We will improve the intellectual property management process of major projects
The Outline proposes to improve the operation of efficient and smooth, the value of the full realization of the intellectual property rights of the application mechanism. In this regard, the Ministry of Science and Technology, the transformation of scientific and technological achievements and regional innovation, said Huang Shengbiao, head of the Department of Science and Technology Innovation, scientific and technological innovation is an important source of intellectual property rights, in recent years, in accordance with the decision-making and deployment of the CPC Central Committee and the State Council, the Ministry of Science and Technology in conjunction with the relevant departments, to support intellectual property rights to create and utilize the work of the transformation of scientific and technological achievements as a major task of the work of promoting the transformation of scientific and technological achievements.2020, the national technology market*** signed 549,000 technology contracts turnover of 2.8 trillion yuan, of which 186,000 technology contracts involving intellectual property rights, with a turnover of 1.1 trillion yuan, accounting for 39.8% of the total turnover of national technology contracts.
Huang Shengbiao specifically introduced, first, from the supply side of scientific and technological innovation to strongly support the creation of high-quality intellectual property rights: scientific and technological activities in the selection of topics, research and development, evaluation and other aspects of the intellectual property rights requirements, the establishment of scientific research activities of the intellectual property rights list system, intellectual property rights into the transformation of scientific and technological achievements and scientific and technological innovation and entrepreneurial activities, and to promote the fusion of the innovation chain and the industrial chain.
Secondly, new breakthroughs have been made in the reform of ownership, utilization and income rights for the transformation of achievements. The Ministry of Science and Technology, together with the Intellectual Property Office and other eight departments, jointly launched 40 pilot projects of granting researchers the right to own or use scientific and technological achievements, stimulating the enthusiasm of researchers in innovation and transformation, and further improving the policy environment for the transformation of achievements.
Thirdly, it has accelerated the construction of the national technology transfer system and enhanced the service capacity of intellectual property rights and transformation of scientific and technological achievements. At present, there are more than 40 national or regional technology exchange markets, more than 400 specialized and regional national technology transfer demonstration institutions, 36 national technology transfer talent training bases, and a basic technology transfer service network covering county-level and above areas nationwide.
Fourthly, we support the transformation of advanced technological achievements with intellectual property rights in application-oriented scenarios. Among them, the Ministry of Science and Technology and the Ministry of Finance have jointly implemented the Hundred Cities and Hundred Gardens Achievement Transformation Action to carry out targeted demonstration and promotion for application scenarios such as epidemic prevention and control at the grassroots level, resumption of work and production, and stabilization of employment. At the same time, vigorously promote the transformation of scientific and technological achievements mechanism innovation, and the Ministry of Finance to jointly implement the National Scientific and Technological Achievements Transformation Guidance Fund, and China Development Bank to jointly set up a major scientific and technological achievements industrialization project special debt, to guide more resources to support intellectual property rights and scientific and technological achievements transformation.
Huang Shengbiao said that during the "14th Five-Year Plan" period, in accordance with the arrangement of the "Outline for the Construction of a Strong Intellectual Property Rights Country (2021-2035)", the Ministry of Science and Technology will strengthen the cooperation with the relevant departments, and actively promote intellectual property rights and transformation of scientific and technological achievements, with a two-fold focus: firstly. Make efforts to promote the creation and transformation of high-quality intellectual property rights. Improve the intellectual property management process of major projects, increase the weight of the evaluation of the performance of high-quality patent transformation and application, support the transformation of scientific and technological achievements that do not involve secrets and national defense, and take the contract value of technological transactions as the main evaluation index.
Secondly, efforts will be made to promote the transformation of market-oriented scientific and technological achievements. It focuses on promoting the development of the technology factor market, strengthening the construction of the service network for the transfer of scientific and technological achievements, improving the system of technology transaction and supervision, promoting the interconnection of regional technology transaction markets in an orderly manner, and supporting the construction of intellectual property rights and scientific and technological achievements transaction centers.
Strengthening the protection of intellectual property rights in the field of Internet and new areas such as big data, artificial intelligence and gene technology
The trial of intellectual property rights is an important part of the intellectual property rights protection system, how does the judicial trial serve the construction of a strong intellectual property rights country?
"The Outline clearly puts forward the need to improve the judicial protection system of intellectual property rights that is fair and efficient, scientific in jurisdiction, clear in rights, and complete in system, which puts forward new and higher requirements for intellectual property rights adjudication work." Lin Guanghai, president of the Third Civil Trial Division of the Supreme People's Court, said.
He said the Supreme People's Court will issue relevant opinions on services to safeguard the construction of a strong intellectual property country, and put forward a series of targeted policy measures on strengthening intellectual property adjudication work in the new era, so as to provide effective judicial services and safeguards for the construction of a strong intellectual property country.
