Summarizing National Intellectual Property Work in 2018

2018 is the 40th anniversary of China's reform and opening up, the 10th anniversary of the implementation of the National Intellectual Property Strategy Outline, and the beginning of the reform of intellectual property institutions. China's intellectual property system has been gradually established and perfected with the process of reform and opening up and came into being and flourished with it.

 

On January 7, 2019, the Conference of Directors of National Intellectual Property Offices was held in Beijing. State Councilor Wang Yong's important instructions on intellectual property work were conveyed during the conference. Zhang Mao, Director of the State Administration for Market Regulation, attended the conference and made clear requests for speeding up the development of intellectual property. Liu Shi, Member of the Party Group of the State Administration for Market Regulation, Head of the Discipline Inspection and Supervision Group of the State Supervision Commission of the Central Discipline Commission in the State Administration, attended the group conference. Shen Changyu, Director of the National Intellectual Peroperty Administration, PRC (CNIPA), made a report.

 

The conference was co - chaired by He Hua and Gan Shaoning, Deputy Director of the CNIPA. Representatives of the Central Government, relevant departments of the State Council and enterprises were invited to attend the conference. Intellectual property management departments from all over the country, National Defense Intellectual Property Office and relevant departments of CNIPA participated in the conference.

 

Zhang Mao, Director of the State Administration for Market Regulation, fully affirmed the achievements of the national intellectual property system in his speech. He pointed out that in the past ten years since the promulgation of the National Intellectual Property Strategy Outline, China's intellectual property industry has made remarkable achievements. As an important component of the modern intellectual property system and the basic guarantee of innovation-driven development, the intellectual property system plays an increasingly prominent role in national economic and social development.

 

Shen Changyu, Director of CNIPA, summarized the main work in 2018 in his work report, analyzed the new situation, new tasks and new requirements of intellectual property development, and deployed the key work in 2019. The report points out that in 2018, China's intellectual property management system and operation mechanism were historically reconstructed, the intellectual property protection was comprehensively strengthened, the quality and efficiency of intellectual property examination was steadily improved, and the position of intellectual property in China's opening-up was higher. The national intellectual property system has deepened international cooperation and exchanges in intellectual property, consolidated the foundation of intellectual property development, and successfully accomplished all major objectives and tasks throughout the year.

 

The conference emphasized that 2019 is the 70th anniversary of the founding of China and the beginning year after the reform of intellectual property institutions. At this year, we should focus on eight aspects of work:

 

The first is to further strengthen the strategic planning and macro coordination of intellectual property, and actively promote the incorporation of intellectual property in major strategic plans such as "Belt and Road" construction. We will formulate and implement the annual promotion plan of intellectual property strategy, make overall plans in promoting the brand strategy of trademarks, the development strategy of patent undertakings and the intellectual property strategy of small and medium-sized enterprises, and make innovations in promoting the construction of strong provinces, cities and enterprises with intellectual property.

 

The second is to further improve the quality and efficiency of intellectual property examination. Concentrative examination, green channel, patent prosecution highway (PPH) and other examination modes are to be used together during the process of examination. In the whole year, the backlog of examination of patent for inventions is to be reduced by more than 100,000, and the high-value patent examination cycle is to be further compressed by more than 15% on the basis of 10% compression in 2018. Carry out the graphic trademark intelligent retrieval system to promote the electronicization of trademark review, opposition, cancellation, etc., and to ensure the average review period of trademark registration is reduced to less than 5 months during the year.

 

The third is to further strengthen the protection of intellectual property. We will cooperate with the review of the amendments to the Patent Law (Draft), promote the revision of the implementation rules of the Patent Law, revise the Guidelines for Patent Examination and Administrative Measures for Patent Agents, and improve the system for examination of patent agents.We will promote the fourth revision of the Trademark Law, amend the Trademark Review Rules, and promulgate the Regulations on Regulating Trademark Application Behaviors, Interim Measures for the Supervision of Trademark Agents, Regulations on Electronic Application and Electronic Delivery of Trademarks. We will amend the Regulations on the Protection of Geographical Indication Products and formulate the Measures for the Protection of Official Signs on Record.

