I. Development environment
During the Eleventh Five-Year Plan period, our province has made remarkable achievements in intellectual property development.
In 2008, the state and our province promulgated and implemented the outline of intellectual property strategy, which has become the basic strategy for the economic and social development of our province. The province's intellectual property work is closely focused on serving and promoting the comprehensive revitalization of Liaoning's old industrial base, focusing on improving the ability of market players to create and use intellectual property rights, strengthening intellectual property publicity and training and talent team building, gradually improving local laws, regulations and policy systems, and constantly improving the level of intellectual property law enforcement and management capabilities.
The quantity and quality of patents have jumped to a new level. During the 11th Five-Year Plan period,133,392 patents were applied, with an average annual growth rate of 16.9%, and 56,967 patents were granted, with an average annual growth rate of 22.5%. Among them, 36,659 invention patents were applied, ranking seventh in China, with an average annual growth rate of 24.8%, and 8 patents were granted, with an average annual growth rate of 20. The number of foreign patent applications has increased substantially year by year. By the end of 20 10, the number of invention patents per million people in the province was 1.9.
The ability to effectively use patents has been continuously enhanced. Through the implementation of the "Industrial Enterprise Strengthening Project" in the whole province, a number of enterprises with intellectual property advantages with core competitiveness have emerged, and a number of intellectual property demonstration enterprises and pilot enterprises with influence in the adjustment of industrial structure and intellectual property work in the whole province have been cultivated. The output value of products with independent intellectual property rights accounts for the proportion of high-tech output value, and the ability of enterprises to participate in market competition by using intellectual property rights has been significantly improved. Patent technology trading is active, and the scale of "China International Patent Technology and Products Fair" and "New Technology Matchmaking Meeting for Revitalizing the Old Industrial Base in Northeast China" is constantly expanding, and a large number of excellent patent projects have been settled in Liaoning and implemented and industrialized.
The administrative enforcement of intellectual property rights has achieved results. The province's intellectual property law enforcement team is growing, with a total of 500 patent law enforcement personnel. Through the implementation of the "Hundred Flowers Project" of patent protection in Liaoning Province, industrial enterprises will be promoted to establish a long-term mechanism for patent rights protection, and commodity circulation enterprises will establish a long-term mechanism for patent protection focusing on combating counterfeiting. In order to safeguard the legitimate interests of rights holders, China (Liaoning) Intellectual Property Rights Assistance Center, China (Shenyang) Intellectual Property Rights Assistance Center, China (Anshan) Intellectual Property Rights Assistance Center, China (Benxi) Intellectual Property Rights Assistance Center and China (Dalian) Intellectual Property Rights Assistance Center have been established successively, and the public service hotline of "12330" has been opened.
Intellectual property management and service capabilities have been continuously improved. A three-level intellectual property management system at the provincial, municipal and county (district) levels has been initially established, and the construction of intellectual property culture has been steadily promoted by holding activities such as "4.26 Intellectual Property Publicity Week" every year. Strengthen intellectual property management and practical training to cultivate intellectual property professionals. The province's intellectual property service system has been continuously improved.
During the "Twelfth Five-Year Plan" period, the trend of economic globalization will continue to develop in depth, and strategic emerging industries based on high and new technologies will emerge one after another. The competition of comprehensive national strength will increasingly depend on the ability to create and use intellectual property rights, and the protection of intellectual property rights will become an important factor affecting international industrial transfer. Intellectual property rights, as the focal point and breakthrough to solve the difficult problems of economic development, accelerate the transformation of economic development mode and build a modern industrial system, are increasingly becoming the knowledge of party committees, governments and the public at all levels. Under the new situation, the intellectual property work in our province is facing new challenges: the reform of the system and mechanism needs to be further deepened, the degree of intellectual property departments' participation in macro-decision-making and major policy formulation is low, the innovation incentive mechanism of the whole society is not perfect, the ability of enterprises to create and use intellectual property rights needs to be comprehensively improved, the administrative enforcement of intellectual property rights is still insufficient, there is a big gap between the construction of intellectual property service system and the ability of personnel training and the needs of economic and social development, and the public's awareness of intellectual property rights needs to be improved.
