The "Beijing Intellectual Property Protection Regulations" will be formally implemented today, and effectively urge the intellectual property coordinated supervision of online platforms

Today, the "Beijing Intellectual Property Protection Regulations" is formally implemented. This is the city's first comprehensive intellectual property regulations. The regulations will strengthen the protection of intellectual property rights in key areas and emerging areas, promote the diversified regulation of intellectual property disputes, and improve the quality and efficiency of intellectual property protection. The original text of the "Beijing Intellectual Property Protection Regulations" is as follows ⬇️⬇️⬇️

Beijing Intellectual Property Protection Regulations

Announcement of the Standing Committee of the Beijing People's Congress

[Fifteenth Session] No. 72

The "Beijing Intellectual Property Protection Regulations" has been approved by the 38th meeting of the Standing Committee of the 15th People's Congress of Beijing on March 31, 2022 and is now announced and implemented from July 1, 2022.

Executive Committee of the 15th People's Congress of Beijing

March 31, 2022

Beijing Intellectual Property Protection Regulations

(March 31, 2022, the 38th meeting of the Standing Committee of the 15th People's Congress of Beijing)

Table of contents

Chapter 1 General Principles

Chapter 2 Administrative Protection and Judicial Protection

Chapter III Social Co -governance

Chapter 4 Promotion and Services

Chapter 5 Different disputes

Chapter 6 Legal Responsibility

Chapter 7

Chapter 1 General Principles

Article 1 In order to strengthen the protection of intellectual property rights, stimulate innovation and creativity, build the area where intellectual property rights are the first, and support and promote the construction of the International Science and Technology Innovation Center and the National Cultural Center, and promote the high -quality development of the capital's economy and society. The actual situation in this city formulates this regulation.

Article 2 These regulations apply to the protection of intellectual property rights and related activities in the administrative area of ​​the city.

Article 3 The city's intellectual property rights enjoys the following objects in accordance with the law:

(1) Work;

(2) Invention, practical new type, appearance design;

(3) Trademark;

(4) Geographical signs;

(5) Business secrets;

(6) Integrated circuit design;

(7) New plant varieties;

(8) Other objects stipulated in the law.

Article 4 This city advocates the concept of intellectual property and cultural concepts that respects knowledge, advocate innovation, integrity and law, and fair competition, strengthen the popularization of knowledge and cultural publicity, enhance the awareness of intellectual property protection in the whole society, and create a humanistic society that is conducive to promoting the high -quality development of intellectual property rights surroundings.

The city releases the white paper of intellectual property protection every year to publicize the protection of intellectual property rights to the society.

Article 5 The city's intellectual property protection work adheres to the principles of comprehensive, strict, fast, and equal, and builds an intellectual property protection pattern of administrative supervision, judicial protection, industry self -discipline, social supervision, public services, and diversified disputes. High -efficiency, scientific management, and service optimization intellectual property protection system.

Article 6 The municipal and district people's governments shall strengthen the leadership of intellectual property protection work, incorporate intellectual property protection work into the national economic and social development planning and plans, formulate strategies, plans and plans for intellectual property development, and ensure the investment in intellectual property development funds. Incorporate the protection of intellectual property in the business environment and high -quality development evaluation system.

The municipal and district people's governments establish and improve the system of intellectual property office conferences, coordinate major matters in intellectual property work, coordinate and solve key points and difficulties, and urge the implementation of relevant intellectual property policies and measures.

Article 7 The intellectual property department is responsible for the overall coordination of intellectual property work to promote the construction of the intellectual property protection work system.

The intellectual property department and market supervision and management department are responsible for the relevant management of patents, trademarks, geographical signs, and commercial secrets in accordance with the division of responsibilities; The department is responsible for the relevant management of new varieties of plant species in accordance with the division of responsibilities.

Development and reform, technology, economy and information, finance, radio and television, business, education, human resources and social security, financial supervision and management, public security, judicial administration and other departments do a good job of protection related to intellectual property rights in accordance with their respective responsibilities.

Article 8 Support enterprises, colleges and universities, scientific research institutions, etc. to explore new technologies, new industries, new industries, new formats, and new models of intellectual property management measures and protection models of mobile Internet, big data, artificial intelligence, quantum technology, and cutting -edge biotechnology.

Support the exploration and innovation of intellectual property protection system mechanisms, policies and measures in accordance with state authorization in the construction of the national service industry, China (Beijing) Free Trade Zone, and Zhongguancun National Independent Innovation Demonstration Zone.

