Latest Policy | 2023 Implementation Plan for the Administrative Protection of Intellectual Property Rights in Shanghai

Notice of the Shanghai Municipal Intellectual Property Office on Printing and Distributing the Implementation Plan for the Administrative Protection of Intellectual Property Rights in Shanghai in 2023

Shanghai Intellectual Property Bureau Bao [2023] No. 4

Intellectual Property Offices of all districts, Market Supervision Bureaus of Lingang New Area, offices of bureaus, Municipal Intellectual Property Service Center, Municipal Intellectual Property Protection Center:

In order to thoroughly implement the decisions and arrangements of the Party Central Committee and the State Council on comprehensively strengthening the protection of intellectual property rights, earnestly implement the spirit of the "Notice of the State Intellectual Property Office on Printing and Distributing the 2023 National Work Plan for the Administrative Protection of Intellectual Property Rights", promote the construction of a strong city with intellectual property rights with high standards, comprehensively improve the effectiveness of intellectual property protection, build a convenient, efficient, strict, fair, open and transparent administrative protection system, and accelerate the construction of an international intellectual property protection highland and an international intellectual property center city, the " The 2023 Implementation Plan for the Administrative Protection of Intellectual Property Rights in Shanghai (hereinafter referred to as the "Implementation Plan") will be issued to you, please conscientiously implement it.

At the same time, please submit the specific work plan for the implementation of the "Implementation Plan" before April 7, 2023, and submit the semi-annual and annual work summary before June 15, 2023 and November 15, 2023 respectively, and send the electronic copy (including Word version and PDF stamped version) to the contact email at the same time.

Notice is hereby given.

Shanghai Municipal Intellectual Property Office

March 15, 2023

The 2023 Implementation Plan for the Administrative Protection of Intellectual Property Rights in Shanghai is formulated in accordance with the specific deployment requirements of the 2023 National Work Plan for the Administrative Protection of Intellectual Property Rights issued by the State Intellectual Property Office in order to conscientiously implement the decisions and arrangements of the CPC Central Committee and the State Council on comprehensively strengthening the protection of intellectual property rights, and to implement the relevant requirements of the 2023 National Conference of Directors of Intellectual Property Offices and the Work Conference on Intellectual Property Protection.

1. General requirements

Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement the spirit of General Secretary Xi Jinping's important speech on his inspection of Shanghai, at the celebration of the 30th anniversary of Pudong's development and opening up, and at the 25th collective study of the Political Bureau of the CPC Central Committee, fully implement the spirit of the 20th National Congress of the Communist Party of China and the spirit of the Central Economic Work Conference, and in accordance with the Outline for the Construction of a Strong Intellectual Property City in Shanghai (2021-2035), the 14th Five-Year Plan for the Protection and Use of Intellectual Property Rights in Shanghai, and the 14th Five-Year Plan for the Protection and Use of Intellectual Property Rights in Shanghai. The implementation plan on strengthening the protection of intellectual property rights focuses on Shanghai's major strategic tasks such as deepening the construction of the "five centers" and strengthening the "four major functions", strengthens the protection of the rule of law, strictly protects property rights, adheres to reform-driven and quality-led, promotes the administrative protection of intellectual property rights with high quality, and provides strong support for accelerating the construction of a socialist modern international metropolis with world influence with the protection of intellectual property rights in the whole chain, and accelerates the progress towards basically building an international intellectual property protection highland and an international intellectual property center city.

二、主要任务

（一）加强知识产权行政保护制度保障

1.全面部署落实知识产权保护任务。根据国家知识产权局《深入实施〈关于强化知识产权保护的意见〉推进计划》要求，制定本市强化知识产权保护推进计划。召开上海市知识产权保护大会，部署知识产权保护重点任务。不断优化年度市管党政领导班子知识产权保护水平绩效考核工作，切实发挥检查考核“指挥棒”作用，抓好检查考核发现的短板弱项整改工作。进一步在优化营商环境评价、市委督查检查考核工作中强化知识产权保护工作指标的考评。持续开展知识产权保护社会满意度年度调查，继续探索知识产权保护水平评估工作，完善知识产权保护立体化评价指标体系。

2. Conscientiously implement policies and systems for the protection of intellectual property rights. Further implement the provisions of the State Intellectual Property Office's "Criteria for Determining Trademark Infringement", "Criteria for Determining General Trademark Violations", "Guidelines for Handling Administrative Adjudication of Patent Infringement Disputes", and "Measures for Handling Requests for Instructions in Cases of Administrative Protection of Intellectual Property Rights", standardize the investigation and handling of intellectual property enforcement cases, and effectively improve the quality of case handling. Formulate and improve the Municipal Measures for the Guidance of Administrative Law Enforcement of Intellectual Property Rights, Guidelines for Administrative Mediation of Patent Disputes, Guidelines for Administrative Mediation of Trademark Disputes, and Specifications for the Rapid Handling of Intellectual Property Disputes.

