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.
major duty
(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.
Legal basis:
Article 61 of the Patent Law of People's Republic of China (PRC)
Where a patent infringement dispute involves a new product manufacturing method invention patent, the unit or individual that manufactures the same product shall provide proof that its product manufacturing method is different from the patented method. Where a patent infringement dispute involves a patent for utility model or a patent for design, the people's court or the administrative department for patent affairs may require the patentee or interested party to issue a patent evaluation report made by the patent administrative department of the State Council after searching, analyzing and evaluating the relevant utility model or design as evidence for hearing and handling the patent infringement dispute.