Article 9 This city strengthens the cooperation of Beijing -Tianjin -Hebei Intellectual Property Protection, carrying out cases transfer, investigation and evidence collection, assistance to implementation, joint law enforcement, etc., sharing expert think tanks, service agencies and other resources, promote information interoperability, law enforcement mutual assistance, supervision and interaction, and interaction, and interaction, and interaction, and interaction. Experience each other; strengthen intellectual property protection collaboration with other provinces and cities.

Article 10 The city expands open cooperation in the field of intellectual property rights, supports overseas intellectual property service agencies and arbitration institutions to set up institutions and carry out business in this city in accordance with the law, and promote the establishment of international intellectual property transactions and operation platforms.

Article 11 Individuals and units that have made outstanding contributions in intellectual property protection and related activities shall be commended and rewarded in accordance with relevant state and cities.

Chapter 2 Administrative Protection and Judicial Protection

Article 12 Intellectual property, market supervision and management, copyright, culture and tourism, agricultural and rural areas, garden greening and other departments (hereinafter collectively referred to as intellectual property protection management departments) shall improve the platform for law enforcement cooperation and establish knowledge Property infringement illegal acts online and offline rapid investigation mechanisms, carry out remote and mobile real -time monitoring and monitoring; implement key supervision and inspection of online platforms, exhibitions, large markets, large cultural and sports activities, etc. Wait for intellectual property infringement illegal acts. Article 13 When the intellectual property protection management department has the right to take the following measures when investigating and dealing with suspected infringement:

(1) Ask the relevant parties to investigate the situation;

(2) Check and copy relevant information;

(3) Examination on the implementation of relevant places and items;

(4) See or seize the places and items according to law.

When the intellectual property protection management department exercises its powers in accordance with the law, the parties shall assist and cooperate, and shall not refuse or obstruct it.

Article 14 Intellectual property protection agencies established by the municipal intellectual property department or relevant district people's governments shall provide intellectual property protection services through patent pre -review, rights protection guidance, protection collaboration, etc. Patent applications in other fields are supported by rapid review.

Article 15 The intellectual property department and market supervision and management department shall strengthen trademark management, standardize the use of registered trademarks, and investigate and punish the special rights of registered trademarks, malicious applications for trademark registration, and illegal trademark agency business.

Article 16 Copyright, cultural and tourism departments shall strengthen the supervision of copyright infringement and formulate copyright protection measures to adapt to the network environment and digital economic forms.

The municipal copyright department shall establish a key copyright protection warning system for key works to strengthen supervision of key supervision websites determined by the national and city copyright departments; improve the voluntary registration work system of the work, and support the voluntary registration of natural people, legal persons, and illegal organizations.

Article 17 Market supervision and management departments shall guide market entities to establish and improve business secret protection mechanisms, and protect business secrets through clarifying management rules, technical measures, signing confidentiality agreements, risk investigation and education and training.

Administrative agencies, judicial organs, and service agencies such as arbitration, mediation, and their staff have a confidentiality obligation to perform their duties and provide their own duties and provide confidentiality.

Article 18 The intellectual property protection management department shall, together with relevant departments to strengthen the protection of intellectual property rights in the field of traditional culture and the Olympic signs, and provide consulting and guidance for relevant patent applications, trademark registration, work registration, and commercial secret protection.

Article 19 The intellectual property protection management department and other relevant departments shall protect the intellectual property rights formed by activities formed, storage, use, processing, transmission, provision, and publicity in accordance with the law to guide data processors to establish and improve the intellectual property management system for the entire process of intellectual property rights. , Strengthen the awareness of intellectual property protection.

Article 20 The municipal intellectual property department formulates the guidance of the protection of digital trade intellectual property rights, guide market entities to understand the target market industrial policy, trade measures, technical standards, etc., and to target the rules for the protection of intellectual property rights in international pass, do a good job of digital product manufacturing, sales, etc. The risk of intellectual property infringement of the industrial chain.

Article 21 If a unit or an individual transfers the export of exports to the country to restrict exports overseas, the municipal business, intellectual property, science and technology, agricultural and rural areas, garden greening and other departments shall be reviewed in accordance with regulations.

Foreign investors' mergers and acquisitions involve intellectual property transfer in Beijing, and the mergers and acquisitions belong to the scope of security review stipulated in the state. Municipal intellectual property rights, copyrights, agricultural rural areas, garden greening and other departments shall cooperate with relevant departments of the State Council to carry out review.

Article 22 Any unit or individual has the right to complain to the intellectual property protection management department and report illegal act of infringement of intellectual property rights.

