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Regulations on the Protection of Intellectual Property Rights in Hainan Free Trade Port
Chapter I General Provisions Article 1 In order to strengthen the protection of intellectual property rights, stimulate the vitality of innovation, optimize the business environment, and create an international first-class intellectual property rights protection highland, in accordance with the provisions of the "People's Republic of China *** and the State of Hainan Free Trade Port Law", and following the basic principles of the relevant laws and administrative regulations, and in conjunction with the actuality of the Hainan Free Trade Port, to formulate the Regulations. Article 2 Intellectual property rights referred to in these Regulations means the exclusive rights enjoyed by the right holders in accordance with the law in respect of the following objects:

(1) works;

(2) inventions, utility models, designs;

(3) trademarks;

(4) geographical indications;

(5) trade secrets;

(6) integrated circuit layout design;

(vii) new plant varieties;

(viii) other objects provided for by law. Article 3 The protection of intellectual property rights in Hainan Free Trade Harbor shall be carried out in accordance with the principles of comprehensive protection, strict protection, equal protection, protection in accordance with the law, rapid protection and coordinated protection, and in line with the international advanced standards, innovative institutions and mechanisms, and the establishment of a complete and efficient intellectual property rights protection system. Article 4 The people's governments at or above the county level shall strengthen the organization and leadership of intellectual property protection, the protection of intellectual property rights into the national economy and social development planning, the establishment and improvement of intellectual property protection assessment and evaluation system.

The people's governments at or above the county level shall establish and improve the coordination mechanism for intellectual property rights, study and formulate major policies on intellectual property rights, and coordinate and solve major problems in intellectual property rights. Article 5 the people's governments above the county level, the administrative department of intellectual property rights (hereinafter referred to as the competent department of intellectual property rights) is responsible for the organization and implementation of the overall coordination of intellectual property protection in the region.

Works, inventions, utility models, designs, trademarks, geographical indications, trade secrets, layout designs of integrated circuits, new varieties of plants and other intellectual property rights of the specific management department (hereinafter referred to as the intellectual property rights of the specific management department), in accordance with the law, to carry out their respective responsibilities within the scope of intellectual property rights protection work.

Development and reform, industry and information technology, commerce, science and technology, finance, public security, judicial administration, financial management, customs and other departments, in accordance with their respective responsibilities to cooperate in the protection of intellectual property rights related work. Article 6 The people's governments at or above the county level and the relevant departments shall strengthen the intellectual property laws and regulations and intellectual property knowledge publicity, education and popularization, and promote the whole society to respect and protect intellectual property awareness.

Encourage the news media and the public to carry out publicity for the protection of intellectual property rights, intellectual property rights violations of public opinion supervision. Article 7 The people's governments at or above the county level shall make comprehensive use of financial, taxation, financial, industrial, scientific and technological, cultural, trade, talent and other policies to incentivize the creation of intellectual property rights, and to improve the enterprise as the main body of the market-oriented high-quality creation mechanism. Article VIII support for Hainan Free Trade Port Sanya Yazhou Bay Science and Technology City to establish with the international rules of intellectual property rights system, promote breeding and deep-sea science and technology, and other areas of international cooperation, the construction of Hainan characteristics, international recognition of a high degree of intellectual property rights business environment first-class Hainan Free Trade Port of Intellectual Property Rights protection and use of the pioneer area. Chapter II Administrative Protection Article 9 The specific management of intellectual property rights shall utilize modern information technology such as the Internet, big data, blockchain, cloud computing and artificial intelligence to establish an online mechanism for handling intellectual property disputes, and use technical means such as source tracing, real-time monitoring, online identification, network depository, statistical analysis, tracking and early warning, etc., to crack down on intellectual property rights infringement. Article 10 encourages natural persons, legal persons and unincorporated organizations to voluntarily register their works.

The copyright department shall strengthen the protection of copyright on the Internet, and investigate and deal with network infringement and piracy in accordance with the law. Article 11 The provincial intellectual property department shall, in accordance with the relevant provisions of the state, provide a priority examination channel for patents for the new generation of information technology, new materials of petrochemical industry, modern biomedicine, southern breeding, deep-sea science and technology, aerospace science and technology, and other key development industries and strategic emerging industries.

Provincial intellectual property rights authorities to promote the establishment of intellectual property protection centers in advantageous industrial agglomerations, to carry out rapid review, rapid rights, rapid rights services to reduce the cost of intellectual property rights and related rights holders to defend their rights. Article 12 The competent authorities in charge of intellectual property rights shall strengthen the quality of intellectual property rights oriented to guide natural persons, legal persons and unincorporated organizations in accordance with the law for trademark registration applications, patent applications, according to the law to investigate and deal with malicious applications for trademark registration not for the purpose of use and not for the purpose of protecting innovation for the purpose of the abnormal patent application behavior.

Institutions representing intellectual property rights which know or should know that the client has a malicious application for trademark registration and non-normal patent application behavior as stipulated in the preceding paragraph shall not accept their entrustment. Article XIII in the investigation and handling of administrative cases of infringement of trade secrets, trade secrets, the right to provide prima facie evidence that it has claimed trade secrets to take confidentiality measures, and reasonably show that the trade secrets have been infringed upon, intellectual property rights of the specific management department may require the suspected infringer to prove that the right to prove that the right to claim does not belong to the trade secrets or the existence of its trade secrets does not infringe the behavior. Article 14 The specific management of intellectual property rights shall expand the scope of protection of new plant variety rights and protection links, strengthen the protection of substantial derivative varieties, incentives for breeding innovation, and enhance the level of protection of new plant varieties.