Chapter I General Provisions
Article 1 In order to implement the intellectual property strategy in major national scientific and technological projects (hereinafter referred to as "major projects"), make full use of the intellectual property system to improve the level of scientific and technological innovation, protect the achievements of scientific and technological innovation, promote the transfer and application of intellectual property rights, and provide intellectual property protection for cultivating and developing strategic emerging industries and solving major problems in economic and social development, in accordance with the Law on Scientific and Technological Progress, the Law on Promoting the Transformation of Scientific and Technological Achievements, the Patent Law and other laws and regulations of the state on the management of major scientific and technological projects.
Article 2 These Provisions shall apply to the intellectual property management of major projects as defined in the Outline of the National Medium-and Long-Term Scientific and Technological Development Plan (2006-2020).
The term "intellectual property rights" as mentioned in these Provisions refers to the patent right, the copyright of computer software, the exclusive right of integrated circuit layout design, the right of new plant varieties and the right of technical secrets.
Article 3 Departments and units that organize and participate in the implementation of major projects should incorporate intellectual property management into the whole process of major projects, grasp the trends of intellectual property rights, protect the achievements of scientific and technological innovation, clarify the rights and obligations of intellectual property rights, promote the use and diffusion of intellectual property rights, and comprehensively improve the ability to create, use, protect and manage intellectual property rights.
Chapter II Responsibilities of Intellectual Property Management
Article 4 The Ministry of Science and Technology, the National Development and Reform Commission and the Ministry of Finance (hereinafter referred to as the "three departments"), as the comprehensive management departments for the implementation of major special projects, are responsible for formulating the management systems and policies for major special intellectual property rights and handling major intellectual property issues in the implementation of major special projects.
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Implement overall coordination, macro guidance, supervision and inspection of major special intellectual property work.
China National Intellectual Property Administration and relevant intellectual property administrative departments should make effective use of the advantages of professional talents and information resources, and strengthen professional guidance and services for major special intellectual property work.
Article 5 Under the leadership of the special leading group, the leading organization unit of major projects shall be fully responsible for the intellectual property work of this major project:
(a) to formulate an intellectual property strategy that conforms to the characteristics of this major special scientific and technological innovation and industrialization;
(two) to formulate and implement special intellectual property management measures for this major;
(three) the establishment of intellectual property work system, the implementation of the relevant security conditions;
(four) to guide and supervise the protection, management and application of intellectual property rights of major achievements;
(five) the establishment of major special intellectual property database, promote the construction of intellectual property information sharing platform, the establishment of major special intellectual property early warning mechanism;
(six) to promote and organize the implementation of the standard strategy, and to study and put forward the intellectual property policy in the relevant standards.
Each major project implementation management office shall set up a special post, equipped with specialized personnel, responsible for this major special intellectual property work.
Major special leading groups and lead organizations may, according to needs, entrust intellectual property service agencies to provide consultation and services for the formulation and decision-making of major special intellectual property strategies.
Article 6 The full-time technical director of major projects leads the overall team and is responsible for organizing knowledge development.
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Intellectual property strategy analysis, put forward the technical direction and intellectual property strategy suggestions in the integrated scheme design, predict and evaluate the possible intellectual property problems in the industrialization of achievements, put forward countermeasures and suggestions, and give technical guidance to the intellectual property work of the project (subject).
The overall team of major projects should have intellectual property experts or designated experts to be responsible for intellectual property work.
Article 7 The unit in charge of a project (project) shall perform the following intellectual property management obligations for the project (project):
(a) put forward the intellectual property objectives of the project (project) and incorporate them into the contract management of the project (project);
(two) to formulate the work plan and process of intellectual property management of the project (subject), and integrate the intellectual property work into the whole process of R&D and industrialization;
(three) designate a person to be responsible for the intellectual property work of the project (project), and entrust an intellectual property service agency to provide consulting and services for the intellectual property work of the project (project) as needed;
(4) Organizing project (project) participants to participate in intellectual property training, and ensuring relevant personnel to master and apply relevant intellectual property knowledge skillfully;
(five) to fulfill the obligations of intellectual property management proposed in these Provisions, fulfill the obligations of information registration and reporting, and actively promote the use of intellectual property rights.