The intellectual property protection management department shall improve the complaint and report processing mechanism of intellectual property infringement illegal acts, connect the 12345 citizen service hotline and its network platform, timely handle complaints and report clues, and feedback the complaints and reporters in accordance with regulations.

Article 23 The people's court shall improve the intellectual property trial mechanism, implement the system of punitive compensation for intellectual property infringement, and the preservation of intellectual property behavior in accordance with the law, optimize the allocation of judicial resources, and improve the quality and efficiency of the trial of intellectual property cases.

Support the Beijing Intellectual Property Court, Beijing Internet Court and other trial agencies to strengthen the construction of intellectual property trial functions and play a role in professionalized trial.

The people's court and the People's Procuratorate shall have the universal and regular issues reflected in the case of intellectual property rights. By publishing typical cases, judicial protection status, and proposed judicial suggestions, procuratorial advice, etc. 2. Reject hidden dangers provide guidelines.

Article 24 The People's Court, the People's Procuratorate, and the public security organs shall punish intellectual property crimes in accordance with the law, and increase the punishment of chain -type and industrialized intellectual property crimes.

Article 25: The city's sound technical investigation officer system. The People's Court, People's Procuratorate, and Intellectual Property Protection and Management Department handles the cases involving patents, computer software, integrated circuit design, technical secrets, new plant varieties and other professional technical property rights cases. Technical investigators put forward technical survey opinions to provide reference for identifying technical facts. Article 26 The People's Court, People's Procuratorate, and Intellectual Property Protection and Management Department shall combine new technical characteristics to improve relevant evidence rules.

Encourage the parties to adopt electronic certificates such as time -stamps, blockchain and other electronic deposit certificates to obtain and fixed intellectual property protection related evidence.

Article 27 The city establishes and improves the mechanism of administrative protection and judicial protection of intellectual property rights, and promotes the transfer of intellectual property cases between intellectual property protection management departments and people's courts, people's procuratorates, and public security organs.

Chapter III Social Co -governance

Article 28 The network service provider shall fulfill the obligations of intellectual property protection in accordance with the law and abide by the following provisions:

(1) Establish the rules of intellectual property protection, clarify the intellectual property protection obligations, intellectual property governance measures, and dispute solutions;

(2) Preventive infringement measures that are compatible with their technical capabilities, business scale, and service types;

(3) The main channel for submitting the infringement notice in a significant position to publicize the infringement notice shall not use limited channels, limit times, etc. to restrict or disguise the notice of the right person in disguise;

(4) Statement and processing results of promptly publicizing the infringement notice and no infringement behavior.

Article 29 In the city, exhibitions, exhibitions, exchanges, and trading (hereinafter collecting exhibitions) are held in this city, the organizers and organizers of the exhibition shall fulfill their obligations of intellectual property protection in accordance with the law and abide by the following provisions:

(1) Carry out the pre -exhibition review of the intellectual property status of the exhibitors, and urge the exhibition to retrieve the intellectual property status of the exhibitors;

(2) The exhibitors are required to make a commitment to the exhibitors that do not infringe the intellectual property rights of others, and shall set the intellectual property complaint processing procedures and solutions with the exhibitor;

(3) Establish an exhibition intellectual property complaint agency or designated person to accept complaints and investigations, and submit relevant materials for complaints and investigations to be submitted to the municipal intellectual property department after the exhibition.

Those who intellectual property rights or stakeholders believe that the participating projects infringe their intellectual property rights, and may complain to the exhibition organizers and organizers, and provide proof of intellectual property rights; The relevant exhibitors should be required to take treatment measures such as cover, withdrawal, and exhibition.

Article 30 Organizers and organizers of large -scale cultural and sports activities shall strengthen intellectual property protection in accordance with the law, improve intellectual property authorization cooperation mechanisms and risk management and control mechanisms, and standardize the use of intellectual property rights.

Article 31 The city's establishment of an intellectual property compliance commitment system. Campaign such as government procurement, applying for government funds, and government awards in the government shall make a commitment to make related products, services, or projects in writing in writing.

Encourage market entities to make a commitment to infringe on intellectual property rights of others in market activities such as transactions, investment, and cooperation, and agreed to violate the corresponding commitment.

Article 32 Organs such as industry associations, chambers of commerce, and industry intellectual property rights shall formulate conventions of intellectual property self -discipline, strengthen self -discipline management, provide intellectual property policy research, publicity and training, talent training, international exchanges, collaborative creation operations, monitoring and early warning, disputes, disputes, disputes Settlement and other services to conduct internal punishment for members who have infringed intellectual property rights.