3. Accelerate research on intellectual property protection systems in new fields. Encourage the active exploration of strategies, paths, and methods for the protection of intellectual property rights in new fields and new forms of business such as big data, artificial intelligence, and gene technology. Deepen pilot projects for the protection of data intellectual property rights, and take the lead in exploring a data intellectual property registration system in the Pudong New Area. Carry out research on intellectual property appraisal, formulate implementation opinions on strengthening the connection of intellectual property appraisal work, publish a directory of intellectual property appraisal institutions in Shanghai, and establish a special committee for intellectual property appraisal, so as to give full play to the positive role of appraisal in intellectual property protection. Promote the harmonization and unification of standards for the enforcement of intellectual property rights and standards for judicial adjudication, and continuously improve mechanisms for judicial confirmation of administrative mediation agreements.

(2) Increase the force of law enforcement for the administrative protection of intellectual property rights

4. Strengthen administrative adjudication of patent infringement disputes. Clear channels for accepting administrative rulings, simplify acceptance procedures, and implement procedures such as written and online trials for eligible cases. In conjunction with the municipal medical insurance department, we will study the establishment of a patent protection system in the field of centralized pharmaceutical procurement, formulate and issue relevant opinions, and promote them as major administrative decision-making matters. Intensify the handling of patent infringement disputes involving private enterprises, small and medium-sized enterprises, foreign-funded enterprises, etc., and conclude a number of typical cases with national influence. Promote pilot projects for the rapid handling of intellectual property disputes, and strengthen the connection with administrative adjudication of patent infringement disputes. Formulate detailed rules for technical experts to support administrative adjudication of patent infringement disputes, effectively give full play to the role of technical support work such as technical consultation, technical investigation, and technical appraisal in the administrative handling of intellectual property rights, and comprehensively improve the quality of case handling.

5. Strict administrative law enforcement protection of trademarks. Focusing on key links such as trademark printing, manufacturing, and commercial retail, and focusing on emerging fields such as live streaming, micro-stores, and micro-businesses, we will continue to strengthen the investigation and handling of cases involving serious infringements involving a wide area, a long duration, a large amount of money, and a high degree of social concern. Crack down on repeated infringement, group infringement, and malicious infringement in the field of trademarks. Increase the regulation of online and offline use of trademarks in violation of prohibitive provisions and other violations of the order of trademark management. Conscientiously supervise and urge OEM processing enterprises to strictly perform their trademark review obligations and prevent trademark infringement from occurring. Improve the key trademark protection directory system to achieve precise protection and long-term supervision.

6. Improve the regulatory system for the protection of geographical indications. Implement the "14th Five-Year Plan for the Protection and Use of Geographical Indications" and the "Guiding Opinions on Further Strengthening the Protection of Geographical Indications", and organize the implementation of geographical indication protection projects. We will continue to promote the pilot reform of the approval of the use of special geographical indications, and issue the Administrative Measures for the Approval of the Use of Special Geographical Indications in Shanghai, so as to fully support eligible market entities in standardizing the use of special geographical indications. Strengthen the supervision of the protection of geographical indications, and organize and carry out special rectification of geographical indications. Incorporate the supervision of the protection of geographical indications protected products and the registration of geographical indications as collective trademarks and certification trademarks into daily supervision, focusing on the control of origin and characteristic quality control, increasing the scope, proportion and frequency of spot checks, highlighting the linkage between the upper and lower levels and the coordination of departments, and constantly exploring the protection system of geographical indications with urban characteristics, so as to help the city's geographical indication industry become better and stronger.

