The State Intellectual Property Office is an institution directly under the State Council and is a deputy ministerial level institution.Implement the principles, policies, decisions and deployment of the CPC Central Committee on intellectual property work, and uphold and strengthen the centralized and unified leadership of the Party on intellectual property work in the process of performing its duties.[1-3]
In March 2023, the CPC Central Committee and the State Council issued《Reform Plan of Party and State Institutions》。The State Bureau of the State Intellectual Property Office, which is managed by the State Market Supervision and Administration Administration, will be adjusted to an institution directly under the State Council.[11]
Chinese name
State Intellectual Property Office of the People's Republic of China
Foreign name
China National Intellectual Property Administration
In March 2023, the CPC Central Committee and the State Council issued《Reform Plan of Party and State Institutions》。The State Bureau of the State Intellectual Property Office, which is managed by the State Market Supervision and Administration Administration, will be adjusted to an institution directly under the State Council.Law enforcement responsibilities in trademark, patent and other fields continue to be undertaken by the comprehensive law enforcement team of market supervision, and relevant law enforcement work is subject to the professional guidance of the State Intellectual Property Office.[10-11]
Institutional responsibilities
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（1） To formulate and organize the implementation of the national intellectual property strategy.To formulate major policies and development plans to strengthen the building of a powerful intellectual property country.To formulate and implement management policies and systems to strengthen the creation, protection and application of intellectual property rights.
（2） Be responsible for protecting intellectual property rights.To formulate and organize the implementation of intellectual property rights systems for strict protection of trademarks, patents, geographical indications of origin, integrated circuit layout design, etc.Organize the drafting of relevant laws and regulations, formulate departmental rules, and supervise the implementation.To study intellectual property protection, management and service policies that encourage innovation in new fields, new business types and new models.To study and put forward plans for the construction of the intellectual property protection system and organize its implementation, so as to promote the construction of the intellectual property protection system.Be responsible for guiding trademark and patent law enforcement, guiding local intellectual property dispute settlement, rights protection assistance and dispute mediation.
（3） Be responsible for promoting the use of intellectual property rights.To formulate policies on the use of intellectual property rights and regulate transactions, and promote the transfer and transformation of intellectual property rights.We will standardize the appraisal of intellectual property intangible assets.Responsible for compulsory patent licensing.Formulate policies and measures for the development and supervision of intellectual property intermediary services.
（4） Be responsible for the review, registration and administrative adjudication of intellectual property rights.Implement trademark registration, patent examination and integrated circuit layout design registration.To be responsible for administrative adjudication of trademark, patent, integrated circuit layout design review and invalidity.To formulate a unified identification system for geographical indications of origin and organize its implementation.
（5） Responsible for establishing the public service system of intellectual property.Build a national public service platform for intellectual property information that is convenient for enterprises and people and interconnected, and promote the dissemination and utilization of intellectual property information such as trademarks and patents.
（6） Be responsible for coordinating foreign-related intellectual property matters.To formulate policies on foreign related intellectual property work, and carry out foreign intellectual property negotiations according to the division of labor.Carry out international liaison, cooperation and exchange activities on intellectual property work.
（7） Complete other tasks assigned by the Party Central Committee and the State Council.
（8） Function transformation.
1. Further integrate resources, optimize processes, effectively use informatization means, shorten intellectual property registration time, improve service facilitation, and improve review quality and efficiency.
2. Further relax the access to intellectual property service industry, expand the opening of patent agency field, and relax the restrictions on shareholders or partners of patent agencies.
3. Accelerate the construction of a public service platform for intellectual property information, collect global intellectual property information, strengthen patent navigation according to industrial fields, provide convenient query and consultation services for entrepreneurship and innovation, realize free information or low-cost opening, and improve the awareness of intellectual property protection and risk prevention in the whole society.
4. Strengthen the credit supervision on rush registration of trademarks, abnormal patent applications and other acts, standardize trademark registration and patent applications, and safeguard the legitimate rights and interests of obligees.
（9） Relevant responsibility division.
1. Division of responsibilities with the State Administration of Market Supervision.The State Intellectual Property Office is responsible for providing operational guidance for trademark and patent enforcement, formulating and guiding the implementation of trademark rights, patent rights confirmation and infringement judgment standards, formulating inspection, appraisal and other relevant standards for trademark and patent enforcement, establishing mechanisms, and doing a good job in policy and standard convergence and information notification.The State Administration of Market Supervision and Administration is responsible for organizing and guiding the enforcement of trademark patents.