One is to strictly protect intellectual property rights in a fair and efficient manner in accordance with the law. Firmly establish the protection of intellectual property rights is to protect the concept of innovation, in accordance with the law, equal protection of the legitimate rights and interests of all types of market players in China and abroad, to create an open, fair, just and non-discriminatory environment for the development of science and technology. It strictly protects all kinds of intellectual property rights in accordance with the law, adjudicates patent and other technology cases in accordance with the law, and strengthens the protection of scientific and technological innovation achievements. It has increased the protection of intellectual property rights in key areas such as agriculture and traditional Chinese medicine, strengthened the protection of intellectual property rights in the field of the Internet and in new areas such as big data, artificial intelligence and gene technology, and actively responded to the judicial demand for protection of intellectual property rights in new technologies, industries, industries and modes. It has strengthened anti-monopoly and anti-unfair competition justice, released typical cases, and issued relevant judicial interpretations in due course, so as to safeguard the rule of law environment in the market for fair competition among large, medium-sized and small enterprises. Strengthen the protection of the legitimate rights and interests of scientific and technological innovation subjects, and protect the right of scientific researchers to decide on technological routes, dispose of funds, and dispatch resources in accordance with the law, so as to stimulate the vigor of innovation and creativity.
The second is to enhance the overall effectiveness of intellectual property protection. Apply punitive damages in accordance with the law, increase the damage compensation and punishment of intellectual property infringement, timely and effective deterrence of infringement. Improve the criminal interpretation of intellectual property rights, and punish crimes against intellectual property rights in accordance with the law. It has also strengthened the regulation of false litigation and malicious litigation of intellectual property rights, prevented the abuse of intellectual property rights, and promoted the construction of an integrity system for intellectual property litigation. It has improved the diversified dispute resolution mechanism for intellectual property, and actively explored the judicial confirmation system for administrative mediation agreements on intellectual property disputes upon application by the parties concerned. It also actively participates in the construction of intellectual property protection systems, improves the mechanism of convergence between administrative and judicial protection of intellectual property, and promotes the construction of a large pattern of protection work.
Thirdly, it will deepen reform and innovation in the field of intellectual property adjudication. It will strengthen the construction of high-level intellectual property adjudication organizations, promote the improvement of the appeal hearing mechanism for intellectual property cases at the national level, and further promote the reform of the "three-in-one" adjudication mechanism for intellectual property civil, criminal and administrative cases. It will study and formulate litigation norms that conform to the laws of intellectual property adjudication, and improve the litigation evidence system that conforms to the characteristics of intellectual property cases. Improving the mechanism for training, selecting and exchanging intellectual property adjudication talents, and strengthening the professional training and selection of intellectual property adjudication teams. Strengthening the construction of "smart courts" and enhancing the level of informatization and modernization of intellectual property adjudication.
Carrying out special actions for the protection of intellectual property rights of Olympic symbols for the Beijing 2022 Winter Olympics and Winter Paralympics
Aiming at the phenomenon that the names of Olympic champions, such as "Quan Hong Chan", have been subject to trademark snatching, the director of the State Intellectual Property Office (SIPO), Mr. Shen Changyu, said that the SIPO resolutely opposes such behavior and promptly cracks down on it. On August 19, the office has issued a notice on 109 malicious trademarks such as "Yang Qian", "Chen Meng", "Quan Hong Chan", etc., and rejected them according to the relevant provisions of the Trademark Law, and exposed the applicant and the agent. It also exposed the list of applicants and agents, creating a high-pressure situation in the whole society to crack down on the malicious trademark squatting, which was widely recognized by the public.
"At present, the relevant local intellectual property management departments have interviewed the relevant agents and imposed administrative penalties. In the future, the State Intellectual Property Office will continue to maintain a high-pressure situation against malicious trademark snatching and hoarding behavior." Shen Changyu said.
Shen Changyu also emphasized that the State Intellectual Property Office has always attached great importance to the protection of intellectual property rights for the 2022 Beijing Winter Olympics. Since the successful bidding for the Winter Olympics, it has already done a lot of work in conjunction with relevant departments, including promoting the revision of the Regulations on the Protection of Olympic Symbols, providing three-dimensional protection of intellectual property rights such as patents and trademarks for Olympic symbols, and implementing specialized protection for Olympic symbols such as the emblems and mascots of the Winter Olympics and Paralympic Winter Games. At the same time, it guided Beijing and Hebei Province to carry out inter-regional and inter-departmental protection of intellectual property rights for the Winter Olympics, which also achieved good results.
Shen Changyu said that the State Intellectual Property Office will join hands with relevant departments to organize and carry out special actions for the protection of intellectual property rights of Olympic symbols of the Beijing 2022 Winter Olympic Games and Winter Paralympic Games on a national scale, and intensify the crackdown on infringement.