7. Crack down on abnormal patent applications and malicious trademark registrations. Continue to standardize the conduct of patent applications, further improve the two-level disposal linkage mechanism in urban areas, and continue to carry out the application of the precise management list of patent applications. Units and individuals submitting abnormal patent applications will be given special attention in relevant project declarations, funding awards, pre-examination services, priority examination and other links. Give full play to the role of the "outpost" of the patent and trademark-related business window, and actively investigate the clues of abnormal patent applications and malicious trademark registration. Promptly investigate and handle leads on key issues in abnormal patent applications and cases of malicious trademark registration applications transferred by superiors, and strictly handle them in accordance with law. Focus on strengthening credit regulation of conduct such as abnormal patent applications and malicious trademark registrations, and optimize and improve credit-based hierarchical and categorical regulation efforts in the field of intellectual property rights.

(3) Strengthen protections in key areas, key links, and major activities

8. Strengthen the protection of intellectual property rights at exhibitions. In strict accordance with the "Guidelines for the Protection of Intellectual Property Rights at Exhibitions", we will do a good job in the work of resident exhibitions, especially strengthen pre-exhibition investigations, in-exhibition inspections, and post-exhibition investigations, and do a good job in the prevention, mediation, and investigation of intellectual property infringements. Together with the China International Import Expo Bureau, we will jointly set up an intellectual property dispute resolution center, carry out the 100-day action on intellectual property protection at the 6th China International Import Expo, and continue to build Shanghai's intellectual property protection brand. Actively participate in the work of the China (Shanghai) International Technology Import and Export Fair, carry out a series of activities on the theme day of intellectual property rights, and effectively maintain the order of intellectual property rights of the Shanghai Fair.

9. Deepen the construction of a standardized market. Implement the national standard of "Norms for the Protection of Intellectual Property Rights in Commodity Trading Markets", promote the cultivation and continuation of the declaration of standardized markets for intellectual property protection, and establish a number of standardized market benchmarking units. Highlight the construction of a long-term mechanism for the protection of intellectual property rights in the field of circulation, organize and carry out the commitment activity of "selling genuine brands and genuine products, protecting intellectual property rights", identify a number of double-truth commitment units in key markets and commercial enterprises, jointly build a "double-true" brand, and prevent intellectual property infringement in the field of commercial circulation.

10.加大电子商务平台监管力度。持续推进《电子商务平台知识产权保护管理》国家标准执行，引导电子商务平台实施知识产权全流程管理和保护。依托第三方技术手段定期开展网络监测，及时发现平台侵权假冒等违法行为。加大对重点电子商务平台整治力度，提升线上侵权假冒行为治理水平，提高对平台内经营者知识产权授权信息抽查检查频次，完善线下线上一体化保护。修订完善《上海市电子商务知识产权保护工作若干意见》，进一步引导和规范电子商务平台履行知识产权保护义务。

11.护航重大活动及民生领域保护。做好第19届亚运会、第31届世界大学生夏季运动会、中国载人航天工程系列飞行任务等国际大型赛事、重大工程相关特殊标志保护。围绕“五一”、端午、中秋、国庆、应季地理标志产品集中上市等重要时间节点，以问题为导向制定工作预案，开展专项行动，快速有效应对各类突发情况。关注关系公共利益和人民群众切身利益的领域，以民生物资、公共卫生、儿童健康、创意设计等环节的商品为重点，同时聚焦绿色低碳技术、康复辅助医疗器具等领域，加强知识产权行政保护。配合做好“扫黑除恶”市场流通领域相关整治工作，及时移送知识产权保护工作中涉黑涉恶和行业乱象线索。

（四）构建知识产权行政保护工作体系

12.建立健全知识产权快速协同保护体系。推动上海市知识产权保护中心稳定运行，加速上海奉贤（化妆品）知识产权快速维权中心筹建，发挥上海市浦东新区知识产权保护中心的示范作用，加快在有条件的区申请布局国家级知识产权保护中心。通过建设保护中心和快维中心，对本市重点产业领域实现集快速预审、快速确权、快速维权为一体的协同保护。

13.持续推进涉外知识产权保护体系建设。加强对外商投资企业的知识产权保护，组织召开外商投资企业圆桌会议，帮助解决知识产权保护问题。进一步完善海外知识产权纠纷应对指导工作机制，加强海外知识产权纠纷应对指导中心上海分中心和浦东分中心能力建设，建立海外法律法规库、案例库、专家库等，制定相关工作指引，加大海外公益性服务站的布局力度。完善知识产权对外转让审查制度，制定《上海市知识产权对外转让审查细则》，依法严格管理技术出口知识产权对外转让行为。

