First Local Regulations of Patent Protection of Fujian Province Issued

 

On December 2, the Sixth Session of the Standing Committee of the 11th Fujian Provincial People's Congress adopts the Decision of the Standing Committee of Fujian Provincial People's Congress on Approving the Regulations of Fuzhou City on Patent Protection and Promotion (hereafter referred to as the Regulations). This is the first local regulations of Fujian Province in patent protection.

The Regulations made further stipulations in areas such as the promotion of the construction of patent creation capacity, patent utilization and strengthening of patent protection. According to the Regulations, Fuzhou Municipal People's Government will establish a special IP fund mainly to reward the units and individuals with patent rights of invention, award-winning patent projects and demonstration enterprises of IP pilot projects. A patent prize of Fuzhou City will be held biennially to encourage the units and individuals that make outstanding contributions to promote the economic and social development of Fuzhou City through making inventions and creations and utilizing them. Meanwhile, inventors with patent rights will also be rewarded. The regulations clarifies that inventors and designers winning the patent prizes can apply for the qualification of holding a post of related technical occupations beyond the usual procedures.

The Regulations points out that important projects funded by the government that involve patent rights should first submit patent assessment reports. Patent asset evaluation should be conducted according to law before handling state-owned assets that involve patent asset changes. The Regulations also makes the possession of patent rights and the establishment of patent administration system as the basis of recommending and granting the honorable titles that can reflect an enterprise or institution's innovation capacity, affirming technological centers of various types, approving the research and development projects of patent technologies with governmental financial supports, and examining and appraising scientific and technological awards related to patent projects. The Regulations also stipulates further measures against repeated right infringements and patent infringements or law-breaking activities.

The issuance of the local regulations fills the gap in legislation of IPR protection in Fuzhou City and effectively protects the rights and interests of patent inventors, indicating Fuzhou's work of patent protection and promotion has entered the fast lane of development. The Regulations is of great significance in creating a sound environment for business initiation, innovation and business introduction, implementing the Scientific Outlook on Development and constructing an innovative provincial capital and central city.

This year, the State Council issues the Compendium on China National IP Strategy to launch the national IP strategy, clearly putting forward the goal of constructing China into a country with comparatively higher levels of IPR creation, utilization, protection and administration by 2020. As a capital and center city, Fuzhou urgently needs to improve the capacity of independent innovation and the construction of related supporting systems so as to implement IP strategy and intensify its economic development. The Standing Committee of Fuzhou Municipal People's Congress lists the regulations on patent protection and promotion as one of its four legislation plans this year.

The Regulations will come into effect on January 1, 2009.

2013-07-17