The legal representative of the responsible unit of the project (project) and the person in charge of the project (project) are responsible for the intellectual property work of each project (project). Due to the failure to fulfill the obligations stipulated in these Provisions, resulting in intellectual property losses or other losses, the major special leading group and the lead organization unit shall investigate the corresponding responsibilities of the legal representative and the person in charge of the project (project) according to these Provisions.
Eighth scientific research managers involved in the implementation of the project (subject) should improve their knowledge level.
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Intellectual property awareness, abide by the intellectual property management system, and assist relevant intellectual property work.
Those who violate the relevant provisions and cause losses shall bear corresponding responsibilities.
Article 9 During the implementation of major special projects, we should give full play to the intermediary services such as intellectual property agency, information service, strategic consultation and asset evaluation, strengthen the protection of major special intellectual property rights, improve the intellectual property strategy, and promote the application and diffusion of major special scientific and technological achievements and their intellectual property rights.
Intellectual property intermediary service institutions shall abide by professional ethics, earnestly perform their duties, and protect the interests of the state and clients to the maximum extent.
Chapter III Intellectual Property Management in the Implementation of Major Special Projects
Article 10 When preparing the five-year implementation plan, the lead organizing unit shall organize the research on intellectual property strategy, analyze the domestic and international intellectual property situation in this major special key field, and the analysis results shall serve as an important reference for formulating the five-year implementation plan, annual plan, project (subject) declaration guide, etc.
The analysis of intellectual property rights stipulated in the first paragraph of this article includes the distribution and protection of intellectual property rights in this major special technology field, the key technologies in the same industry in major countries and regions and their intellectual property protection scope, the impact on R&D and industrialization of related industries in China, and the intellectual property countermeasures for R&D and industrialization of this major special technology.
Article 11 When submitting the application materials, the applicant for a project (project) shall submit an analysis of the intellectual property status of the core technologies in this field, including the analysis objectives, retrieval methods and paths, the current intellectual property status and the distribution of major owners, the relevant intellectual property status of the unit, the main intellectual property objectives and risk response strategies of the project (project) and their impact on the industry. — 4 —
If the applicant of the project (subject) intends to use or purchase other people's intellectual property rights in research and development, it shall explain it in the application materials.
Take the lead in organizing the unit to conduct spot checks on the analysis of the intellectual property status of the project (subject) reporting unit. If the analysis of the intellectual property status of the project (project) reporting unit is fraudulent, its project (project) reporting qualification will be cancelled.
Article 12 The lead organization shall evaluate the project with intellectual property as an independent evaluation index, and reasonably determine its weight in the whole evaluation index system.
The lead organizing unit shall invite intellectual property experts to participate in the evaluation, and entrust intellectual property service agencies to summarize and evaluate the intellectual property objectives and feasibility of the applicant of the same project (subject) according to the needs, and the evaluation results will serve as an important basis for the project evaluation.
Thirteenth for the approved project (project), the lead organization unit and the project (project) responsible unit shall clearly stipulate the tasks and objectives of intellectual property rights in the task contract.
For projects (projects) undertaken by multiple units, each participating unit shall sign an agreement on the division of R&D tasks, the ownership of intellectual property rights and the distribution of benefits.
Fourteenth project (project) responsible units shall specify their respective intellectual property rights and obligations in the agreement when signing sub-projects or entrusting cooperative development agreements.
Article 15 During the implementation of a project (project), the responsible unit shall closely follow the development trends of intellectual property rights and technical standards in related technical fields, and timely adjust the research strategies and intellectual property measures of the project (project) accordingly according to relevant procedures.
In the process of project implementation, it is found that the project (project) objectives cannot be achieved due to the intellectual property rights restrictions of others, and it is necessary to make major adjustments to the research scheme and technical route. The responsible unit of the project (project) shall promptly report to the lead organization unit for approval. Project (main body) responsibility
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If any unit fails to carry out the follow-up analysis of intellectual property rights or intentionally conceals the analysis results, which leads to the failure to achieve the expected goal, the leading group for major projects and the lead organization unit shall, according to their respective functions and duties, give informed criticism, make corrections within a time limit, delay the allocation of project funds, terminate the project contract, recover the allocated funds, and cancel the qualification of undertaking major projects.
