Accelerate the construction of a strong intellectual property country, better serve innovation and drive development.

The picture shows the routine briefing of the State Council policy.

By 2035, China will become a world-class intellectual property power. The CPC Central Committee and the State Council attached great importance to the construction of a strong intellectual property country. General Secretary of the Supreme Leader made a series of important instructions, and personally deployed and formulated the Outline of Building a Powerful Intellectual Property Country (2021-2035), which drew a grand blueprint for building a powerful intellectual property country. On the afternoon of October 31st, the State Council held the fourth special study with the theme of "deeply implementing the strategy of strengthening the country with intellectual property rights, effectively supporting innovation-driven development". Premier Li Qiang presided over the study and made an important speech, emphasizing the need to thoroughly study and implement the important exposition and guiding spirit of the Supreme Leader General Secretary on intellectual property work, accelerate the construction of a strong country with intellectual property rights, better serve and build a new development pattern and promote high-quality development. Vice Premier Ding Xuexiang and other the State Council leaders also made clear demands. At the same time, recently, the the State Council executive meeting intensively deliberated and adopted the Special Action Plan for Patent Transformation and Application (2023-2025) and the Detailed Rules for the Implementation of the Patent Law of People’s Republic of China (PRC) (Revised Draft) and other important documents and regulations, made arrangements for relevant work, and played a set of "combination boxing" in the field of intellectual property rights.

What progress has been made in building a strong intellectual property country? On November 8, the State Council Press Office held a routine briefing on the State Council policy, introducing the situation of accelerating the construction of a strong intellectual property country and effectively supporting innovation-driven development.

Strengthen the legal protection of intellectual property rights

Report to the 20th CPC National Congress of the Communist Party of China emphasized strengthening the legal protection of intellectual property rights and forming a basic system to support all-round innovation.

"China National Intellectual Property Administration continues to strengthen legislation and strengthen the protection of the rule of law. Timely revise and improve the legal system of intellectual property rights, fill the gaps in intellectual property legislation, and refine various system provisions. In particular, accelerate the establishment of intellectual property protection rules for new fields and new formats, and lay a solid institutional foundation for opening up a new track for industrial development. " China National Intellectual Property Administration director Shen Changyu said.

Recently, the executive meeting of the State Council deliberated and passed the detailed rules for the implementation of the Patent Law (revised draft), which attracted wide attention from all walks of life. Zhang Peng, Director of the Department of Treaty and Law of China National Intellectual Property Administration, introduced that this revision has implemented the decision-making arrangements of the CPC Central Committee and the State Council on strengthening intellectual property protection, and further improved the level of patent creation, utilization, protection, management and service in China. At the same time, this revision also highlights the characteristics of refining and perfecting relevant systems in accordance with the revised patent law, maintaining the consistency and stability of the patent system, making a good connection with relevant international treaties that China has joined, actively implementing international treaty obligations, and further integrating into international rules.

"Specifically, the revision mainly involves five aspects. First, improve the patent application system to facilitate applicants and innovative subjects; The second is to improve the patent examination system and improve the quality of patent examination; Third, strengthen patent administrative protection and safeguard the legitimate rights and interests of patentees; Fourth, strengthen patent public service and promote the transformation and application of patents; The fifth is to add special provisions for international applications for design and strengthen the connection with The Hague Agreement. " Zhang Peng said.

The fourth revision of the Patent Law added the relevant provisions that the patent administrative department of the State Council can handle patent infringement disputes with great influence in the whole country. In June, 2021, China National Intellectual Property Administration issued the Measures for Administrative Adjudication of Major Patent Infringement Disputes and the announcement of accepting cases, and officially started the administrative adjudication of major patent infringement disputes.

At the briefing, Zhang Zhicheng, Director of the Intellectual Property Protection Department of China National Intellectual Property Administration, introduced the latest progress in this work. Up to now, China National Intellectual Property Administration has accepted and concluded two batches of 12 administrative adjudication cases of major patent infringement disputes. This year, China National Intellectual Property Administration handled the second batch of 10 cases involving standard essential patents in the field of information and communication according to laws and regulations, and finally the two parties involved reached a patent cross-licensing agreement, and the cases were closed according to law.