Second, the guiding ideology and development goals
(A) the guiding ideology
Guided by Deng Xiaoping Theory and Theory of Three Represents, we will thoroughly implement Scientific Outlook on Development and fully implement the national and provincial intellectual property strategies in accordance with the principle of "encouraging creation, effective use, legal protection and scientific management"; Based on creating a good intellectual property social environment, legal environment, market environment and cultural environment, we will strive to improve the ability of market participants to create and use intellectual property rights, and strive to form a number of technologies, products and enterprises with independent intellectual property rights, outstanding characteristics and strong core competitiveness, and comprehensively improve the comprehensive intellectual property rights capacity and overall level of our province, providing strong support for building an innovative Liaoning and building a well-off society in an all-round way.
"Twelfth Five-Year Plan" period, the province's intellectual property work should adhere to the following principles:
-Promoting the integration of intellectual property rights and economy. Focusing on service and promotion, we will accelerate the overall revitalization of Liaoning's old industrial bases, strengthen the guiding role of intellectual property rights in industrial, regional, scientific and technological and trade policies, and promote the role of intellectual property rights in industrial restructuring and development mode transformation. The ability and level of market players to create, use, protect and manage intellectual property rights have been greatly improved.
-Accelerating the creation and application of intellectual property rights. Encourage independent innovation, speed up the dissemination and application of patent technology information, speed up the construction of patent technology transformation system and investment and financing mechanism, and enhance the ability of enterprises to master and use patent system and patent resources to participate in international competition. Develop and form a number of advantageous enterprises and enterprise groups with independent intellectual property rights, core technologies, strong international competitiveness and radiation-driven ability.
-Promoting intellectual property protection. Give full play to the role of intellectual property protection and innovation, improve local intellectual property laws and regulations, establish a long-term mechanism for intellectual property protection, focus on cracking down on counterfeit patents and infringement, improve law enforcement efficiency, and improve the legal environment for independent innovation.
-Strengthening the capacity building of intellectual property work. Give play to the central role of the government in system innovation, macro-control, creating market environment and providing public services. Accelerate the construction of intellectual property professionals and improve the ability and level of intellectual property intermediary services. Establish and improve the intellectual property management, protection and social intermediary service system that meets the requirements of the socialist market economy.
(2) development goals
By 20 15, our province will have strong innovation vitality, complete factor market, smooth transformation channels, strong intellectual property protection, intellectual property talents gathering and intellectual property system promoting scientific and technological progress, cultural prosperity and economic and social development, laying a solid foundation for building Liaoning into a strong intellectual property province.
-steadily improve the ownership and quality of independent intellectual property rights. The average annual growth rate of invention patent application and authorization in the province is maintained at 14%, and the number of patent applications abroad is increasing year by year. In the high-tech field, a considerable number of inventions have reached the international leading level or advanced level. The number of invention patents per million population is not less than 3.3.
-The use of intellectual property rights has been significantly enhanced. The intellectual property management system of enterprises has been further improved, and the ability to participate in market competition by using intellectual property rights has been significantly improved. We will increase support for the industrialization of independent innovation achievements in high-tech fields, and the effective implementation rate of patents will remain at around 25%. Cultivate a number of enterprises and enterprise groups with intellectual property advantages who are skilled in using the intellectual property system and have strong international competitiveness.
-Strengthening the rule of law on intellectual property rights. Improve the local intellectual property laws, regulations and policy system, and initially establish a law enforcement system that meets the needs of the province's economic, social and intellectual property development. The protection of intellectual property rights and the environment have been significantly improved, and the legitimate rights and interests of intellectual property rights holders have been effectively safeguarded.
-Accelerating the dissemination of intellectual property information. Improve "one system, two mechanisms and three platforms". Namely, establishing an intellectual property information service system; Explore the establishment of an intellectual property tracking and early warning mechanism and an intellectual property review mechanism for major economic and technological projects; Constantly improve the construction of government information publishing platform, patent information service public platform and intellectual property display and trading platform.
-Accelerate the training of intellectual property talents. Improve the intellectual property training of party and government leading cadres and enterprise managers at all levels, establish an evaluation and employment mechanism for intellectual property engineers, cultivate a team of intellectual property management and application talents to meet the development needs of enterprises, universities, research institutes and other enterprises and institutions, and build an intermediary service system to meet the needs of intellectual property development in the province.
