Provisions of Wuhan Municipality on Promoting Intellectual Property Rights

Article 1 In order to implement the national intellectual property strategy and further enhance the ability of our city to create, use, protect and manage intellectual property rights, these Provisions are formulated in accordance with the relevant intellectual property laws and regulations and the Outline of the National Intellectual Property Strategy, combined with the actual situation of this Municipality. Article 2 The municipal and district people's governments shall lead intellectual property work in a unified way, incorporate intellectual property work into the national economic and social development plan, ensure the funds needed for intellectual property work, and strengthen intellectual property publicity and education; According to the outline of the national intellectual property strategy, formulate the intellectual property strategy in this region and its annual promotion plan; Commend and reward units and individuals that have made remarkable achievements in intellectual property work.

The Municipal People's Government shall set up special intellectual property awards such as invention patent award, design award, well-known trademark award and standard award to encourage the creation and application of intellectual property rights. Article 3 Establish a coordination mechanism for municipal intellectual property work with the participation of intellectual property management departments such as patents, trademarks, copyrights, new plant varieties, geographical indications and layout design of integrated circuits, and relevant departments such as development and reform, economy and informatization, science and technology, commerce, culture and public security, and regularly study and solve major problems in intellectual property work, with the daily work undertaken by the Municipal Intellectual Property Office. Article 4 The municipal and district people's governments shall set up intellectual property rights to apply for subsidies, and encourage enterprises and institutions to apply for patents, registered trademarks, new plant varieties, geographical indications, layout-designs of integrated circuits and copyright registration. The funds keep increasing every year. Article 5 Enterprises are encouraged to invest in shares with intangible assets of intellectual property rights, which can account for up to 70% of the registered capital.

If the R&D expenses of enterprises and institutions form intangible assets, they can be amortized before tax according to 150% of the cost of intangible assets.

Encourage enterprises to realize the market value of intellectual property rights through intellectual property rights transfer, licensing and pledge. Income from intellectual property rights transfer license of enterprises shall enjoy preferential tax treatment in accordance with relevant regulations. Article 6 The municipal and district people's governments shall set up special funds for intellectual property pledge and discount interest, and give discount subsidies to qualified enterprises in granting intellectual property pledge loans in accordance with relevant regulations. Article 7 Use fiscal, monetary and investment policies to guide and support the industrialization of independent intellectual property rights of enterprises. The intellectual property management department shall support the key R&D and technological transformation projects in which enterprises have independent intellectual property rights or produce independent intellectual property rights in the R&D process.

For patented projects with market prospects and advanced technology, or enterprises in this city purchase patented technology from local universities and implement it locally, the intellectual property management department shall give appropriate financial support.

Support enterprises to transform patented technology into national standards, international standards and other standards.

Support the development of cultural industries such as publishing media, software development and animation production with copyright as the core. Encourage enterprises to attach importance to copyright registration, and implement free registration of outstanding works that reflect the cultural heritage and folk art of this city. Article 8 When an enterprise formulates and implements an intellectual property strategy, the intellectual property management department shall provide support and services in intellectual property information services, expert consultation and personnel training. Subsidize the expenses incurred by enterprises in entrusting professional institutions to formulate intellectual property strategies. Ninth support enterprises and institutions to establish a distribution mechanism for service inventions. During the period of validity of the patent right, the entity granted the patent right shall extract not less than 5% from the profits obtained from the implementation of the invention patent or utility model patent, or not less than 2% from the profits obtained from the implementation of the design patent as the remuneration of the inventor or designer, or pay the inventor or designer in one lump sum with reference to the above ratio, or agree on the remuneration ratio with the inventor or designer.

Where a unit that has been granted a patent right transfers or licenses others to exploit its patent, it shall, within three months after receiving the transfer fee or license fee, extract not less than 30% of the after-tax fee as remuneration and pay it to the inventor or designer. Article 10 This Municipality shall establish a public service platform for intellectual property information to provide intellectual property information services for enterprises' intellectual property novelty retrieval, key technical topics tracking, patent database establishment and intellectual property strategy research. Establish an intellectual property display and trading platform, and build an intellectual property trading market with sufficient information, active trading and good order through government guidance. Eleventh to strengthen the cultivation and introduction of intellectual property talents. Relying on Wuhan universities to establish intellectual property talent training bases to promote the training of intellectual property administrative management, enterprise intellectual property management, intellectual property intermediary services and other professionals in our city; Actively cultivate and introduce high-level compound talents with international intellectual property work experience and ability to deal with international intellectual property affairs. Twelfth to establish a working mechanism of intellectual property rights of major scientific and technological projects, and pay attention to strengthening intellectual property management at all stages of scientific and technological project management, such as project application guide, project contract signing, project evaluation and acceptance. Article 13 The administrative department of intellectual property rights shall strengthen the research and monitoring of the development trend of intellectual property rights in key industries, enterprises, products and key fields, and issue and issue early warning of possible intellectual property disputes, disputes and emergencies involving a wide range and great influence in accordance with relevant regulations.