commission, the Securities Regulatory Commission, and the   China National Intellectual Property Administration in accordance with their   respective responsibilities.)

Integrating intellectual property and industrial innovation-driven development

Patent-intensive industries will be fostered, the identification of patent-intensive products will be explored, and localities will be guided toward developing patent-intensive industry cultivation catalogs. The mechanism for accounting and publishing the value-added of patent-intensive industries will be improved, and the monitoring and evaluation of patent-intensive industry cultivation will be strengthened. The trademark brand strategy will be implemented, the protection of well-known trademarks will be strengthened, and the international influence of brands will be enhanced. Copyright innovation-driven development projects will be launched, copyright industry clusters will be built, and technical support will be increased for copyright development. Local statistical systems for the output value of geographical indication products will be established, the mechanism for coordinating interests in the development of geographical indication industries will be improved, and leading enterprises will be encouraged to play a leading role in attracting more market entities to integrate the development of geographical indication industries. The statistical monitoring of green intellectual property rights will be improved, the industrialization of green patented technologies will be promoted, and support will be given to the green conversion of industries. (This will be done by the Central Publicity Department, the Ministry of Agriculture and Rural Development, the State Administration for Market Regulation, the National Bureau of Statistics, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box 9 The   Trademark Brand Development Project

Establishing   a sound work system for promoting trademark brands

The   product quality supervision system will be improved, the supervision   information exchange and sharing mechanism will be refined, and the quality   of trademark brands will be raised. Guidance will be given to the development   of the service trademark brands of industry associations, universities, and   scientific research institutions, and brand quality will be researched,   evaluated and monitored. Regional brands will be developed and the   trademarking of the brands of emerging agriculture, advanced manufacturing,   modern service industries and other industrial clusters will be promoted.   Work will be done to encourage the establishment of trademark brand guidance   stations and strengthen guidance for the cultivation and assistance of   trademark brands.

Encouraging   enterprises to implement the trademark branding strategy

The   management of trademark brand assets will be strengthened and more effective   guidance will be given to trademark use. Support will be given to the   overseas layout of trademarks, and well-known trademark brands with market   competitiveness and international influence will be cultivated. Support will   be given to promotional activities such as the China International Trademark   Festival to strengthen the global promotion of Chinese trademark brands.   (This will be done by the China National Intellectual Property   Administration, the Ministry of Industry and Information Technology, the   Ministry of Agriculture and Rural Affairs, and the State Administration for   Market Regulation under the leadership of the China National Intellectual   Property Administration in accordance with their respective   responsibilities.)

Box   10 The Copyright Innovation-Driven Development Project

Developing new advantages in the   development of copyright industry

Continuous efforts will be made to   promote copyright demonstration work for provinces, cities, counties and   parks. A national copyright innovation-driven development base will be   established. A national copyright exhibition authorized trading system will be   put in place. Continued progress will be made in promoting the pilot   development of cultural and creative products in cultural and cultural   heritage units. The institutions and mechanisms of copyright registration   will be improved. Resource allocation will be improved to create a number of   high-quality copyright industry clusters that conform to national strategies   and reflect industrial and regional characteristics.

Integrating copyright transactions,   protection and services

International cooperation and   communication channels will be broadened for copyrighted works. A number of   high-quality radio, television and internet audiovisual copyright resources   will be created. Efforts will be made to encourage outstanding Chinese works   go global and ensure that outstanding foreign works are brought in. The   research and utilisation of copyright protection technologies and standards   will be promoted, and services such as value assessment, registration and   certification, and pledge financing will be improved for all kinds of works.   The introduction of blockchain technology in the confirmation, use and   maintenance of copyright rights will be explored. (This will be done by the   Central Publicity Department, the Ministry of Culture and Tourism, and the   General Administration of Radio, Film and Television in accordance with their   respective responsibilities.)