2. Division of responsibilities with the Ministry of Commerce.The State Intellectual Property Office is responsible for coordinating foreign-related intellectual property matters.The Ministry of Commerce is responsible for multilateral and bilateral negotiations on intellectual property rights related to economy and trade, bilateral consultation mechanism for intellectual property cooperation and coordination of domestic positions.
3. Division of responsibilities with the National Copyright Administration.The copyright management shall be carried out in accordance with the provisions of the CPC Central Committee and the State Council on the functions of copyright management.[1]
Internal organization
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（1） Office.Be responsible for the daily operation of the organ, and undertake security, confidentiality, letters and visits, government affairs publicity, informatization and other work.Undertake policy research.Organize and carry out intellectual property publicity, and undertake the work of releasing important government information.
（2） Department of Treaty and Law.To coordinate and put forward proposals for the drafting and revision of international treaties on intellectual property rights and foreign negotiations on intellectual property rights.Propose relevant laws, regulations and rules.Undertake the review of the legality of normative documents, administrative reconsideration, administrative response, etc.Formulate review policies and authorization determination criteria for trademarks, patents, geographical indications of origin, integrated circuit layout design, and organize the implementation of application, acceptance, authorization, etc.Organize law popularization and publicity work.
（3） Strategic Planning Division.To formulate national intellectual property strategy and policies and measures for building a powerful intellectual property country.Organize the prediction and early warning of intellectual property risk.To draw up national intellectual property development plans and plans for examination, registration and registration of trademarks, patents, geographical indications of origin, etc.To undertake the budget and final accounts of the department and the financial, asset and capital construction plans of the units directly under the bureau.Undertake the statistical investigation, analysis and release of intellectual property rights.
（4） Department of Intellectual Property Protection.Undertake the construction of intellectual property protection system.Organize the drafting of standards for judging trademark and patent infringement, and inspection, appraisal and other relevant standards for protection and enforcement.Undertake trademark review, patent reexamination, invalidation and other administrative adjudications.Undertake the protection of geographical indications of origin, integrated circuit layout design, special signs, Olympic signs, World Expo signs and other official signs, and guide the settlement of local intellectual property disputes, rights protection assistance and dispute mediation.
（5） Division for Promotion of Intellectual Property Application.To formulate and implement management policies and systems to strengthen the creation and application of intellectual property rights.To guide and standardize the appraisal of intellectual property intangible assets.Undertake compulsory patent licensing, trademark patent pledge registration, transfer license filing management and other related work.To formulate policies regulating intellectual property transactions.To formulate and organize the implementation of policies and measures for the development and supervision of intellectual property intermediary service system.
（6） Public Service Division.Organize the implementation of the national intellectual property information public service system and informatization construction, undertake the work related to the formulation of intellectual property information processing standards, and promote the facilitation, intensification and efficiency of information services.Undertake the work related to the dissemination and utilization of trademark, patent and other intellectual property information, research, analysis and release of intellectual property application, authorization, registration, registration and other information.
（7） Department of International Cooperation (Hong Kong, Macao and Taiwan Office).Undertake overall coordination of foreign-related intellectual property matters.Study the development trend of foreign intellectual property.To formulate policies on intellectual property related work.Undertake relevant foreign negotiations.Undertake relevant international liaison, cooperation and exchange activities.Undertake relevant matters involving Hong Kong, Macao and Taiwan.
（8） Personnel Department.Undertake the work of cadre and personnel, organization establishment, labor wages and education of the government and directly affiliated units, and guide the construction of relevant talent teams.Undertake the work of retired cadres.
Party committee of the organ.To be responsible for the Party masses work of the organs and units directly under Beijing.[1]
staff establishing
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The State Intellectual Property Office has 143 administrative staff members (including 3 members of the two committees and 1 member of the assistance team).There is one director, four deputy directors, and 24 chief and deputy directors (including one full-time deputy secretary of the Party committee of the organ).
The establishment, responsibilities and staffing of the public institutions affiliated to the State Intellectual Property Office shall be stipulated separately.[1]
Current leaders
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Shen Changyu: Director of the State Intellectual Property OfficeSecretary of the Party Leadership Group[4][12-13]
Liao Tao: Deputy Director of the State Intellectual Property Office, member of the Party Leadership Group
Lu Pengqi: Deputy Director of the State Intellectual Property Office, member of the Party Leadership Group[8]
Hu Wenhui: Deputy Director of the State Intellectual Property Office, member of the Party Leadership Group
Li Wanlu: Deputy Director of the State Intellectual Property Office, Party Membermember[7][13]
