China National Intellectual Property Administration, China is the directly affiliated institution in charge of patent work and overall coordination of foreign-related intellectual property affairs in the State Council. It has intellectual property affairs such as patent application, patent examination, patent protection, patent agency, PCT, integrated circuit, literature service, news trends, laws and regulations, international cooperation, etc.
I. Main responsibilities
China National Intellectual Property Administration (deputy ministerial level) is an institution directly under the State Council, whose main responsibilities are:
(a) responsible for organizing and coordinating the national intellectual property protection work and promoting the construction of intellectual property protection system. Establish an intellectual property law enforcement cooperation mechanism with relevant departments and carry out relevant administrative law enforcement work. Carry out publicity work on intellectual property protection. Organize and implement the outline of national intellectual property strategy in conjunction with relevant departments.
(two) to assume the responsibility of standardizing the basic order of patent management. Draft laws and regulations on patent intellectual property rights, formulate and implement patent management policies and systems, formulate policies and measures to standardize patent technology transactions, guide local governments to handle and mediate patent infringement disputes, investigate and deal with patent counterfeiting and patent impersonation, and guide and standardize the evaluation of intangible assets of intellectual property rights in conjunction with relevant departments.
(3) Formulating policies on foreign-related work of intellectual property rights. Study the development trend of foreign intellectual property rights. Coordinate foreign-related intellectual property matters and conduct foreign intellectual property negotiations according to the division of labor. Carry out international liaison, cooperation and exchange activities in patent work.
(four) to formulate the national patent work development plan, formulate the patent work plan, examine and approve the special work plan, be responsible for the construction of the national patent information public service system, promote the dissemination and utilization of patent information in conjunction with relevant departments, and undertake the patent statistics work.
(five) to formulate standards for the determination of exclusive rights in patents and integrated circuit layout design, and designate institutions to manage the determination of rights. Formulate criteria for judging infringement of patents and exclusive rights of integrated circuit layout design. Formulate policies and measures for the development and supervision of the patent agency intermediary service system.
(six) to organize the popularization of patent laws, regulations and policies, and to organize the formulation of intellectual property education and training plans in accordance with the provisions.
(seven) to undertake other tasks assigned by the State Council.
Second, internal institutions.
China National Intellectual Property Administration has seven internal organs (deputy bureau level):
(1) office
Responsible for the daily operation of message, conference, confidential, archives and other organs; To undertake information, security, confidentiality and letters and visits; To undertake the policy research, open government affairs and financial administration of the bureau; Organize intellectual property publicity.
(2) Legal Department
Coordinate and put forward plans for drafting and amending international treaties on intellectual property rights and foreign negotiations on intellectual property rights; To formulate draft laws and regulations on intellectual property rights related to patents; Put forward suggestions and drafts to amend the Patent Law, Regulations on the Protection of Layout Design of Integrated Circuits, Regulations on Patent Agency and related laws and regulations. Organizing the formulation of negotiation standards for patent confirmation and infringement; Formulate policies for the development of the patent agency intermediary service system.
(3) Ministry of Protection and Coordination
To organize and coordinate the national intellectual property protection work; To undertake the work related to the cooperation mechanism of intellectual property law enforcement and the work related to administrative law enforcement; To undertake the relevant work of implementing the national intellectual property strategy outline.
Department of International Cooperation (Hong Kong, Macao and Taiwan Office)
To formulate policies on foreign-related work of intellectual property rights; Study the development trend of foreign intellectual property rights; To undertake the overall coordination of foreign-related intellectual property rights; To carry out international liaison, cooperation and exchange activities in patent work; Undertaking patent and related intellectual property affairs involving Hong Kong, Macao and Taiwan.
(5) patent administration department
Formulate and implement policies and measures for patent management; Formulate policies to regulate the trading of patent technology; Guide and standardize the evaluation of intangible assets of intellectual property rights; Guide local governments to handle and mediate patent disputes, and investigate and deal with patent counterfeiting and patent impersonation.
(6) Ministry of Planning and Development
To organize the formulation of the national patent work development plan and the annual work plan and capital construction plan of this bureau; To formulate the annual financial plan of the Bureau, prepare the budget and final accounts, and supervise the budget implementation; Formulate rules and regulations on planning, finance and asset management and supervise their implementation; Responsible for the construction of the national patent information public service system, review the national patent information public service system construction plan and annual plan, organize the demonstration and review of major projects, and supervise the implementation of the plan; To undertake the formulation, supervision and management of state-owned assets management and government procurement policies and systems; To guide and supervise the financial management of directly affiliated units; To undertake the national patent statistics, and be responsible for the unified management, compilation and release of patent statistical information; Complete other tasks assigned by bureau leaders.
(7) personnel department
The construction of cadres of the undertaking organs and directly affiliated units and related personnel management and organization matters; Formulate the work plan of intellectual property education and training; Undertake the work of retired cadres.
Party committees of government agencies are responsible for the party-mass work of government agencies and units directly under Beijing.
Third, staffing.
The administrative establishment of China National Intellectual Property Administration organs is 85 (including 3 members of the two committees). Among them, director 1 person, 4 deputy directors and director 19 (including full-time deputy secretary of the party Committee).