Promoting the coordinated development of regional economies

The central and local cooperation and consultation mechanisms will be improved, and continuous efforts will be made to make provinces and cities strong on intellectual property rights. In-depth pilot and demonstration work will be carried out to make provinces, cities, counties and parks strong on intellectual property rights. The intellectual property rights operation mechanism that supports innovation-driven development will be explored. The interregional cooperation and mutual assistance will be strengthened to promote the common development of intellectual property work in the eastern, central, western and northeastern regions. Localities will be encouraged to explore the development of IPR policy systems that meet regional development needs. The agglomeration and development of high-end intellectual property services in Beijing, Tianjin and Hebei will be promoted. The integrated intellectual property protection will be strengthened in the Yangtze River Delta. The Guangdong-Hong Kong-Macao Greater Bay Area will be encouraged to become a center for developing international cooperation in intellectual property. The establishment of an intellectual property financial ecological zone in the Chengdu-Chongqing economic zone will be promoted. Shenzhen will be supported to become a pioneering demonstration zone of socialism with Chinese characteristics and create a benchmark city for intellectual property protection. Hong Kong will be supported to build a regional IPR trade center. The use of agricultural-related intellectual property rights will be strengthened to help vitalize the countryside. (This will be done by the China National Intellectual Property Administration, the National Development and Reform Commission, the Ministry of Agriculture and Rural Development, the People's Bank of China and the National Forestry and Grassland Administration under the leadership of China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box   11 The Project to Use Intellectual Property Rights

to Promote Rural Vitalization

Using patent technology to strengthen   agriculture

Assistance on the accession to the   Patent information will be provided to boost the commercialization of   advances in agricultural patent technology.

Helping farmers get rich with   trademarks

Trademarks will be cultivated for   agricultural products, assistance will be given to high-quality geographical   indication products, and the promotion of agriculture-related brands will be   strengthened.

Developing agriculture with   geographical indications

Geographical indications will be used   as a tool to help vitalize the countryside, and geographical indication parks   will be developed. Agricultural production will be upgraded to develop   pollution-free agricultural products, green food, organic agricultural   products and geographical indications of agricultural products. Progress will   be made in promoting variety cultivation, quality improvement, brand building   and standardized production. Model counties will be developed to ensure   geographical indications lead the development of distinctive local   industries.

Ensuring new varieties benefit farmers

The cultivation and industrialization   of new varieties of outstanding plants will be strengthened. The innovation   in crop breeding will be promoted. The cultivation of excellent varieties for   which China has independent intellectual property rights will be accelerated.   A number of new high-quality varieties will be cultivated and commercialized   for forestry and grassland. (This will be done by the Ministry of Agriculture   and Rural Affairs, the State Administration for Market Regulation, the   National Forestry and Grassland Administration, and the China National   Intellectual Property Administration in accordance with their respective   responsibilities.)

V. Building a User-Friendly Intellectual Property Service System

to Ensure Innovation Results Better Benefit the People

11. Improving the public service capacity of intellectual property rights

Accelerate the construction of new intellectual property infrastructure

The national intellectual property big data center and public service platform and public intellectual property services will be made more intelligent based on the national integrated data center system. The construction of local public IP service platforms and thematic databases will be promoted, with support being weighted toward public IP service platforms in strategic emerging industry clusters. The connectivity between public IP service platforms and industrial information service platforms will be promoted, and the accessibility and universality of public IP services will be improved. Intellectual property networks will be made safer, the comprehensive network security system will be improved, and the comprehensive capacity to ensure network security will be continuously enhanced. (This will be done by the China National Intellectual Property Administration, the Cyberspace Administration of China, the National Development and Reform Commission, and the Ministry of Finance under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box   12  The Project to Make Public   Intellectual Property Services

More   Information-Based and Intelligent

Building   the national intellectual property big data center

Global   intellectual property data such as patents, trademarks, geographical   indications, and integrated circuit layout designs will be collected to   integrate intellectual property data and economic, scientific and   technological, and industrial information. Machine learning, artificial   intelligence and other technologies will be utilised to strengthen   intelligent monitoring of information on IPR registration, publication and   announcement, dispute mediation, and pledge licensing, and conduct innovation   trend analysis and other forms of theme mining. Intelligent data services   will be provided to realize intelligent analysis of various types of IP data   and provide data support for scientific decision-making.

Improving   the national public IP service platform

In   coordination with the national integrated government service platform and the   national "internet plus supervision" system, government services such as   support for IPR administrative enforcement and protection, administrative   reconsideration, utilisation of IPR register, IPR protection in e-commerce,   supervision of IPR agents, supervision of irregular applications and IPR   consultation will be improved. One-stop intelligent query and search services   will be provided to the public for patents, trademarks, geographical   indications, and integrated circuit layout designs, and public IP services   will be made more convenient, intensive and efficient. (This will be done by   the China National Intellectual Property Administration, the Cyberspace   Administration of China, the National Development and Reform Commission, and   the Ministry of Finance in accordance under the leadership of the China   National Intellectual Property Administration with their respective   responsibilities.)

