China National Intellectual Property Administration is the directly affiliated institution in charge of patent work and overall coordination of foreign-related intellectual property affairs in the State Council. Formerly known as the Patent Office of the People's Republic of China (hereinafter referred to as the China Patent Office). 1980 was established with the approval of the State Council.
China National Intellectual Property Administration is responsible for the protection of intellectual property rights, promoting the construction of an intellectual property protection system, registering trademarks, patents and geographical indications of origin and making administrative rulings, and guiding the enforcement of trademarks and patents.
Main responsibilities:
(a) responsible for drafting and organizing the implementation of the national intellectual property strategy. Formulate major principles, policies and development plans to strengthen the construction of a strong intellectual property country. Formulate and implement management policies and systems, and strengthen the creation, protection and application of intellectual property rights.
(2) Responsible for protecting intellectual property rights. Formulate and organize the implementation of intellectual property rights systems that strictly protect trademarks, patents, geographical indications of origin, layout design of integrated circuits, organize the drafting of relevant laws and regulations, formulate departmental rules, and supervise the implementation. To study intellectual property protection, management and service policies that encourage innovation in new fields, new formats and new models. To study and put forward the construction scheme of intellectual property protection system and organize its implementation, and promote the construction of intellectual property protection system. Responsible for guiding trademark and patent law enforcement, guiding local intellectual property disputes, rights protection assistance and dispute mediation.
(3) To be responsible for promoting the use of intellectual property rights. Formulate policies on the use and supervision of intellectual property rights to promote the transfer and transformation of intellectual property rights. Standardize the evaluation of intangible assets of intellectual property rights. Responsible for patent compulsory licensing related work. Formulate policies and measures for the development and supervision of intellectual property intermediary services.
(four) responsible for the examination, registration and administrative adjudication of intellectual property rights. Implementing trademark registration, patent examination and layout design registration of integrated circuits. Responsible for administrative rulings such as trademark, patent, integrated circuit layout design review and invalidation. Formulate a unified system for identifying geographical indications of origin and organize their implementation.
(five) responsible for the establishment of intellectual property public service system. Build a national public service platform for intellectual property information that is convenient for the people and the people, and promote the dissemination and utilization of intellectual property information such as trademarks and patents.
(six) responsible for coordinating foreign-related intellectual property matters. According to the division of labor, formulate policies on foreign-related intellectual property rights and conduct foreign intellectual property rights negotiations. Carry out international liaison, cooperation and exchange activities in intellectual property work.
(seven) to complete other tasks assigned by the CPC Central Committee and the State Council.
(8) Function conversion.
1. Further integrate resources, optimize processes, effectively use information technology, shorten the registration time of intellectual property rights, improve the level of service facilitation, and improve the quality and efficiency of examination.
2. Further relax the access to intellectual property services, expand the opening up of patent agencies, and relax the conditions for shareholders or partners of patent agencies.
3. Accelerate the construction of public service platform for intellectual property information, collect global intellectual property information, strengthen patent navigation according to industrial fields, provide convenient inquiry and consultation services for entrepreneurial innovation, realize free or low-cost information opening, and raise the awareness of intellectual property protection and risk prevention in the whole society.
4. Strengthen the credit supervision of trademark registration and abnormal patent application, standardize trademark registration and patent application, and safeguard the legitimate rights and interests of obligees.
(9) Division of responsibilities.
1. Division of responsibilities with the State Administration of Market Supervision. China National Intellectual Property Administration is responsible for the business guidance of trademark patent law enforcement, formulating and guiding the implementation of trademark rights, patents and infringement judgment standards, formulating inspection and appraisal standards of trademark patent law enforcement, establishing mechanisms, and doing a good job in policy standards convergence and information notification. The State Administration of Market Supervision is responsible for organizing and guiding trademark patent law enforcement.
2. Division of responsibilities with the Ministry of Commerce. China National Intellectual Property Administration is responsible for coordinating foreign-related intellectual property affairs. The Ministry of Commerce is responsible for multilateral and bilateral negotiations on intellectual property rights related to economy and trade, bilateral consultation mechanism for intellectual property cooperation and coordination of domestic positions.
3. Division of responsibilities with the National Copyright Administration. Work related to copyright management shall be carried out in accordance with the provisions of the Central Committee of the Communist Party of China and the State Council on copyright management functions.
Legal basis:
Article 24 of the Regulations on Patent Agency (Order No.706 of the State Council) Where anyone conceals the real situation or obtains the patent agency's practice license or patent agent's qualification certificate by deception, the patent administrative department in the State Council shall revoke his practice license and patent agent's qualification certificate.
After obtaining the practice license, if the patent agency no longer meets the conditions stipulated in these regulations due to changes in circumstances, the patent administration department of the State Council shall order it to make corrections within a time limit; If it fails to make corrections within the time limit or fails to pass the rectification, its practice license shall be revoked.
Article 25 Where a patent agency commits any of the following acts, the administrative department for patent affairs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall order it to make corrections within a time limit, give it a warning and may impose a fine of more than 6,543,800 yuan; If the circumstances are serious or it is not corrected within the time limit, the patent administrative department of the State Council shall order it to stop undertaking new patent agency business for 6 months to 12 months until the practice license of patent agency is revoked:
(1) The partner, shareholder or legal representative has changed and has not gone through the formalities for change;
(2) Accepting the entrustment of other parties with conflicts of interest on the same patent application or patent right;
(3) Entrusting a patent agent to engage in patent agency business that conflicts with himself or his close relatives;
(4) disclosing the contents of the invention and creation of the client, or applying for a patent in his own name or requesting the invalidation of the patent right;
(five) neglect of management, resulting in serious consequences.
In the course of practice, professional institutions that disclose the inventions and creations of their clients, which involve the disclosure of state secrets or the infringement of commercial secrets, or pay bribes to the staff of relevant administrative and judicial organs or provide false evidence shall bear legal responsibilities in accordance with the provisions of relevant laws and administrative regulations; The patent administrative department in the State Council shall revoke the practice license of the patent agency.