Third, the focus of work
(A) the implementation of intellectual property strategy
Vigorously promote the implementation of the patent strategy. Give further play to the overall coordination role of the joint meeting system for the implementation of the provincial intellectual property strategy, and accelerate the pace of building a national new industrial base in our province. Taking the opportunity of industrial structure adjustment, optimization and upgrading, we will carry out the "Project of Developing Strong Enterprises" in depth, deepen the pilot demonstration of intellectual property rights, enhance the independent innovation ability of enterprises, form a number of advantageous enterprises and enterprise groups with independent intellectual property rights, strong core competitiveness and strong radiation-driven ability in advantageous fields and pillar industries, and greatly increase the proportion of independent intellectual property products in the province.
Strengthen the layout of industry patents. Strengthen the research on the development trend of intellectual property rights in the technical field of advantageous industries in our province and the status of technical barriers to trade abroad. Establish a patent early warning mechanism for advantageous industries and major projects in our province, and guide industries and enterprises to pay attention to the patent layout of technological innovation and industrial development. Promote the transformation of industrial development in our province from product "manufacturing" to intellectual property "creation", and make intellectual property a new driving force for the development of enterprises, industries and regions in our province.
Promote the creation, application, protection and management of intellectual property rights in Liaoning coastal economic belt. Focus on cultivating core technologies of independent intellectual property rights in information industry, software and creative industry, modern equipment manufacturing industry, shipbuilding industry, petrochemical industry, marine bioengineering and pharmacy, energy conservation and environmental protection, new energy, new materials, clothing and furniture and modern service industry, and the proportion of intellectual property-intensive goods has increased significantly.
Comprehensively improve the independent innovation ability and competitiveness of Shenyang Economic Zone. Focusing on expanding the equipment manufacturing industry and high-processing raw materials industry, we will promote the development and possession of intellectual property rights in key industries such as CNC machine tools, equipment manufacturing, iron and steel metallurgy, petrochemical industry, automobile manufacturing, aerospace, high-speed railway, creative industry, information industry, biomedicine and modern Chinese medicine, as well as high-tech, energy-saving and environmental protection, and modern service industries. Rely on independent intellectual property rights to promote the adjustment, optimization and upgrading of regional industrial structure, and the effect of using intellectual property rights is significantly enhanced.
Support the cultivation and development of a number of products and industries with regional economic characteristics and independent intellectual property rights in northwest Liaoning. According to the characteristics of economic development in northwest Liaoning and the needs of sustainable development of resource-based cities, we will implement the policy of supporting intellectual property rights, promote the cultivation of independent intellectual property rights in photovoltaic industry, petrochemical industry, building materials industry, iron and steel metallurgy, shipbuilding industry, equipment manufacturing, energy conservation and environmental protection, new energy, new materials and modern agriculture in this region, and promote the coordinated development of regional economy.
Implement the project of strengthening the county with intellectual property rights. Strengthen the creation, application, protection and management of intellectual property rights of county private economy and small and medium-sized enterprises, support the cultivation of a number of small and medium-sized enterprises and private economy with independent intellectual property rights, deepen the establishment of pilot demonstration counties (cities, districts) of intellectual property rights, and form a number of county economic zones and industrial clusters with independent intellectual property rights, outstanding industrial characteristics and strong core competitiveness in the province.
Promote the application of intellectual property system in high-tech parks, economic and technological development zones, university science parks and various characteristic parks. Give full play to the role of creating, incubating, leading and radiating intellectual property rights, and promote all kinds of economic and technological development zones and high-tech parks in the province to consciously use intellectual property policies and systems in independent innovation through the leading and driving of intellectual property demonstration parks. Encourage qualified high-tech parks to strive for the recognition of national intellectual property demonstration parks, help qualified cities to create national intellectual property pilot demonstration cities, and comprehensively improve the ability of cities to use intellectual property rights and respond to intellectual property competition.
(b) Stimulating the creation and use of intellectual property rights
Encourage enterprises to innovate independently and form independent intellectual property rights. Support enterprises to form independent intellectual property rights through original innovation, integrated innovation, introduction, digestion, absorption and re-innovation, and improve the ability of transforming innovation results into intellectual property rights. Strengthen the identification of job and non-job inventions and creations, and support enterprises and other market entities to obtain intellectual property rights outside the country (territory). Guide and support enterprises to conduct intellectual property information retrieval before technology development and business activities. Cultivate and support a number of key areas such as equipment manufacturing, high-processing raw materials industry and information industry, and form a number of core independent intellectual property rights and technical standards.