Support the copyright industry association using new technical means to provide services such as copyright digital certification, electronic deposit certificate, maintenance management, transaction circulation and other services to provide support for market entities to define the source of rights, reduce the cost of rights protection, and improve the efficiency of use.

Article 33 The city establishes and improves the mechanism for credit property credit evaluation and credit punishment, and implements corresponding management and punishment measures for serious illegal trust in the field of intellectual property in accordance with the law. The intellectual property protection management department shall share information such as administrative penalties in accordance with the law to share information on the city's public credit information service platform and announce it to the society.

Article 34 If an enterprise and institution and social organizations fail to fulfill the obligations of intellectual property protection in accordance with the law and cause adverse effects, the intellectual property protection management department may interview their legal representatives or main responsible persons to urge rectification.

Chapter 4 Promotion and Services

Article 35 The city establishes a patent navigation system to analyze the patent information in key industries and fields, and provide guidelines for macro decisions, industrial planning, corporate operations and innovative activities.

Development of reform, science and technology, economy, and informatization shall improve the patent navigation mechanism with the intellectual property department, carry out patent navigation, regularly release patent navigation results, and form the results of patent navigation project results; encourage enterprises, colleges and universities, scientific research institutions, etc. Commissioned professional service agencies to carry out patent navigation to provide basis and support for research, development, production and operation, and talent management.

The municipal intellectual property department shall guide and support the development of public welfare patent navigation tools, and organize patent navigation training.

Article 36 Support enterprises, colleges and universities, and scientific research institutions to establish an industrial intellectual property alliance, build a patented pool, and improve the ability of patent creation, use, protection and management.

Article 37 Support the development of the copyright industry and establish a digital publishing boutique library. Encourage enterprises in press, publication, film and television to carry out copyright asset management and operations, form a development and operation model for the entire industrial chain, and improve the original vitality of content production and the quality of conversion.

Article 38 The intellectual property department organizes the implementation of trademark brand strategic projects in conjunction with the business and other departments, evaluates the development of trademarks, and guides market entities to cultivate trademark brands.

The intellectual property department, in conjunction with relevant competent departments, guide relevant organizations, enterprises to improve technical standards, inspection and testing, and quality systems, support its application of geographical indication product protection, and protect the geographical indications through registered trademarks and collective trademarks.

Article 39 The city's establishment of an analysis and evaluation system for intellectual property rights of major economic science and technology activities. The development of reform, economic and informatization, science and technology, business and other departments shall, together with the intellectual property department, conduct comprehensive analysis and evaluation of intellectual property projects invested by the government to prevent and resolve intellectual property risks.

Article 40 Support enterprises, colleges and universities, and scientific research institutions to strengthen the construction of intellectual property management institutions, establish and improve the intellectual property management system covering the entire type and full process, and promote the integration of intellectual property rights and scientific and technological innovation, results transformation, and industrial development.

Article 41 Financial supervision and management, intellectual property rights and other departments promote the establishment of and improve the mechanism of sharing, loss compensation, and mass disposal of intellectual property pledge financing risks; support financial institutions such as commercial banks, guarantees, insurance, etc. Under the premise of controlling risks, expand the scale of intellectual property pledge loans, innovate financial products such as intellectual property insurance and credit guarantee, and provide financial support for the use of intellectual property transformation and transaction operations.

Support evaluation agencies, intellectual property service agencies, etc. to explore the evaluation methods that meet the characteristics of intellectual property, carry out intellectual property value evaluation services, and provide reference for financial activities such as intellectual property pledge financing.

Article 42 The municipal and district people's governments promote the construction of platforms such as intellectual property transactions, digital copyright transactions, and international film and television animation copyright trade, and provide integrated services such as the registration of intellectual property rights, pricing transactions, evaluation evaluation, operation transformation, and financial services.

Article 43 Encourage market entities to establish equity investment funds, and investment strategic emerging industries in the field of emerging industries with existing core intellectual property rights, industry prospects and technical trends.

Article 44 The intellectual property protection management departments of the city and district shall establish and improve the public service system of intellectual property rights, rely on intellectual property public service centers and workstations, etc., strengthen publicity and training, and provide services such as legal consultation, rights protection assistance, and dispute mediation.

The municipal intellectual property department organizes the formulation of public service lists, standards and processes, and announces to the society; regularly organizes third -party institutions to evaluate the public service of intellectual property public services to improve the quality of public services.

The Municipal Intellectual Property Public Service Center organizes an intellectual property protection volunteer service team in terms of industry, law, technology and other aspects to provide professional intellectual property volunteers for SMEs, innovative and entrepreneurial organizations and teams.