 

The fourth is to further promote the comprehensive use of intellectual property. We will improve the service system for intellectual property operation and do a solid job in the construction and layout of various intellectual property operation platforms. We will promote innovation in intellectual property financial services, expand the scope of intellectual property financial services, give full play to the role of intellectual property operation funds and venture capital funds in key industries, improve the risk compensation and sharing mechanism for intellectual property pledge financing, promote the mixed pledge of patents and trademarks, and encourage the development of comprehensive intellectual property insurance coverage.

 

The fifth is to further improve the public service capacity of intellectual property. We will accelerate the establishment of open and share national big data centers for intellectual property, build interconnected public service platforms for intellectual property information and form an integrated public service system for intellectual property information. We will integrate basic data such as trademarks, patents, geographical indications and layout design of integrated circuits, manage intellectual property information resources as a whole, and promote free or low- cost opening o f intellectual property data.

 

The sixth is to further strengthen comprehensive supervision in the field of intellectual property. We will strictly crack down on abnormal patent applications, trademark hoarding and malicious registration, and include relevant personnel and units in the list of dishonesty. We will carry out special rectification of intellectual property agency, crack down on such acts as conducting patent agency business in violation of regulations, submitting a large number of abnormal patent applications, affiliating agent qualification certificates, and disrupting the market order of trademark agency according to law. We will establish the supervision system of intellectual property certification consulting industry in conjunction with relevant departments. We will implement the Memorandum of Cooperation on Joint Punishment for Serious Breach of Credit in the field of intellectual property (patents) and improve the joint punishment mechanism.

 

The seventh is to further deepen international cooperation in intellectual property. We will implement the outcome from the high- level conference of "Belt and Road" intellectual property. We will actively participate in global governance and rule-making under multilateral frameworks such as the World Intellectual Property Organization (WIPO), continue to vigorously promote the Madrid Trademark International Registration System and the International Patent Cooperation Treaty, and make preparations for accession to the Hague Agreement Concerning the International Registration of Industrial Designs. We will sign a cooperation document with WIPO for the Technical Innovation Support Center (TISC), and expand the pilot projects for the construction of TISC. We will deepen bilateral relations with key partners. We will vigorously strengthen international cooperation in the field of trademarks and geographical indications.

 

The eighth is to further consolidate the foundation of intellectual property development. We will build a comprehensive pattern of intellectual property publicity work, vigorously advocate innovative culture, strengthen publicity planning, promote the integration and development of various intellectual property media, do a good job in intellectual property academic journals, book publishing and other work, and publish a number of outstanding intellectual property works. We will strengthen the publicity of intellectual property, continue to organize large-scale activities such as the National Intellectual Property Publicity Week, and support the China Intellectual Property Annual Conference and the China International Trademark Brand Festival. We will strengthen the training of various types of intellectual property talents and promote the improvement of the title system of intellectual property.

 

 

It is learned from the National Directors' Conference that by the end of 2018, the number of invention patents in China (excluding Hong Kong, Macao and Taiwan) has reached 1.602 million, an increase of 18.1% year-on-year; The number of invention patents per 10,000 population reached 11.5. In 2018, the number of PCT international patent applications accepted was 55,000, a year-on-year increase of 9.0%. The number of domestic effective trademark registrations (excluding foreign registrations in China and Madrid registrations) reached 18.049 million, a year-on-year increase of 32.8%. In 2018, the number of applications for Madrid Trademark International Registration exceeded 6,000, a year-on-year increase of more than 25%. A total of 2,380 geographical indication products we r e a ppr o v e d , a nd 4 , 8 6 7 geographical indication trademarks were registered. In 2018, the number of patent administrative law enforcement cases was 77,000, a year-on-year increase of 15.9%. 31,000 trademark violation cases were investigated and handled, with cases value of 550 million Yuan and a fine of 510 million Yuan. In 2018, the total import and export of intellectual property fees exceeded USD 35 billion; The export amount of intellectual property fees achieved the goal of "13th Five-Year Plan" for intellectual property and "USD 10 billion for five years" in advance.