Improving the public IP service system

The public IP service network will be improved, and the working mechanism will be refined for public services to support innovation. The graded and classified development of public service backbone nodes will be promoted to achieve full coverage of provincial public service institutions and reach 50% coverage of prefectural and municipal public service institutions, and the establishment of comprehensive public service institutions will be encouraged in counties, cities and districts where possible. Support will be given to cross-administrative division public service cooperation in intellectual property. The layout of public IP service outlets will be improved and the public service capacity of IPR information will be enhanced in universities, scientific research institutions, science and technology associations, public libraries, science and technology intelligence agencies, and productivity promotion agencies in industrial parks. Support will be focused on the development of technology and innovation support centers, national intellectual property information service centers of universities, and national public service outlets for intellectual property information. (This will be done by the China National Intellectual Property Administration, the Ministry of Education, the Ministry of Science and Technology, the Ministry of Industry and Information Technology, the Ministry of Culture and Tourism, the Chinese Academy of Sciences, and the China Association for Science and Technology under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Increasing the public IP service supply

The development of IPR data standards will be strengthened, data quality will be improved, data security will be safeguarded, and the management and service standards of basic intellectual property data resources will be refined. The dissemination and utilisation of intellectual property information will be strengthened and the opening of basic intellectual property data will be increased to promote the sharing of data resources. The norms related to the utilisation of intellectual property information will be improved, and research, analysis and publication of intellectual property information utilisation will be carried out. China will actively participate in the development of international IPR standards on data and strengthen international IPR data exchange. Government purchase of services will be increased, new forms of public services will be created, and the supply of public service products will be enriched. Public IP services will be made more regular and standard, the matters and scope of public IP services will be clarified, and a public IP service list system will be put in place. (This will be done by the China National Intellectual Property Administration.)

12. Promoting the healthy development of the intellectual property service industry

Fostering and developing the intellectual property service industry

Intellectual property agency, legal, information, consulting and operation services will be guided toward specialization and high-level development. Value-added services such as intellectual property investment and financing, insurance and asset valuation will be increased, and new forms and models of the intellectual property service industry will be developed. The development and implementation of basic standards, support standards, product standards and quality standards for intellectual property service industry will be accelerated. Reform will be deepened to introduce the system of review, notification, and commitment for licensing applications for patent agency. International high-level IP service institutions will be guided toward setting up permanent representative offices in China in accordance with regulations. Brand value will be increased to cultivate a number of international, market-oriented and professional IP service institutions. National IP service export bases will be established. The number of licensed patent attorneys nationwide will reach 40,000. The statistical system of the IP service industry will be improved. Support will be given to IPR service industry associations in carrying out pro bono representation and providing protection assistance. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department, the Ministry of Justice, the Ministry of Commerce, and the National Bureau of Statistics under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Integrating the intellectual property service industry and regional industries

To meet the needs of key regions and industries, intellectual property service industry clusters will be improved, and guidance will be given to ensure that upstream and downstream intellectual property service chains complement each other and that multiple forms of service industry develop in a coordinated manner. A working mechanism will be established to coordinate IP services and key industries and major projects, with a focus on providing high-end services such as patent navigation. Intellectual property service institutions will be encouraged to provide whole-chain and specialized intellectual property services for innovators, and support will be given to the innovation-driven development of enterprises and industrial transformation and upgrading. (This will be done by the China National Intellectual Property Administration and the Ministry of Industry and Information Technology under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Strengthening the supervision of the intellectual property service industry

The work procedures of sampling and inspection, such as plan formulation, list extraction, result announcement, and data archiving will be standardized, and efforts will be made to achieve the full coverage of interdepartmental oversight conducted through the random selection of both inspectors and inspection targets and the prompt release of results. A long-term mechanism for the supervision of intellectual property services will be put in place. The interdepartmental and interregional cooperative supervision mechanism will be improved. The system of annual report, business exception list and list of serious defaulters will be refined, credit evaluation will be carried out and the utilisation of evaluation results will be promoted. The quality monitoring mechanism for the IP service industry will be improved, new technology will be used to quickly and accurately find clues of illegal and irregular behavior, and regulatory effectiveness will be enhanced. Full play will be given to the role of intellectual property service industry associations, and punishments will be increased for a lack of industry self-discipline. An evaluation system for the IP service industry will be developed, and the evaluation data of service organizations and practitioners will be made public in a timely manner. (This will be done by the China National Intellectual Property Administration.)

