Guiding opinions of China National Intellectual Property Administration China Council for the Promotion of International Trade on further strengthening the construction of overseas intellectual proper
Intellectual property offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Sichuan Intellectual Property Service Promotion Center and relevant local centers; Local trade promotion agencies and industry trade promotion agencies:
In order to thoroughly implement the Guiding Opinions on Promoting the High-quality Development of Trade, the Outline for Building a Powerful Intellectual Property Country (2021-2035) and the Opinions on Strengthening Intellectual Property Protection, and comprehensively strengthen overseas intellectual property protection, we hereby put forward the following guiding opinions on further strengthening the construction of overseas intellectual property dispute settlement mechanism.
I. General requirements
(1) Guiding ideology and principles. Guided by Socialism with Chinese characteristics Thought of the Supreme Leader in the New Era, we will fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, Fourth, Fifth and Sixth Plenary Sessions of the 19th Congress, thoroughly implement the spirit of the important speech delivered by the General Secretary of the Supreme Leader at the 25th collective study in the Political Bureau of the Central Committee, adhere to overall coordination and multi-party linkage, base ourselves on the new development stage, grasp the new development concept, build a new development pattern, and strive to improve the guidance system for overseas intellectual property disputes. Strengthen information services, capacity building and support, promote international cooperation and competition in the field of intellectual property as a whole, earnestly safeguard national security in the field of intellectual property, effectively promote high-level opening up and promote high-quality economic development.
Adhere to government guidance, multi-party linkage, problem-oriented and key breakthroughs. Government departments take the lead in integrating the superior resources of trade associations, service organizations, enterprises and other parties, focusing on the pain points and difficulties of overseas rights protection of enterprises, focusing on key areas and key links, continuously improving the guidance system for overseas intellectual property disputes, and effectively increasing the assistance for overseas intellectual property rights protection.
(2) Work objectives. By 2025, an overseas intellectual property dispute response mechanism with horizontal interconnection, vertical intercommunication, cooperation and sharing between central and local governments will be basically established, a convenient and efficient international intellectual property risk early warning and emergency response mechanism will be initially formed, the foreign-related risk prevention and control system of intellectual property rights will be more perfect, the overseas intellectual property dispute response guidance service network will be more perfect, the awareness of overseas intellectual property protection of Chinese enterprises will be significantly enhanced, the ability to deal with overseas intellectual property disputes will be significantly improved, and the social satisfaction of overseas intellectual property dispute response guidance will reach and maintain a high level.
Two, improve the work system, enrich the overseas intellectual property dispute response network.
(3) Improve the guidance system for dealing with disputes. Optimize the layout of work outlets, lay out and build local sub-centers of the National Overseas Intellectual Property Dispute Response Guidance Center in places with high demand, good foundation and mature conditions, and explore the construction of overseas sub-centers of the National Overseas Intellectual Property Dispute Response Guidance Center in key trading countries (regions) to form an overseas dispute response service network. Establish and improve the work rules for dealing with disputes, realize standard management, standardize operation, and comprehensively improve the ability of dealing with overseas intellectual property disputes.
(4) Optimize the information service platform. Relying on the national overseas intellectual property information service platform "Zhinan Needle Network", we will strengthen the integration of information resources and gradually realize the efficient circulation and sharing of overseas intellectual property information throughout the country. Optimize the website of the National Overseas Intellectual Property Dispute Response Guidance Center, and promote the smooth interconnection between the National Guidance Center and the websites of local sub-centers and overseas sub-centers. Promote the upgrade of business modules, and constantly improve the "four-in-one" information service network of websites, service numbers, small programs and offline salons.
(5) Strengthen the support system for dispute handling guidance talents. Improve the overseas intellectual property expert consultation system, strengthen the construction of overseas intellectual property dispute response guidance expert database, encourage and support the docking of expert databases around the country, and fully share expert resources. Select and cultivate overseas intellectual property research think tanks and conduct research on major overseas intellectual property disputes. Guide export-oriented enterprises, intellectual property and legal service institutions to strengthen the training of overseas intellectual property practitioners and strengthen the overseas intellectual property talent reserve. Establish an overseas intellectual property Commissioner system to help enterprises expand overseas intellectual property protection talent resources.
Third, strengthen guidance services and improve the level of overseas intellectual property disputes.
(6) Strengthen overseas risk prevention and control and dispute response guidance services. Establish and improve the tracking and publishing mechanism of overseas intellectual property litigation, trade investigation and other information, provide early warning services for enterprises in a timely manner, and strengthen the guidance of coping strategies. Strengthen intellectual property rights protection assistance services for overseas key exhibitions, strengthen exchanges, cooperation and coordination and consultation with exhibition organizers and law enforcement agencies in the host places, and realize the full chain service of pre-exhibition training and risk investigation, exhibition resident service and rights protection guidance, post-exhibition case tracking and summary feedback. Establish and improve the early warning and response mechanism for overseas registered trademarks of enterprises in China, continuously update the guidelines for trademark rights protection in key overseas countries, and guide China enterprises to reasonably deal with overseas trademark disputes. Carry out the construction of overseas intellectual property risk prevention and control system in key industries, monitor key overseas intellectual property information in real time, strengthen the research on overseas intellectual property protection mode of key industries, and provide timely guidance services for overseas intellectual property risk prevention and control and dispute response.
(seven) to promote the development of diversified dispute resolution mechanism. Promote the establishment of intellectual property arbitration institutions and mediation organizations, explore the establishment of intellectual property professional committees in overseas civil and commercial dispute mediation institutions, give full play to the advantages of diversified dispute resolution mechanisms such as arbitration and mediation, provide efficient and convenient overseas intellectual property dispute resolution platforms for Chinese enterprises, and guide enterprises to quickly resolve overseas intellectual property disputes through reconciliation, mediation and arbitration.