Vigorously promote the construction of patent policy system. Use fiscal, financial, investment, government procurement policies and industrial, energy and environmental protection policies to guide and support market players to create and use intellectual property rights. Improve the right ownership and benefit sharing mechanism of government-funded scientific research achievements. Incorporate intellectual property indicators such as patents into the evaluation system for the implementation of science and technology plans and the performance appraisal system for state-owned holding enterprises. Support institutions of higher learning and scientific research institutes to incorporate the quantity, quality and application of intellectual property rights into the evaluation index system for the title evaluation and rank promotion of teaching staff and scientific research personnel, and improve the weight of intellectual property rights in scientific research achievements.
Improve the intellectual property reward system. The "year-on-year growth rate of invention patent applications in China" is taken as an evaluation index and incorporated into the government performance evaluation system. The implementation of the government's intellectual property special reward system, won the China Patent Gold Award and other intellectual property projects, the provincial government gave a one-time reward of 500,000 yuan, and the unit that won the China Patent Excellence Award gave a one-time reward of 200,000 yuan. Municipalities and counties (cities, districts) governments should formulate specific incentives in light of local conditions.
Improve the patent technology trading system. Based on the national patent technology exhibition and trading center, online trading, other technical property rights trading and municipal patent technology trading market, we will build a patent trading system with sufficient information, active trading and good order. Continue to run the "China International Patent Technology and Products Fair" and "Revitalizing the New Patent Technology Matchmaking Meeting of the Old Industrial Base in Northeast China" to build a national key patent technology market brand. Guide enterprises to realize the market value of intellectual property rights through intellectual property rights transfer, licensing and pledge.
Strengthen the use of special funds for patent transformation. Provincial patent conversion funds are mainly invested in high-tech projects such as advanced equipment manufacturing, new materials, electronic information, biotechnology, energy conservation and environmental protection, and deep processing of agricultural products. At the same time, it is inclined to Liaoning coastal economic belt, Shenyang economic zone, northwest Liaoning, pilot demonstration units of intellectual property rights, innovative small and medium-sized enterprises in high-tech parks and patent parks. City, county (city, district) governments should also set up special funds for patent transformation to support the transformation and industrialization of local patent technology.
Give full play to the role of patent application funding. The funds are mainly used for patent applications for major inventions and key technology projects, patent applications for inventions of enterprises in pilot counties of intellectual property work, and patent applications for service inventions of enterprises in high-tech parks and scientific research institutes in universities. The governments of cities and counties (cities, districts) shall arrange a certain amount of patent application funds according to the situation, and use them together with the provincial patent application funds.
Establish and improve the investment and financing mechanism of intellectual property rights. Encourage, guide and support financial and venture capital institutions to increase capital investment in patent transformation and industrialization. Further improve the credit guarantee system and increase the guarantee of enterprise patent conversion loans. Encourage and guide foreign capital and private capital to participate in the capital operation of enterprises with independent intellectual property rights by means of sole proprietorship, cooperation, joint venture, equity participation and franchising. Commercial banks are encouraged to provide intellectual property pledge loans to small and medium-sized enterprises with independent intellectual property rights.
(3) Strengthening the protection of intellectual property rights
Improve local intellectual property laws and regulations. Strengthen the forward-looking study of intellectual property policies and regulations in our province, establish and improve local laws, government regulations and policies on intellectual property that meet the characteristics of intellectual property rights in our province and the needs of economic and social development, and revise the Regulations on Patent Protection in Liaoning Province.
Give full play to the advantages of patent administrative law enforcement. Strengthen the training of intellectual property law enforcement personnel, improve the quality of law enforcement personnel, and improve the efficiency and level of law enforcement. We will improve the administrative law enforcement system of intellectual property rights at the provincial, city and county levels, focus on improving the conditions of intellectual property law enforcement, and effectively solve outstanding problems such as lack of professionals, shortage of funds, and backward law enforcement equipment. Carry out special actions for intellectual property protection in a planned and focused manner. Strengthen the administrative enforcement of intellectual property rights in exhibitions.
Establish and improve the administrative law enforcement and management system of intellectual property rights. Further strengthen the coordination mechanism of intellectual property law enforcement and protection, increase the cooperation and coordination of administrative law enforcement in intellectual property protection between regions, strengthen the supervision and guidance of administrative law enforcement cases, and effectively curb all kinds of intellectual property infringement.
