People's governments at or above the county level shall incorporate intellectual property protection into the national economy and social development planning, intellectual property protection funds into the financial budget. Article 4 The market supervision departments of the people's governments above the county level are responsible for the administrative protection of patents, trademarks, geographical indications products and trade secrets.
Local copyright authorities above the county level is responsible for the administrative protection of copyright.
Agricultural, rural and forestry departments of the people's governments at or above the county level are responsible for the administrative protection of new plant varieties and geographical indications of agricultural products in accordance with their respective duties.
Press and publication, development and reform, education, science and technology, industry and information technology, public security, judicial administration, finance, human resources and social security, commerce, culture and tourism, health, radio and television, local financial supervision, customs, drug supervision, traditional Chinese medicine and other relevant departments responsible for the protection of intellectual property rights in accordance with their respective responsibilities to do a good job of intellectual property rights protection-related work.
The departments stipulated in the first, second and third paragraphs of this Article are hereinafter collectively referred to as the authorities responsible for intellectual property protection. Article 5 The provincial people's government shall improve the joint conference system for the implementation of intellectual property strategy, coordinate the promotion of the province's intellectual property rights to create, utilize, protect, manage and provide services, and coordinate the resolution of major issues in the protection of intellectual property rights. Article 6 The provincial people's government shall issue a white paper on intellectual property protection every year, and disclose to the public the status of intellectual property protection in the province.
The people's governments at or above the county level and the relevant departments shall strengthen the publicity and guidance of intellectual property protection, and organize the news media to carry out public welfare propaganda of intellectual property protection in various forms, and create an environment of intellectual property protection that respects the value of knowledge, advocates innovation, honesty and law-abiding. Article 7 The provincial people's government shall strengthen the Guangdong-Hong Kong-Macao Greater Bay Area intellectual property cooperation mechanism, relying on Guangdong-Hong Kong, Guangdong-Macao and the Pan-Pearl River Delta regional intellectual property cooperation mechanism, to promote collaboration on intellectual property protection, dispute resolution, information *** enjoyment, academic research, personnel training and other work, and to comprehensively strengthen exchanges and cooperation in the field of intellectual property protection.
Provincial and municipal people's governments at or above the prefectural level shall broaden the channels of foreign cooperation and exchange of intellectual property rights, and encourage and support enterprises, social organizations, intellectual property service institutions to carry out international exchanges and cooperation in intellectual property protection in accordance with the law. Article 8 The people's governments at or above the county level shall, in accordance with the relevant provisions of the State on the protection of intellectual property rights in the work of making outstanding contributions to the collective and individual recognition and reward. Chapter II Administrative Protection Article 9 The people's governments at or above the county level shall strengthen the source protection of intellectual property rights, promote the creation and reserve of intellectual property rights in key core areas, and promote the establishment of industrial intellectual property rights alliances and industrial patent pools; support and guide natural persons, legal persons and unincorporated organizations to obtain intellectual property rights in accordance with the law, and enhance the quality of intellectual property rights application and registration and intellectual property rights management effectiveness.
The competent authorities responsible for the protection of intellectual property rights shall strengthen the supervision of the quality of intellectual property applications and registrations, and investigate and deal with irregular patent applications, trademark registration in bad faith, duplicate registration of copyrights and malicious registration of works and other behaviors in accordance with the law. Article 10 The competent department in charge of intellectual property protection and relevant departments shall strengthen the intelligent construction of intellectual property protection, and utilize new technologies such as big data, artificial intelligence, blockchain, etc., to innovate protection methods in the verification of clues and information related to the case, source tracing, tracking of the flow of key commodities, online dissemination of key works, real-time monitoring of copyright infringement and online identification, forensic evidence deposit and online dispute resolution. Article 11 The people's governments of provinces and municipalities at or above the prefecture level shall establish and improve the mechanism for analyzing and commenting on intellectual property rights. Major regional and industrial planning involving intellectual property rights and the use of financial funds or state-owned capital to set up major government investment projects, major independent innovation projects, major technology introduction or export projects, major talent management and introduction of projects and other major economic and technological activities, the project management unit should be organized to carry out intellectual property rights analysis and evaluation, to prevent intellectual property risks.
Business and science and technology, agriculture and rural areas, market supervision, forestry and other relevant authorities in accordance with relevant state regulations, to carry out the review of foreign transfers of intellectual property rights, to safeguard national security and major public **** interests. Article XII of the provincial people's government shall establish and improve the intellectual property rights law enforcement collaboration mechanism, the establishment of unified and coordinated law enforcement standards, rules of evidence and case guidance system, improve the notification of clues of intellectual property rights violations, the flow of cases, law enforcement linkage, mutual recognition of the results of testing and identification and other systems, and to strengthen cross-departmental, cross-regional intellectual property rights cases of case collaboration.
Departments in charge of intellectual property protection and relevant departments shall promptly notify in writing and transfer the clues to the competent departments at the same level when they find clues of intellectual property cases belonging to the competence of other departments in the process of dealing with intellectual property violations.
The provincial people's government shall promote the establishment of inter-provincial intellectual property rights law enforcement cooperation mechanism, and assist each other to do a good job in the investigation and evidence collection, and the service of documents.