People's governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
The Action Plan for the Protection of Intellectual Property Rights (2006-2007) has been approved by the State Council and is hereby issued to you. Please implement it carefully.
the General Office of the State Council
Press release issued on 27 March 2006
Action Plan for the Protection of Intellectual Property Rights (2006-2007)
In order to strengthen the protection of intellectual property rights, this Outline is formulated in accordance with relevant laws, regulations and provisions.
I. Guiding ideology
(1) Under the guidance of Deng Xiaoping Theory and Theory of Three Represents, implement Scientific Outlook on Development, establish and improve relevant laws and regulations, lay a solid foundation, strengthen comprehensive coordination, seize key areas and outstanding problems, implement responsibilities, strengthen administrative and judicial protection, and severely crack down on illegal and criminal acts infringing intellectual property rights according to law, so as to provide a strong guarantee for encouraging independent innovation and safeguarding the legitimate rights and interests of right holders.
Second, the work objectives
(2) Through solid and effective work, the enforcement capacity and efficiency of intellectual property protection have been significantly improved, the connection between administrative law enforcement and criminal justice has become closer, illegal and criminal acts infringing intellectual property rights have been effectively curbed, the awareness and ability of enterprises, research institutes and institutions of higher learning to create, manage, use and safeguard intellectual property rights have been enhanced, the public's awareness of intellectual property protection has been significantly improved, and new progress has been made in the construction of a long-term mechanism for intellectual property protection.
Third, the job requirements
(3) The general requirements are: strengthen overall coordination, form a top-down integrated linkage working mechanism, and break local protection; Combine daily supervision with special rectification, concentrate on investigating infringement cases with serious circumstances and bad influence, and severely crack down on infringing criminal gangs; Timely transfer suspected criminal cases found in administrative law enforcement to judicial organs, and intensify criminal crackdown.
(four) the protection of intellectual property rights in the important agenda of local people's governments at all levels, into the overall planning of economic and social development, strengthen organizational leadership, implement the responsibility system and accountability system. Improve the supervision system of intellectual property protection, establish an accountability system for intellectual property protection, conduct informed criticism in areas with serious problems, and hold relevant leaders accountable. Those who engage in local protection on intellectual property issues, or even cover up illegal and criminal acts, especially those suspected of engaging in malpractices for personal gain and failing to transfer criminal cases, should be dealt with severely according to law.
(five) to establish and improve the working mechanism of intellectual property protection under unified leadership and division of responsibilities among departments. It is necessary to strengthen the construction of law enforcement coordination mechanism of governments at all levels, especially local governments, set up a capable and efficient work team, provide necessary working conditions, play a good role in overall planning and coordination, establish a data statistics and notification system, and increase the supervision of cases. All intellectual property authorities and relevant departments should give full play to their functions and cooperate with each other. The public security and judicial organs should further intensify the crackdown and strengthen the criminal judicial protection of intellectual property rights. Development and reform, finance and other relevant departments should give necessary support to intellectual property protection. Publicity and education departments should actively cooperate with key work, organize media to conduct extensive publicity and in-depth reports, and pay attention to introducing China's work and achievements in protecting intellectual property rights abroad.
(6) Pay close attention to the reform and development direction of the current international intellectual property system, grasp the characteristics and laws of the development of intellectual property disputes at home and abroad, and put forward targeted countermeasures. Adapt to the needs of China's foreign trade development and intellectual property protection, actively participate in the formulation of international rules and expand China's influence in the field of international intellectual property protection. It is necessary to strengthen international exchanges and cooperation, properly resolve foreign-related intellectual property disputes, promote the establishment and improvement of multilateral and bilateral cooperation mechanisms to combat intellectual property infringement, and curb transnational and cross-border infringement.
(seven) to enrich the grassroots strength of trademark, culture, copyright, patent, public security and other departments and judicial organs, so that the law enforcement ability can adapt to the task. At the same time, vigorously promote the responsibility system for law enforcement, standardize law enforcement behavior, and earnestly enforce the law, strictly enforce the law, and prosecute those who violate the law.
Four. Work priorities and main measures
(8) crack down on piracy. Resolutely ban the production line of pirated CDs, severely investigate and deal with illegal and criminal acts of transporting pirated products through postal, aviation, highway, railway and other channels, clean up illegal stalls and vendors selling pirated CDs, and severely crack down on pirated books, teaching materials, teaching AIDS and online infringement and piracy. Continue to promote the use of genuine software.
(nine) continue to crack down on trademark infringement in the commodity trading market. It is necessary to focus on rectifying the commodity trading market with prominent infringement, strictly manage the responsibility of market organizers, and strengthen the supervision responsibility of administrative law enforcement departments. For long-term sales of counterfeit and infringing goods, the commodity trading market that is not rectified effectively should be ordered to rectify within a time limit, and serious infringements should be resolutely banned according to law.