Article 45 The city's construction of intellectual property public information service platforms, promoting the information sharing between the intellectual property protection management department, the people's court, the people's procuratorate, the industry association, and the intellectual property service institution, and provide the society with public information query of intellectual property for free, and the public information inquiry of intellectual property, Search, consultation and other services.

Encourage qualified colleges and universities and scientific research institutions to open up intellectual property information service resources to the society.

Article 46 The municipal intellectual property department shall provide the guidance of the state's other intellectual property system, timely issue information on risk early warning, establish a mechanism for guidance and rights protection assistance mechanisms for overseas intellectual property disputes, and provide experts, information, laws, etc. for handling overseas intellectual property disputes, etc. Support.

Encourage enterprises, industry associations, chamber of commerce, etc. to establish overseas intellectual property rights protection alliances, establish overseas rights protection assistance and mutual assistance funds, and improve overseas intellectual property risk prevention and dispute response capabilities.

Article 47 The city's promotion and standardization of the development of the intellectual property service industry, guide relevant industry associations to carry out classification and evaluation; cultivate internationalization, marketization, and professional intellectual property service agencies, and support their intellectual property agency, consultation, investment, investment in accordance with the law Financing activities; encourage the development of high value -added intellectual property services.

Article 48: Encourage colleges and universities to strengthen the cultivation of intellectual property talents, open up intellectual property -related majors and courses, carry out intellectual property education education, and cultivate composite, applied, and international intellectual property talents.

The city has incorporated intellectual property training into the professional skills promotion plan to expand the scale of intellectual property vocational training; organize business training for relevant personnel engaged in relevant personnel engaged in intellectual property administrative management, judicial, public services, and scientific and technological innovation. Encourage and guide industry associations, chambers of commerce, etc. to conduct evaluation of professional skills of intellectual property talents.

Chapter 5 Different disputes

Article 49 The parties may apply for administrative rulings to the intellectual property department for patent infringement disputes in accordance with the law.

The municipal intellectual property department filed a request requested by the parties to invalidate patents, established a linkage mechanism of administrative ruling and confirmation procedures with the patent administrative department of the State Council, and coordinated the handling of patent infringement disputes.

Article 50 The parties may apply for mediation to the intellectual property protection management department on the intellectual property dispute according to law. If the mediation and signing agreement and the content of the mediation agreement meet the relevant laws and regulations, the people's court shall confirm judicial confirmation in accordance with the party's application.

Article 51 Encourage the establishment of industry and professional intellectual property disputes to encourage industry and professional intellectual property disputes to provide mediation services. Intellectual property, copyright, judicial administration and other departments shall give support and guidance.

Encourage intellectual property service agencies, legal service agencies, etc. to provide convenient and efficient intellectual property dispute mediation services.

Article 52 The municipality establishes a complaint mechanism for intellectual property disputes, and promotes the use of mediation methods to quickly resolve disputes. The people's court can recommend the parties to choose the mediation method to resolve the dispute before the case is filed. It can also be commissioned by the parties to commission the mediation organization or mediation personnel after the case is filed. The application is applied for judicial confirmation or producing the mediation, and litigation costs are reduced in accordance with relevant regulations.

Article 53 Support arbitration agencies to strengthen the construction of arbitration service capabilities for intellectual property disputes, and provide professional, high -quality and efficient arbitration services for parties. Relevant government departments shall provide the convenience of the work residence and entry and exit of foreign -related intellectual property arbitration for arbitration agencies to carry out foreign -related intellectual property arbitration business.

Chapter 6 Legal Responsibility

Article 54 If the network service provider violates Article 28 of these Regulations, it shall be ordered to correct the time limit for the cultural, tourism, market supervision and management department; If the circumstances are serious, a fine of 50,000 yuan and more than 200,000 yuan.

Article 55 If the organizer and organizer of the exhibition violates the provisions of Article 29 of these regulations, the intellectual property department shall order correction. According to the serious circumstances, a fine of warning, notifying criticism, or a fine of less than 30,000 yuan and 100,000 yuan may be imposed.

Article 56 If you violate the provisions of these regulations and violate the intellectual property rights of others, they shall bear civil liability in accordance with the law; if a crime constitutes crimes, criminal responsibility shall be investigated in accordance with the law.

Chapter 7

Article 57 These regulations shall be implemented from July 1, 2022.

Read the original text at the end of the article to see the "Beijing Intellectual Property Protection Regulations" &&&&

Source: official website of the capital of the capital

- END -