14. Continuously improve cross-regional and cross-departmental collaborative protections. Promote the convergence of inter-departmental intellectual property protection systems, and further smooth law enforcement cooperation and synergy, especially the establishment of a four-party cooperation mechanism with courts, procuratorates, and public security departments. Increase cross-regional case-handling cooperation, clue notification, standard docking, and business exchanges, deepen cooperation on intellectual property protection in 12 provinces and municipalities and the Yangtze River Delta region, and support the innovative cooperation model of the Yangtze River Delta G60 Science and Technology Innovation Corridor Intellectual Property Administrative Protection Collaboration Center.

15. Strive to build a diversified dispute resolution mechanism. Smooth channels for complaints and reports, improve dispute handling measures, and efficiently resolve all kinds of intellectual property disputes. Promote the "one network for the whole city" for intellectual property rights protection assistance, and further set up a number of new workstations in areas with mature conditions on the basis of the 24 rights protection assistance workstations already established. Carry out pilot work on intellectual property commissioners at rights protection assistance workstations, and improve the standardization and standardization of rights protection assistance. Deepen mediation efforts for intellectual property disputes, accelerate the construction of organizations and teams such as people's mediation and professional mediation, and continue to promote the docking of online litigation and mediation of intellectual property disputes.

16. Give full play to the leading role of innovation pilots, demonstrations, and leads. Actively create a national demonstration zone for the protection of intellectual property rights and a demonstration zone for the protection of national geographical indication products, and start to carry out the construction of the demonstration zone for intellectual property protection in Shanghai, so as to create a number of demonstration and leading areas. Explore the use of new technologies and applications such as the Internet, big data, cloud computing, artificial intelligence, and blockchain, deepen the construction of "one thing" integrated service reform projects for intellectual property protection, and vigorously promote innovation in digital governance models for intellectual property protection. Explore the establishment of a smart, efficient, and collaborative digital intellectual property protection system.

3. Job requirements

(1) Raise ideological understanding and strengthen organizational leadershipAll units should attach great importance to the administrative protection of intellectual property rights, carefully organize and plan, formulate specific work plans in combination with the actual situation of intellectual property rights in the region, refine work measures, establish work accounts, clarify responsible departments and responsible persons, and ensure that all tasks are implemented in place. Major problems or important situations encountered in the work should be reported to the Municipal Intellectual Property Office, the District Party Committee and the District Government in a timely manner in accordance with the procedures. The Municipal Intellectual Property Office will supervise and inspect the progress of the administrative protection of intellectual property rights in various regions in a timely manner, and the relevant results will be included in the annual evaluation scope of the performance appraisal of the intellectual property protection level of the municipal party and government leadership group, and the units and personnel with outstanding achievements will be commended, and the areas and units with ineffective administrative protection and frequent infringement problems will be criticized and rectified through interviews and special supervision.

(2) Strengthen operational guidance and standardize case-handling procedures, and each unit should follow the relevant provisions on the handling of requests for instructions in cases of administrative protection of intellectual property rights, and do a good job of requesting instructions in difficult cases; Cases with a major impact should be promptly reported to the director's office for deliberation. The Municipal Intellectual Property Office shall improve the hierarchical guidance system for law enforcement business, and timely guide and approve the request for instructions from the grassroots business; Innovate ways to continue to carry out the annual review of intellectual property administrative protection case files, so as to promote excellence and continuously improve the "quality" of cases; Actively do a good job in the selection, submission, selection, and publication of annual typical cases and guiding cases of administrative protection of intellectual property rights.

(3) Strengthen training and publicity, and do a good job in information reportingAll units should make full use of new media publicity methods such as official micro-blogs and official websites, as well as press conferences, consulate briefings, etc., to vigorously carry out centralized publicity and policy interpretation, inform the status of Shanghai's intellectual property protection work, publish influential typical cases, and cultivate a good atmosphere for the protection of intellectual property rights is to protect innovation. Organize and carry out various forms of special training, and innovate online and offline business training, case discussions, publicity and exchanges, etc., to improve the ability level of administrative protection personnel. Regularly report to the Municipal Intellectual Property Office the administrative protection work in the region, and summarize the work experience and achievements. Improve the ability to monitor, guide, and respond to public opinion, and promptly report major public opinion.

Source: Shanghai Intellectual Property Office