The people's governments at or above the county level shall incorporate the protection of intellectual property rights into the national economic and social development plan, and include the funds for intellectual property protection into the fiscal budget at the corresponding level. Article 4 The market supervision department of the people's government at or above the county level shall be responsible for the administrative protection of patents, trademarks, geographical indication products and trade secrets.
The local copyright administrative departments at or above the county level shall be responsible for the administrative protection of copyright.
The agricultural, rural and forestry departments of the people's governments at or above the county level shall be responsible for the administrative protection of new plant varieties and geographical indications of agricultural products in accordance with their respective duties.
The relevant departments responsible for intellectual property protection, such as press and publication, development and reform, education, science and technology, industry and informatization, public security, judicial administration, finance, human resources and social security, commerce, culture and tourism, health, radio and television, local financial supervision, customs, drug supervision and traditional Chinese medicine, shall do a good job in intellectual property protection according to their respective duties.
The departments specified in the first, second and third paragraphs of this article are hereinafter collectively referred to as the competent departments responsible for intellectual property protection. Article 5 The provincial people's government shall improve the joint meeting system for the implementation of intellectual property strategy, promote the creation, application, protection, management and service of intellectual property throughout the province, and coordinate and solve major problems in intellectual property protection. Article 6 The provincial people's government shall publish a white paper on intellectual property protection every year, and disclose the status of intellectual property protection in this province to the public.
The people's governments at or above the county level and their relevant departments shall strengthen the publicity and guidance of intellectual property protection, organize news media to carry out public welfare publicity on intellectual property protection through various forms, and create an intellectual property protection environment that respects intellectual value, advocates innovation, and is honest and law-abiding. Article 7 The provincial people's government shall strengthen the construction of intellectual property cooperation mechanism in Guangdong-Hong Kong-Macao Greater Bay Area, promote intellectual property protection cooperation, dispute resolution, information sharing, academic research and personnel training, and comprehensively strengthen exchanges and cooperation in the field of intellectual property protection, relying on the regional intellectual property cooperation mechanism in Guangdong, Hong Kong and Macao and the Pan-Pearl River Delta.
The people's governments listed at the provincial and prefecture levels shall broaden the channels for foreign cooperation and exchange of intellectual property rights, and encourage and support enterprises, social organizations and intellectual property service institutions to carry out international exchanges and cooperation in intellectual property protection according to law. Eighth people's governments at or above the county level shall, in accordance with the relevant provisions of the state, commend and reward the collectives and individuals who have made outstanding contributions to the protection of intellectual property rights. Chapter II Administrative Protection Article 9 The people's governments at or above the county level shall strengthen the source protection of intellectual property rights, promote the creation and reserve of intellectual property rights in key core areas, and promote the establishment of industrial intellectual property alliances and industrial patent pools; Support and guide natural persons, legal persons and unincorporated organizations to obtain intellectual property rights according to law, and improve the quality of intellectual property application and registration and the efficiency of intellectual property management.
The competent department of intellectual property protection shall strengthen the quality supervision of intellectual property application registration, and investigate and deal with abnormal patent applications, malicious registration of trademarks, duplicate registration of copyright of works, malicious registration and other acts according to law. Article 10 The competent authorities and relevant departments responsible for intellectual property protection should strengthen the intelligent construction of intellectual property protection, and use new technologies such as big data, artificial intelligence and blockchain to innovate protection methods in the aspects of clue and information verification, source tracing, key commodity flow tracking, network dissemination of key works, real-time monitoring and online identification of infringement, evidence collection and storage, and online dispute resolution. Eleventh people's governments at the provincial and prefecture level shall establish and improve the analysis and evaluation mechanism of intellectual property rights. For major regional and industrial planning, major government investment projects, major independent innovation projects, major technology introduction or export projects, major talent management and introduction projects and other major economic and technological activities established by using financial funds or state-owned capital, the competent project department shall organize the analysis and evaluation of intellectual property rights to prevent intellectual property risks.
Business, science and technology, agriculture and rural areas, market supervision, forestry and other relevant departments. In accordance with the relevant provisions of the state, the review of foreign transfer of intellectual property rights should be carried out to safeguard national security and major public interests. Article 12 The provincial people's government shall establish and improve the cooperation mechanism of intellectual property law enforcement, establish a unified and coordinated law enforcement standard, evidence rules and case guidance system, improve the system of clue notification, case circulation, law enforcement linkage, mutual recognition of inspection and appraisal results, and strengthen inter-departmental and inter-regional cooperation in handling intellectual property cases.
When the competent department of intellectual property protection and relevant departments find clues of intellectual property cases belonging to other departments in the process of dealing with intellectual property violations, they shall promptly notify them in writing and transfer the clues to the competent department at the same level.
The people's governments at the provincial level shall promote the establishment of inter-provincial cooperation mechanisms for intellectual property law enforcement, and assist each other in investigation and evidence collection and document delivery.