(4) Improve the capacity and level of public services.
Strengthen the dissemination and utilization of patent information. Improve the ability and level of patent information institutions to carry out patent information services, and guide innovative subjects to strengthen the utilization of patent information. Under the guidance and support of the national public service platform for basic patent information, we will build and improve the public service platform for intellectual property information in our province. Timely and accurately grasp the international rules of intellectual property rights and the laws, policies and development trends of major trading partners, carry out research reports on patent technology trends of strategic emerging industries, and strengthen patent analysis and early warning for the development of emerging industries and key industries.
Promote the establishment of a patent examination mechanism for major economic activities. Select key industries and key projects to evaluate and track the status of intellectual property rights, promote the establishment of a patent examination mechanism for major economic activities, prevent and reduce intellectual property risks and avoid the loss of intellectual property rights.
Effectively carry out intellectual property protection assistance. Further promote the establishment of intellectual property rights protection assistance institutions and improve the acceptance mechanism of intellectual property reports and complaints. For overseas intellectual property disputes, disputes and emergencies that may affect our province's industrial technology, involve a wide range and have great influence, we must formulate plans and properly deal with them.
(5) Accelerate the development of intellectual property services.
Cultivate intellectual property services. Incorporate the intellectual property intermediary service industry into the development plan of modern service industry. Improve and strengthen the management of intellectual property intermediary services such as agency, consultation, evaluation, appraisal, transaction and litigation. The establishment of intellectual property intermediary service training system, standardize the management of professional qualifications and integrity construction. Support the development of intellectual property intermediary services in the direction of marketization, scale and internationalization.
Give play to the role of trade associations and societies. Support trade associations and societies to carry out intellectual property work, promote the exchange of intellectual property information, and organize * * * rights protection. Strengthen the government's supervision and guidance on the intellectual property work of trade associations.
Strengthen foreign exchanges and cooperation in the field of intellectual property rights.
Carry out international exchanges and cooperation. Actively carry out mutual visits, mutual training, academic exchanges, information communication and business consultations with foreign intellectual property circles to enhance understanding of intellectual property rules in international economic and trade cooperation. Encourage foreign cooperation in the training of intellectual property talents and support the introduction or employment of overseas high-level intellectual property talents.
Promote the international development of enterprises. Encourage powerful enterprises to implement the strategy of "going out" and increase support for key links of overseas expansion of enterprises. Give appropriate subsidies to the application fees for applying for foreign patents and PCT patents abroad. Support enterprises to produce and export patented products with high added value. Encourage enterprises to obtain foreign patented technology through mergers and acquisitions, holding and other means. Promote the establishment of overseas rights protection and dispute settlement mechanisms.
(7) Vigorously cultivate intellectual property professionals.
Carry out universal education. Encourage colleges and universities to offer intellectual property disciplines and carry out dual-degree education in intellectual property among science and engineering students. Support qualified universities to set up undergraduate majors in intellectual property and set up master's degree awarding points in intellectual property. Choose qualified universities to establish intellectual property training bases.
Strengthen the training of high-end professionals. Constantly expand the ranks of patent talents and promote the optimization and upgrading of the structure of patent talents. Vigorously cultivate high-end talents such as patent administrative law enforcement, patent management talents in enterprises and institutions, patent agency, patent information retrieval and analysis. Focus on training 100 high-level intellectual property management talents, 100 high-quality intellectual property service talents, and 1000 enterprise intellectual property engineers with strong intellectual property management and application capabilities.
Create an environment for talent growth. Further improve the relevant systems for attracting, using and managing intellectual property professionals, establish an evaluation and employment mechanism for intellectual property engineers, optimize the talent structure, promote the rational flow of talents, and accelerate the construction of provincial and municipal intellectual property talent pools and professional talent information network platforms.
(eight) to cultivate intellectual property culture
Establish an intellectual property publicity system led by the government, supported by the news media and widely participated by the public, vigorously promote the popularization of intellectual property publicity and the construction of intellectual property culture, and guide the establishment of intellectual property cultural concepts that respect knowledge, advocate innovation and abide by the law. Continue to carry out intellectual property publicity week activities and establish a press release system for intellectual property protection. Publicize intellectual property laws and regulations, basic knowledge, typical cases and work experience in a planned and purposeful way, and form a good social atmosphere for respecting and protecting intellectual property rights.