(ten) to intensify the rectification of key issues of patent infringement. It is necessary to improve the ability and efficiency of handling patent infringement disputes, focusing on food and medicine, agriculture and high-tech fields, and strengthen patent protection. Continue to crack down on patent fraud, curb repetitive and mass patent infringement, and investigate and deal with counterfeiting patents and counterfeiting others' patents. It is necessary to start with the circulation link, use modern technical means to actively prevent, strengthen monitoring, deal with it quickly and resolutely crack down.
(eleven) to strengthen the protection of intellectual property rights in import and export. Customs should strengthen the management of infringement risk, actively adopt advanced inspection methods, improve the ability and efficiency of seizing infringing goods, and cut off the international circulation channels of infringing goods. Industry and commerce, customs, patent, commerce and other departments should cooperate closely, improve the supervision and service of export production and processing enterprises, especially licensed enterprises, establish the filing system of the entrusting party, help enterprises strengthen self-discipline and improve internal management, and enhance their ability to prevent infringement activities.
(12) Strengthen the management of intellectual property rights in exhibitions. It is necessary to carry out the "Blue Sky Exhibition Action" to protect the intellectual property rights of exhibitions, implement measures to protect intellectual property rights of exhibitions, strengthen the management of intellectual property rights of various exhibitions, and prevent domestic and foreign criminals from processing and selling counterfeit and infringing goods through exhibitions.
(thirteen) the establishment of a national complaint reporting service system. It is necessary to make full use of existing institutions and personnel, establish comprehensive service centers for reporting and complaining about intellectual property rights in 50 cities across the country, and strengthen case supervision through a complete working mechanism such as case acceptance, referral, tracking and supervision, feedback after completion, and situation summary.
Verb (abbreviation for verb) establishes a long-term mechanism.
(14) Improve the system of laws and regulations. In view of the outstanding problems existing in the current protection of intellectual property rights, we should improve relevant laws and regulations, enhance operability and intensify the crackdown. It is necessary to study and solve the calculation standard of the amount of illegal infringement income, curb the abuse of intellectual property rights, imitate well-known trademarks in enterprise names, trademarks and signs, and promote the construction of laws and regulations on intellectual property protection in the fields of genetic resources, traditional knowledge, folk literature and art.
(fifteen) to establish an efficient law enforcement coordination mechanism. It is necessary to improve the inter-departmental joint law enforcement mechanism and establish cross-regional working mechanisms such as case transfer, information notification and cooperation in investigation. China Intellectual Property Protection Network in Chinese and English will be opened, and a working platform with functions of information service, case supervision, data statistics, situation assessment, monitoring and early warning will be built, so as to realize the organic connection among law enforcement coordination agencies, administrative law enforcement departments and public security and judicial organs.
(sixteen) to improve the ability and level of intellectual property protection of enterprises. It is necessary to strengthen communication and coordination with domestic and foreign rights holders and provide intellectual property information consultation and public services in a timely manner. Strengthen the intellectual property review mechanism in economic activities such as enterprise mergers and acquisitions and technology transactions to avoid the loss of independent intellectual property rights. Support enterprises to use legal weapons and international rules to safeguard their rights and interests and prevent the abuse of intellectual property rights. Promote enterprises to establish and improve the intellectual property management system. Establish an overseas rights assistance mechanism for enterprises.
(seventeen) give full play to the role of industry associations and intellectual property intermediary organizations. It is necessary to encourage and support industry associations to carry out industry self-discipline and rights protection activities and effectively handle intellectual property disputes. Support intellectual property intermediary service institutions to expand service areas and improve service levels according to law. Promote the improvement of relevant laws, regulations and management measures, and rectify and standardize the intellectual property intermediary service market.
(eighteen) to strengthen publicity and training. It is necessary to take various forms to publicize the achievements made in China's intellectual property protection work in a timely manner and continuously enhance the awareness of intellectual property protection in the whole society. Establish a press conference system and continue to carry out intellectual property protection publicity week activities. Actively play the role of public opinion supervision and expose typical infringement cases. It is necessary to carry out training for party and government leading cadres, administrative law enforcement judicial personnel and enterprise management personnel through multiple channels and channels. The publicity and education of laws protecting intellectual property rights should be included in the "Five-Year Plan" and included in the teaching plan of primary and secondary schools. Institutions of higher learning should strengthen the discipline construction of intellectual property protection and the training of specialized personnel.
All regions and relevant departments should formulate specific work plans according to the spirit of this outline and their actual work, and earnestly implement them.