If the lead organizing unit finds that major intellectual property events have occurred in the fields involved in this major project, which brings significant risks to the implementation of major projects, it shall make timely analysis and evaluation, formulate countermeasures, adjust the layout, and submit for approval according to regulations.
Sixteenth major projects should establish a special database of intellectual property rights in this field, as an important part of the management information system of major projects, and open it to the responsible units of the project (project). Encourage the intellectual property information closely related to this field developed by the project (project) responsible unit and other institutions to be incorporated into the major special management information system and open to the project (project) responsible unit according to the market mechanism.
Article 17 When submitting the stage report and the acceptance application report, the responsible unit of the project (project) shall submit the intellectual property information as required, including the intellectual property category, application number and authorization (registration) number, application date and authorization (registration) date, obligee and right status, etc.
Article 18 The lead organizing unit shall regularly evaluate and analyze the overall situation of obtaining intellectual property rights in this major special application, track and compare the development trends at home and abroad, and study and put forward the intellectual property strategy for the next stage.
Nineteenth in the monitoring and evaluation of the three departments and major special leading groups, we should review the implementation of intellectual property work, intellectual property work system and system construction, and the projects (categories) of major special intellectual property strategies.
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(Title) Investigate and analyze the intellectual property management status of the responsible unit, the completion of the intellectual property objectives of the project (subject), the maintenance, transformation and application of the acquired intellectual property rights, make evaluation and judgment, and put forward countermeasures and suggestions.
Twentieth intellectual property rights is one of the important contents of major special acceptance.
The project (project) acceptance report shall include the completion of intellectual property tasks and objectives, the re-development of achievements and the forecast of industrialization prospects. If the intellectual property target agreed in the task contract is not completed, the responsible unit of the project (subject) shall explain it.
When the lead organization unit carries out the acceptance evaluation of the project (project), it shall make a clear evaluation on the completion, protection and application of the intellectual property tasks and objectives of the project (project) on the basis of the intellectual property objectives and assessment indicators agreed in the task contract.
In the acceptance organized by the three departments, each major project should explain the completion of this major special intellectual property task and its impact on industrial development.
Twenty-first major projects involved in intellectual property analysis, intellectual property evaluation, project (project) intellectual property acceptance, etc., should give full play to the guiding role of the intellectual property administrative department.
Chapter IV Ownership and Protection of Intellectual Property Rights
Article 22 The ownership of intellectual property rights of major projects shall be allocated according to the following principles:
(a) involving national security, national interests and major social interests, belonging to the state, the project (project) responsible units have the right to use it free of charge.
(two) in addition to the circumstances specified in item (a), the authorized project (subject) is obtained by the responsible unit according to law, and it is necessary for national security, national interests and major social interests, China.
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Families can do it for free, or allow others to do it for free.
The project (project) task contract shall clearly stipulate the ownership of intellectual property rights generated according to the above principles.
Measures for the administration of state-owned intellectual property rights shall be formulated separately. The lead organizational unit or its designated institution has the obligation to protect, manage and use the intellectual property rights owned by the state.
Article 23 The ownership of intellectual property rights formed by subprojects or cooperative development shall be implemented in accordance with the provisions of the first paragraph of Article 22 of these Provisions. When signing a sub-project or collaborative development task contract, the responsible unit of the project (project) shall inform the undertaking unit of the sub-project and collaborative development task of all the rights owned by the state in the intellectual property rights of the project (project). If the contents of the above contract conflict with the rights reserved by the state, it will not affect the state's exercise of relevant rights.
Article 24 Papers, academic reports, etc. Before publication, the responsible unit of the project (subject) shall conduct examination and registration, and the technical content that should be patented shall not be published, disclosed or leaked to others before filing a patent application. Without the approval of the publication, release or disclosure to others, so that the research results can not obtain patent protection, by the major special leading group, the lead organization unit according to their respective responsibilities shall be held directly responsible, project (project) responsible person, the legal representative of the responsibility.