VI. Promoting International Cooperation in Intellectual Property

and Serve the Development of the Open Economy

13. Taking the initiative to participate in the global governance of intellectual property

Actively participating in improving international rules of intellectual property

The cooperation and consultation with the World Intellectual Property Organization will be strengthened, and contributions will be made to improving of international rules and standards for intellectual property and related international trade and international investment. China will actively participate in the formulation of international rules on intellectual property rights in genetic resources, traditional knowledge, folklore, intangible cultural heritage, and broadcasting organizations. China will actively study and participate in the formulation of international rules and standards for intellectual property rights in new sectors and new forms of business such as the digital sector. (This will be done by the Central Publicity Department, the Ministry of Foreign Affairs, the Ministry of Commerce, the Ministry of Culture and Tourism, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Actively promoting multilateral and bilateral negotiations on intellectual property rights related to economic relations and trade

Appropriate response will be made to international intellectual property disputes and consultations on intellectual property cooperation will be strengthened with China's major trading partners. Intellectual property issues will be reasonably made topics for relevant negotiations. China will deeply participate in World Trade Organization negotiations on intellectual property rights. Active progress will be made in negotiations with other countries and regions on intellectual property issues in free trade agreements. Research will be conducted to promote negotiations with more countries and regions on geographical indication agreements. (This will be done by the Central Publicity Department, the Ministry of Foreign Affairs, the Ministry of Commerce, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

14. Improving international cooperation on intellectual property

Strengthening international cooperation mechanisms for intellectual property rights

Belt and Road intellectual property cooperation will be consolidated and improved, and the Belt and Road intellectual property cooperation platform will be fully used to expand the scale and reserve of cooperation projects. China will deepen its participation in minilateral IPR cooperation among BRICS countries, among China, the United States, Europe, Japan and the Republic of Korea, among China, Japan and the Republic of Korea, and between China and ASEAN, strengthen the exchange of policies and business rules with all other parties, and support the active participation of industries in relevant cooperation mechanisms. Cross-border judicial coordination arrangements will be improved and international cooperation in preventing and combating IPR infringement crimes will be strengthened. (This will be done by the Central Publicity Department, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Commerce, the General Administration of Customs, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box 13 The Belt and Road Intellectual Property Cooperation Project

Strengthening   the Belt and Road intellectual property cooperation mechanism

A   high-level cooperation platform for intellectual property in Belt and Road   countries and regions will be created. IPR cooperation will be coordinated   with the development of the Digital Silk Road and the Innovation Silk Road.   Cooperation in intellectual property information and data resources will be   promoted.

Strengthening   the implementation of IPR capacity enhancement project

Diversified   services such as patent search, examination and training will be provided to   other Belt and Road countries and regions. IPR training for other Belt and   Road countries and regions will be conducted. (This will be done by the China   National Intellectual Property Administration, the Ministry of Foreign   Affairs, the Ministry of Commerce and the International Development   Cooperation Agency under the leadership of the China National Intellectual   Property Administration in accordance with their respective   responsibilities.)

Improving the environment for international cooperation on intellectual property

IPR cooperation will be increased with international and regional organizations and key countries and regions, and the layout of cooperation will be improved. The IPR training for neighboring and other developing countries will be strengthened and support will be given IPR capacity building in other developing countries. China will increase its cooperation with other countries on IPR in key areas such as drug and Covid-19 vaccine R&D. A communication and coordination mechanism with trade partner countries on intellectual property matters will be established. (This will be done by the Central Publicity Department, the Ministry of Foreign Affairs, the Ministry of Industry and Information Technology, the Ministry of Commerce, the National Health Commission, the State Administration for Market Regulation, the China International Development Cooperation Agency, the National Medical Products Administration, the China National Intellectual Property Administration, and the China Council for the Promotion of International Trade in accordance with their respective responsibilities.)

15. Strengthening international cooperation in intellectual property protection

Facilitating overseas acquisition of intellectual property rights

IPR examination cooperation will be increased, the international cooperation network of "Patent Prosecution Highway" will be expanded and focused efforts will be made to promote the sharing of patent examination results and new plant varieties among relevant countries. Innovators will be guided toward a reasonable use of the World Intellectual Property Organization's global service system and other channels to improve the efficiency of overseas IPR layout. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department, the Ministry of Agriculture and Rural Development, and the National Forestry and Grassland Administration under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Increasing assistance for protecting intellectual property rights overseas

An international intellectual property risk warning and emergency response mechanism will be put in place and a foreign-related risk prevention and control system for intellectual property will be developed. Research base(s) will be created for tracking international trends and research on key frontier issues such as trade secret protection and internet enterprises going abroad will be stepped up. Overseas IPR information service capacity will be enhanced and a sound working mechanism for IPR service stations at foreign exhibitions will be established. Insurance institutions will be encouraged to carry out overseas intellectual property infringement insurance business. Trade and investment promotion agencies will be encouraged to play a role in continuously strengthening overseas services for intellectual property rights. (This will be done by the Central Publicity Department, the Ministry of Commerce, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, the China National Intellectual Property Administration, and the China Council for the Promotion of International Trade in accordance with their respective responsibilities.)