(eight) encourage the use of various means to reduce the cost of overseas rights protection of enterprises. Encourage insurance institutions to carry out overseas intellectual property infringement liability insurance, patent enforcement insurance, patent infringement loss insurance and overseas exhibition intellectual property disputes legal fees insurance, and reduce the cost of overseas intellectual property rights protection for enterprises. We will promote the establishment and improvement of overseas IPR protection and mutual assistance mechanisms, encourage enterprises to set up overseas IPR protection and mutual assistance funds, and ease the pressure on overseas IPR protection funds.
Fourth, strengthen information services and optimize the dynamic release mechanism of overseas intellectual property rights.
(nine) to carry out overseas intellectual property legal system tracking research. Establish and improve the dynamic tracking mechanism, strengthen the tracking research on the revision of intellectual property laws, regulations and policies in key countries (regions), and timely release the information on the adjustment and change of intellectual property protection legal system and policy environment in key countries (regions). Continue to issue national guides for intellectual property protection in key countries (regions). Regularly update the official fee information of intellectual property rights in key countries (regions).
(ten) to strengthen the analysis and research of major typical cases. Collect and sort out typical cases of overseas intellectual property disputes, and gradually establish and enrich case databases in the fields of patents, trademarks, geographical indications, trade secrets and unfair competition. Strengthen the study of typical cases and release risk warning or early warning information in time. Strengthen the statistics, analysis and judgment of overseas trade information data of key countries (regions) to provide basic support for enterprises to deal with intellectual property-related trade investigations.
(eleven) to carry out environmental assessment of overseas intellectual property protection. In view of the intellectual property difficulties encountered by enterprises in China in the process of "going global", a survey report on the business environment of key countries (regions) was released. Improve the evaluation index system of intellectual property protection index and publish the annual global intellectual property protection index report.
Five, strengthen the professional construction, improve the ability of market players to deal with overseas disputes.
(twelve) to enhance the awareness and ability of overseas intellectual property protection of enterprises. Focus on the intellectual property protection needs of China enterprises in the process of "going global", focus on the key areas and key links of overseas intellectual property disputes, and carry out special training for enterprises and other market entities to comprehensively enhance their awareness of overseas intellectual property protection and their ability to deal with disputes. Establish a contact mechanism with overseas intellectual property and legal service institutions, select a number of qualified and powerful domestic and foreign intellectual property and legal service institutions, publish a list of service institutions that meet the needs of enterprises’ foreign trade development, and provide professional and high-quality services for enterprises. Explore the establishment of a "1+1" cooperation mechanism between domestic service agencies and overseas legal service agencies to provide enterprises with professional and high-quality services with controllable costs.
(XIII) Improve the information communication mechanism for overseas intellectual property protection. Establish and improve the communication mechanism for overseas intellectual property protection of China enterprises, understand the demands of enterprises, and strengthen information exchange and experience sharing among all parties. To carry out overseas intellectual property protection work, we should focus on enterprise cultivation projects and build a network of overseas intellectual property observation enterprises. Improve the information notification and emergency response mechanism for major overseas intellectual property disputes. Explore the establishment of feedback channels for Chinese enterprises to encounter unfair treatment of intellectual property rights and give targeted support and guidance. Organize local and industry associations for the promotion of international trade to build an overseas intellectual property rights protection assistance platform for enterprises, open a service hotline, and rely on overseas intellectual property expert consultants to provide public welfare consulting services.
(14) Strengthen foreign cooperation and exchanges on intellectual property protection. Actively promote the coordination and response of overseas intellectual property disputes and improve the overseas law enforcement cooperation mechanism. Give full play to the functions of the overseas representative offices of the China Council for the Promotion of International Trade, strengthen communication with relevant institutions in the host countries, and support and guide "going global" enterprises to do a good job in overseas intellectual property protection. Timely convey China’s intellectual property protection policy trends to overseas foreign associations, relevant institutions and enterprises, comprehensively use various international exchange and cooperation platforms, and actively publicize China’s intellectual property protection development achievements.
Six, strengthen organizational guarantee, and lay a solid foundation for the construction of overseas dispute response mechanism.
(15) Strengthen organizational leadership. China National Intellectual Property Administration and the China Council for the Promotion of International Trade will strengthen the top-level design of overseas intellectual property disputes, and make overall planning and coordination. The provincial intellectual property management departments, together with the local and trade promotion councils, will make overall plans to promote the response to overseas intellectual property disputes within their respective jurisdictions, strengthen coordination and linkage, establish working mechanisms, integrate regional resources, form joint efforts, and comprehensively promote all work. Major issues arising in the work should be reported to the China National Intellectual Property Administration and China Committees for the Promotion of International Trade in a timely manner.
(sixteen) do a good job in the implementation of the work. All provincial intellectual property management departments, local and industry CCPIT should improve their sense of responsibility and strictly implement their responsibilities in accordance with the division of functions. It is necessary to respond to the actual demand in combination with overseas intellectual property disputes in the region and the industry, refine the work objectives and implementation plans, increase resource input, strengthen team building, strengthen comprehensive security, and ensure the effectiveness of the work.
(seventeen) to strengthen publicity and guidance. All provincial intellectual property management departments, local and industry CCPIT should make full use of various platform channels, innovate ways and means, and increase the publicity of overseas intellectual property disputes. Select typical cases for key publicity and interpretation, so that more enterprises can understand overseas intellectual property protection work, create a good social environment for the detailed implementation of various tasks, and give full play to the role of overseas intellectual property dispute response mechanism.
China National Intellectual Property Administration
China Council for the Promotion of International Trade
November 30, 2021