Article 25 For the scientific and technological achievements produced by a project (project), the responsible unit of the project (project) shall, according to the characteristics of scientific and technological achievements and in accordance with the provisions of relevant laws and regulations, choose appropriate ways to protect them, such as applying for patent right, applying for new plant variety right, registering copyright or layout design of integrated circuits, and taking them as technical secrets.
For scientific and technological achievements, projects (courses) that should apply for intellectual property rights and have international market prospects.
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The responsible unit shall apply for foreign patent rights or other intellectual property rights within the priority period.
When the responsible unit of the project (project) fails to apply for intellectual property protection or take other protective measures, if the lead organizer thinks it necessary to take protective measures, it shall urge the responsible unit of the project (project) to take corresponding measures in writing, and if it still fails to take protective measures, the lead organizer may apply for intellectual property rights or take other corresponding protective measures on its own.
Article 26 For the scientific and technological achievements protected as technical secrets, the responsible unit of the project (project) shall clearly define and identify the technical information and its carriers that need to be protected, take confidentiality measures, and sign confidentiality agreements with scientific and technical personnel and other personnel who may be in contact with the technical secrets. If the secret-related personnel leave the unit due to transfer or retirement, they still bear the confidentiality obligations agreed in the agreement. Before leaving the unit, all technical data such as experimental records, materials, samples, products, equipment, drawings and computer software should be submitted to the unit.
Twenty-seventh project (project) responsible units shall reward the inventors, designers or creators of major special intellectual property rights. The responsible unit of the project (project) that has been granted the patent right shall, in accordance with the relevant provisions of the Patent Law and its detailed rules for implementation, reward the inventor, designer or designer of the service invention-creation.
Twenty-eighth the right holder intends to give up the intellectual property rights generated or purchased by major projects, it should be evaluated and reported to the lead organization for the record. Without evaluation to give up intellectual property rights or give up intellectual property rights for other reasons, the major special leading group and the lead organization unit shall, according to their respective functions and duties, give informed criticism to the responsible unit of the project (project) and its responsible person, and order it to improve the management of intellectual property rights.
Twenty-ninth project (project) responsible units can carry out knowledge production in the project (project).
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Intellectual property protection, maintenance, rights protection, evaluation and other affairs expenses are included in the funds for rights protection affairs.
After the acceptance of the project (subject), the responsible unit of the project (subject) shall, according to the needs, give necessary financial support to the application and maintenance of intellectual property rights generated by major special projects.
Chapter V Transfer and Application of Intellectual Property Rights
Thirtieth major project lead organizations and intellectual property rights holders should actively promote the transfer and application of intellectual property rights generated by major projects and accelerate the commercialization and industrialization of intellectual property rights.
Thirty-first major projects of intellectual property information, under the premise of not affecting the protection of intellectual property rights, state secrets and technical secrets, the project (project) responsible units should be widely disseminated.
If the responsible unit, licensee or transferee of the project (project) applies for intellectual property rights, publishes or transfers the scientific and technological achievements produced by the project (project), it shall indicate the "National Science and Technology Major Special Fund".
Thirty-second units responsible for projects (projects) are encouraged to incorporate their independent intellectual property rights into national standards and actively participate in the formulation of international standards.
Thirty-third major projects of intellectual property rights should be implemented in China first. Under normal circumstances, others should be licensed by means of non-exclusive license.
In any of the following circumstances, the transfer and licensing of intellectual property rights shall be reported to the lead agency for approval. If the lead organization unit is an enterprise, it shall be reported to the lead unit of the special leading group for approval.
(a) transfer or license to domestic institutions or individuals for exclusive implementation;
(2) Transferred or licensed to overseas organizations or individuals;
(three) due to mergers and acquisitions and other reasons, the right holder has changed. — 10 —
Transfer or license to overseas organizations or individuals, after approval, shall be implemented in accordance with the Regulations of People's Republic of China (PRC) Municipality on the Administration of Technology Import and Export.