Box 14 The   Foreign Trade Intellectual Property Protection Project

Strengthening   the system for guiding response to overseas intellectual property disputes

A   mechanism for investigating and reporting on IPR-related trade target   countries will be established. International enforcement collaboration   channels will be expanded to combat intellectual property infringement crimes   and transnational joint enforcement actions will be carried out in major   cases. A cross-border cooperation mechanism for customs will be put in place   and the exchange and sharing of information and intelligence on IPR customs   enforcement will be strengthened.

Improving   the ability to prevent overseas intellectual property risks

Guidelines   will be developed for intellectual property protection in cross-border   e-commerce, to guide the cross-border e-commerce platforms toward preventing   intellectual property risks in import and export trade, and support them to   go abroad. Research on the overseas IPR institutional environment will be   increased and country-specific guides on IPR protection in key countries will   be developed and issued. (This will be done by the Central Publicity   Department, the Cyberspace Administration of China, the Supreme People's   Procuratorate, the Ministry of Public Security, the Ministry of Commerce, the   General Administration of Customs, and the China National Intellectual   Property Administration in accordance with their respective   responsibilities.)

VII. Strengthening Intellectual Property Talent Construction and Culture Cultivation

and Consolidating the Foundation of the Development

of China's Programs

16. Strengthening intellectual property talent construction

Improving the environment for the development of intellectual property talent

Progress will be made in developing intellectual property disciplines. Support will be given to the units that independently confer academic degrees in making intellectual property their primary discipline in accordance with the procedures. Support will be given to the relevant units in making intellectual property their secondary discipline in accordance with the procedures. Research will be conducted on offering master's degree in intellectual property. The upgrading and digitalization of intellectual property-related majors will be promoted and a number of high-quality intellectual property courses will be developed. Qualified science and technology colleges and universities will be encouraged and supported to offer intellectual property-related majors and courses. Intellectual property talent training bases will be set up. Reform will be carried out to introduce the system for intellectual property titles and the evaluation system for intellectual property talent will be improved. (This will be done by the Ministry of Education, the Ministry of Human Resources and Social Security, and the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Improving the capability of intellectual property talent

The system of of intellectual intellectual property talent by category will be improved and the mechanism of guaranteeing talent will be refined. Theoretical research on intellectual property will be strengthened, the management mechanism of intellectual property research will be improved, think tanks will be strengthened, and local policy research will be encouraged. The training of intellectual property administrative management, administrative enforcement and administrative adjudication personnel will be stepped up and continuous rotational training at different levels and in different regions will be conducted. The training of intellectual property talent in enterprises and institutions will be strengthened and joint training bases for theory and practice will be built. A training system for the intellectual property service industry talent will be established and the professional ability of service industry talent will be improved. International intellectual property talent will be trained. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department and the State Administration for Market Regulation under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

17. Strengthening intellectual property culture

Building a great publicity pattern of intellectual property rights

With a view to making China strong on IPR, traditional media will be integrated with new media, convergence media will be fully utilised, and the IPR press release system will be improved. A large sound matrix of IPR communication will be established to promote government activities, media dissemination and coverage, academic articles, and international cultural exchanges. Continued efforts will be made to do a good job of brand publicity activities such as National Intellectual Property Rights Publicity Week and China Intellectual Property Rights Annual Conference. The story of China's intellectual property rights will be told well to demonstrate the image of China as a large civilization and a responsible power. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department, the Cyberspace Administration of China and the General Administration of Radio, Film and Television under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

Box   15 The Intellectual Property Education Project

Promoting intellectual property   popularization and education in schools

Support will be given to schools and   universities in carrying out basic education on intellectual property rights.   Intellectual property experts will be encouraged to go into campuses,   intellectual property education with innovative practical activities in   schools will be better integrated, and continued efforts will be made to   promote national intellectual property education in primary and secondary   schools and national copyright essay contests for college students. The   popularization of IPR education in technical colleges and universities will   be promoted, and IPR education will be made an important part of the   continuing education of professionals and technicians nationwide.

