Legal basis: Several Opinions of the State Council on Accelerating the Construction of Intellectual Property Power under the New Situation III. Strict intellectual property protection.
(eight) to increase the punishment of intellectual property infringement. Promote the legalization of intellectual property protection, give play to the leading role of judicial protection, and improve the intellectual property protection model in which administrative law enforcement and judicial protection complement each other and organically connect. Raise the legal compensation limit for intellectual property infringement, and impose punitive damages on malicious infringement with serious circumstances, and the infringer shall bear the reasonable expenses actually incurred. Further promote the information disclosure of administrative punishment cases of intellectual property infringement. Improve the rapid protection mechanism of intellectual property rights. Strengthen the law enforcement protection of customs intellectual property rights. Strengthen the enforcement of intellectual property rights in international exhibitions, e-commerce and other fields. Carry out joint law enforcement with relevant international organizations and overseas law enforcement departments, strengthen foreign cooperation in judicial protection of intellectual property rights, promote China to become an important place to resolve international disputes over intellectual property rights, and build an open and innovative environment with more international competitiveness.
(9) Intensify the crackdown on intellectual property crimes. Severely crack down on crimes against intellectual property rights according to law, focusing on cracking down on chain-type and industrialized intellectual property crime networks. Further strengthen the connection between administrative enforcement of intellectual property rights and criminal justice, and increase the transfer of suspected criminal cases. Improve the law enforcement mechanism of foreign-related intellectual property rights, strengthen international cooperation in criminal law enforcement, and increase the investigation and punishment of foreign-related intellectual property crimes. Strengthen judicial assistance with relevant international organizations and countries in combating intellectual property crimes, and strengthen case notification and information exchange.
(ten) to establish and improve the early warning and prevention mechanism of intellectual property protection. Incorporate intentional infringement of intellectual property rights into the credit records of enterprises and individuals. Promote the improvement of laws and regulations on the protection of trade secrets, and strengthen the protection of trade secrets in talent exchange and technical cooperation. Carry out social satisfaction survey on intellectual property protection. Establish a working mechanism for collecting information on the origin of counterfeit products, and issue an annual report on the status of intellectual property protection of China Customs. Strengthen the management and protection of intellectual property rights in large professional markets. Give full play to the positive role of trade organizations in intellectual property protection. The use of big data, cloud computing, Internet of Things and other information technologies, to strengthen the intellectual property protection of online creativity, research and development results, and enhance early warning and prevention capabilities. Increase assistance for intellectual property protection of small and micro enterprises, and build an innovative and entrepreneurial business environment with fair competition and fair supervision.
(eleven) to strengthen the protection of intellectual property rights in new formats and new fields of innovation. Improve the relevant legal systems of new plant varieties, biological genetic resources and their related traditional knowledge, database protection and national defense intellectual property rights. Do a good job in the legislation of geographical indications in time. Study and improve the intellectual property protection system of business model and the patent protection system of practical art design. Strengthen the research on intellectual property protection rules in the fields of Internet, e-commerce and big data, and promote the improvement of relevant laws and regulations. Formulate intellectual property protection policies for crowdsourcing, crowdsourcing, public support and crowdfunding.
(12) regulate the abuse of intellectual property rights. Improve the legal system for regulating the abuse of intellectual property rights and formulate relevant anti-monopoly law enforcement guidelines. Improve the anti-monopoly supervision mechanism of intellectual property rights, and investigate and deal with monopolistic behaviors such as abuse of intellectual property rights to exclude and restrict competition. Improve the fair, reasonable and non-discriminatory licensing policy for standard essential patents and the applicable rules for stopping infringement.