If the main body is a public institution that implements the Financial Accounting System of Public Institutions, or a social organization or a private non-enterprise unit that implements the Accounting System of Non-profit Organizations, the intellectual property transfer license shall be carried out in accordance with the Interim Measures for the Administration of State-owned Assets of Public Institutions (Order No.36 of the Ministry of Finance).
Thirty-fourth major projects of intellectual property rights, the project (project) responsible units should first ensure the implementation of major projects by other project (project) responsible units.
When the project (project) responsible unit needs to use the intellectual property rights generated and purchased by other project (project) responsible units for major special research and development, the relevant intellectual property rights holders shall allow them to use them free of charge; When it is used for the purpose of industrialization of major special scientific and technological achievements, the relevant intellectual property rights holders shall license its implementation in accordance with the principles of equality, reasonableness and non-discrimination.
When obtaining permission to use other people's intellectual property rights for research and development purposes, the responsible unit of the project (project) shall stipulate in the license agreement that the licensor has the obligation to license the responsible unit of the project (project) for industrial purposes in accordance with the principles of equality, reasonableness and non-discrimination.
Thirty-fifth in any of the following circumstances, the lead organization unit may, in accordance with the provisions of Item (2) of the first paragraph of Article 22 of these Provisions, require the responsible unit of the project (project) to license others to implement it under reasonable conditions; If the responsible unit of the project (project) refuses to permit it without justifiable reasons, the lead organization unit may decide to promote its use within the approved scope and allow the designated unit to determine it.
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Paid or unpaid implementation during the period:
(a) for the needs of major national engineering construction;
(two) has a * * * to the development of industrialization, the key role, need to be popularized and applied;
(three) in order to maintain public health, it is necessary to promote the application;
(four) have a significant impact on national interests, major social interests and national security and need to be popularized and applied.
The designated implementation unit does not enjoy the exclusive right to implement. If a payment license is obtained, a reasonable royalty shall be agreed with the intellectual property holder.
Article 36 According to the Patent Law and its detailed rules for implementation and the Regulations on the Protection of Integrated Circuit Layout Design, China National Intellectual Property Administration may grant compulsory license or non-compulsory license to the invention patent, utility model patent and integrated circuit layout design produced by major special projects.
Article 37 When the unit in charge of a project (project) licenses or transfers the intellectual property rights arising from major special projects, it shall inform the licensee or transferee that the rights belong to the state. The licensing and transfer agreement does not affect the state's exercise of relevant rights.
Article 38 The unit in charge of a project (project) is encouraged to take the industrialization of scientific and technological achievements as the goal, establish a strategic alliance of industrial technological innovation according to the industrial chain, accelerate the application, transfer and diffusion of scientific and technological achievements in the industrial field through cross licensing and establishing an intellectual property sharing mechanism, and provide complete technical support and intellectual property protection for industrial and social development.
The lead organizational unit shall promote the establishment of strategic alliances for industrial technological innovation according to the deployment of major projects (topics) in different links of the industrial chain.
Thirty-ninth within five years after the end of the project, the project (project) responsible unit or heavy
The licensee or transferee of major special intellectual property rights shall report the application, redevelopment and industrialization of intellectual property rights according to the requirements of the lead organization unit of major special projects.
Fortieth project (project) responsible units shall reward those who have made important contributions to the completion of scientific and technological achievements and their transformation according to law.
Chapter VI Supplementary Provisions
Forty-first major projects can be based on these provisions, combined with the characteristics of this major project, to develop the implementation details of intellectual property management of this major project.
Article 42 The income from the transfer of intangible assets and the expenditure incurred in the purchase of intangible assets of public institutions shall be implemented in accordance with the relevant provisions of the Financial System of Public Institutions and the Interim Measures for the Administration of State-owned Assets of Public Institutions (Order No.36 of the Ministry of Finance).
Forty-third national defense science and technology intellectual property management in accordance with the relevant provisions.
Article 44 These Measures shall come into force on August 1 day, 2065438.