Promoting   intellectual property training for executive leadership

The curriculum of intellectual   property rights will be improved to strengthen intellectual property rights   publicity and training for leading Party and government officials and leaders   of state-owned enterprises. (This will be done by the China National   Intellectual Property Administration, the Central Organization Department,   the Central Publicity Department, the Ministry of Education, the Ministry of   Human Resources and Social Security, and the China Association for Science   and Technology under the the leadership of the China National Intellectual   Property Administration in accordance with their respective   responsibilities.)

Developing intellectual property culture

The public's awareness of respecting and protecting intellectual property rights will be enhanced and intellectual property culture will be better integrated with rule of law culture, traditional culture, innovation culture and integrity culture. More publicity will be given to model innovative enterprises which operate in good faith, and enterprises will be guided toward consciously fulfilling their social responsibility of respecting and protecting intellectual property rights. Intellectual property culture activities close to the times, close to the people, and close to life will be carried out for the benefit of the people. The intellectual property cultural infrastructure will be strengthened. The establishment of an "internet plus" intellectual property protection cloud museum will be explored. Investment will be increased for developing intellectual property culture in the central and western regions. Theoretical and academic research on intellectual property culture will be strengthened, and culture will be used as a medium to enhance cultural soft power. (This will be done by the China National Intellectual Property Administration, the Central Publicity Department, the Ministry of Justice, and the Ministry of Culture and Tourism under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)

VIII. Implementation Guarantee

 (18) Strengthening organization and leadership

Overall Party leadership of intellectual property work will be upheld, and the State Council inter-ministerial joint conference system for the implementation of the intellectual property strategy will play a better role. The working mechanism will be improved and everyone will be made count to ensure that the Party Central Committee and the State Council's decisions and plans on the work of intellectual property are put into practice. All regions and relevant departments should strengthen the sense of responsibility, coordinate closely, further clarify the focus of work in conjunction with the actual situation, and implement the tasks and measures defined in this plan. The China National Intellectual Property Administration should strengthen organizational coordination, clarify respective responsibilities, set more detailed objectives and tasks, publicity and interpretation, and formulate annual promotion plans to ensure the orderly advancement of the plan. Relevant social organizations and industry associations should actively participate in the implementation of the plan, take the initiative and play a role. (This will be done by the China National Intellectual Property Administration, the relevant departments and local people's governments at all levels under the leadership of the China National Intellectual Property Administration in accordance with respective responsibilities.)

19. Encouraging exploration and innovation

All local governments should carry forward grassroots creativity, take the initiative to develop new ideas, actively explore and accumulate practical, effective, scientific and targeted concrete measures, and constantly improve relevant policies and measures to address tough and challenging issues arising from the implementation of the plan. The relevant departments should create a favorable environment to support regions in trying out the plan first where conditions permit. (This will be done by local people's governments at all levels and the relevant departments in accordance with respective responsibilities.)

20. Increasing investment

The multi-channel investment mechanism will be improved to ensure the major projects in the plan are launched, and to promote the effective implementation of the plan. Greater policy and resource support will be given for intellectual property work. The participation of private capital will be encouraged, new investment models and mechanisms will be created, and the market will play the decisive role in the allocation of resources. (This will be done by the relevant departments and local people's governments at all levels in accordance with respective responsibilities.)

21. Stressing the implementation of the work

The China National Intellectual Property Administration, together with relevant departments, will strengthen the tracking and monitoring of the implementation of the plan, carry out mid-term evaluation and summary evaluation of the implementation of the plan through third-party evaluation and other forms, summarize and promote typical experience and practices, identify problems in the implementation of the plan and study measures to solve them. Supervision and inspection should be strengthened to ensure the implementation of tasks, and important developments should be reported to State Council in a timely manner. (This will be done by the China National Intellectual Property Administration and the relevant departments under the leadership of the China National Intellectual Property Administration in accordance with their respective responsibilities.)


[1] This refers to the number of valid invention patents authorized by the China National Intellectual Property Administration per 10,000 population that meet any of the following conditions: 1) invention patents for strategic emerging industries; 2) invention patents with homologous patent rights overseas; 3) invention patents with a maintenance period of more than 10 years; 4) invention patents that have achieved a higher amount of pledged financing; 5. Invention patents that have won the National Science and Technology Award and the China Patent Award.

[2] This refers to the amount of intellectual property pledge financing registered by the China National Intellectual Property Administration.

[3] Figure for 2019.

[4] Figure for 2019.