Explore the rules of data intellectual property protection

Data is called "new energy" in the information age, and it has become an important production factor alongside traditional factors such as land, capital and technology. China is a big country with data resources and digital economy. In 2022, the scale of digital economy has reached 50.2 trillion yuan, accounting for 41.5% of GDP, ranking second in the world.

In order to strengthen the protection of data resources, in recent years, China National Intellectual Property Administration has actively carried out research and pilot work on data intellectual property protection rules, and achieved remarkable results. "China National Intellectual Property Administration Research has put forward the basic principle of’ four sufficiency’ in constructing data intellectual property protection rules. First, give full consideration to data security, public interests and personal privacy; Second, fully grasp the unique attributes of data and the objective laws of property rights system; Third, fully respect the labor and related input of data processors; The fourth is to give full play to the supporting role of data in industrial digital transformation and high-quality economic development. At the same time, the study combed a series of key issues of data intellectual property protection. Including the object of protection, the subject of protection, the way of empowerment, the content of rights and interests, and the mode of application. " Shen Changyu introduced.

At present, China has carried out data intellectual property pilot projects in eight provinces and cities, including Beijing, Shanghai, Jiangsu, Zhejiang, Fujian, Shandong, Guangdong and Shenzhen, and has issued more than 2,000 data intellectual property registration certificates to business entities.

From the perspective of the innovation and development of digital economy, China’s patent creation and reserves have been continuously strengthened. "Invention patents in the core industries of the digital economy have grown rapidly. In 2022, the number of invention patents granted in the core industries of domestic digital economy reached 296,000, accounting for 42.6% of the total number of invention patents granted in China. " Ge Shu, deputy director of the China National Intellectual Property Administration Patent Office and director of the Strategic Planning Department, said that in the next step, China National Intellectual Property Administration will continuously build and improve the rules system of intellectual property rights adapted to new technologies around industrial transformation and upgrading, continuously improve the efficiency of the transformation and application of intellectual property rights, and provide more powerful support for the digital transformation of the economy and society.

Empowering the development of private manufacturing industry

Manufacturing industry is the pillar industry of the country, and private enterprises are an important force to promote the development of manufacturing industry. Solid and powerful intellectual property work is empowering the development of private manufacturing and promoting the development of the real economy.

"China National Intellectual Property Administration promotes the precise docking of universities, scientific research institutions and private enterprises, strengthens the supply of patented technology, helps enterprises to develop new products, and enhances the confidence of innovative subjects in investing in manufacturing. Since last year, we have organized 22 provinces to carry out pilot projects for patent opening licenses, and nearly 10,000 licenses have been reached. " Shen Changyu introduced.

He introduced that China National Intellectual Property Administration has established a full chain intellectual property protection mechanism for private enterprises, from technology research and development to product manufacturing to market operation, so that private enterprises can dare to invest and operate with peace of mind. We will continue to improve the rapid collaborative protection system of intellectual property rights and the network of rights protection assistance to provide private enterprises with convenient, efficient and low-cost channels for rights protection. At the same time, China National Intellectual Property Administration cooperated closely with large state-owned banks to coordinate the launch of intellectual property financial products, and effectively increased the intellectual property financing support for private manufacturing enterprises. In the first three quarters of this year, the national patent and trademark pledge financing amounted to 495.03 billion yuan, a year-on-year increase of 52.9%. Among them, inclusive pledge projects with a financing amount of less than 10 million yuan accounted for 71.6%, benefiting 18,000 small and medium-sized enterprises, with a year-on-year increase of 41.7%.

"In the next step, China National Intellectual Property Administration will take the special action of patent transformation and application as an opportunity to further improve policies, strengthen protection and optimize services with relevant departments, especially to promote the growth of small and medium-sized enterprises through patent industrialization, cultivate and promote patent-intensive products, and promote private manufacturing. Investment in the field will better help the development of the real economy." Shen Changyu said. (Reporter CoCo WU)