Xinhua News Agency, Beijing, September 22 Recently, the Central Committee of the Communist Party of China and the State Council issued the Outline of Building a Powerful Country with Intellectual Property Rights (2021-2035) and issued a notice requiring all regions and departments to conscientiously implement it in light of actual conditions.
The main contents of the Outline for Building a Powerful Intellectual Property Country (2021-2035) are as follows.
This Outline is formulated in order to comprehensively promote the construction of a powerful intellectual property country, comprehensively improve the level of intellectual property creation, application, protection, management and service, and give full play to the important role of the intellectual property system in socialist modernization.
1、 Strategic context
Since the 18th National Congress of the Communist Party of China, under the strong leadership of the Party Central Committee with Comrade Xi Jinping at the core, China's intellectual property development has achieved remarkable results, the system of intellectual property laws and regulations has been gradually improved, and the ownership of high-value intellectual property rights, such as core patents, well-known brands, high-quality copyrights, new varieties of fine plants, high-quality geographical indications, high-level integrated circuit layout and design, has increased significantly, The protection of trade secrets has been continuously strengthened, the utilization level of genetic resources, traditional knowledge and folk art has been steadily improved, the effect of intellectual property protection, utilization efficiency and international influence have been significantly improved, and the awareness of intellectual property rights in the whole society has been greatly improved. A number of market players with strong intellectual property competitiveness have emerged, and a path of intellectual property development with Chinese characteristics has been taken, We will ensure that the goal of building an innovative country and building a moderately prosperous society in all respects is achieved.
Entering a new stage of development, promoting high-quality development is an inevitable requirement for sustained and healthy economic development. Innovation is the first driving force for development. Intellectual property rights play a more prominent role as a strategic resource for national development and a core element of international competitiveness. Implement the strategy of strengthening the country through intellectual property rights, respond to the challenges posed by new technologies, new economies and new situations to the reform of the intellectual property system, accelerate the reform and development of intellectual property rights, coordinate the linkage between the government and the market, domestic and international, as well as the quantity and quality of intellectual property rights, demand and supply, comprehensively enhance China's comprehensive strength of intellectual property rights, and vigorously stimulate the innovation vitality of the whole society, Building a world-class intellectual property power with Chinese characteristics is of great significance to improving the country's core competitiveness, expanding high-level opening up, achieving higher quality, more efficient, more equitable, more sustainable and safer development, and meeting the people's growing needs for a better life.
2、 General requirements
（1） Guiding ideology. Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, Fourth and Fifth Plenary Sessions of the 19th Central Committee of the Communist Party of China, closely focus on the overall layout of "Five in One" and the coordinated promotion of the "Four Comprehensive" strategic layout, adhere to the general tone of seeking progress while maintaining stability, and take promoting high-quality development as the theme, Taking deepening the supply side structural reform as the main line, taking reform and innovation as the fundamental driving force, and meeting the people's growing needs for a better life as the fundamental purpose, we should base ourselves on the new development stage, implement the new development concept, build a new development pattern, and firmly grasp that strengthening intellectual property protection is the most important content of improving the property rights protection system and the biggest incentive to improve the national economic competitiveness, Open up the whole chain of intellectual property creation, application, protection, management and service, strengthen international cooperation in intellectual property protection, build a strong intellectual property country with perfect system, strict protection, efficient operation, convenient service, cultural awareness, openness and win-win, and provide a solid guarantee for building an innovative country and a modern socialist power.
（2） Working principles
——The rule of law guarantees and strict protection. We will implement the basic strategy of comprehensively governing the country in accordance with the law, strictly protect intellectual property rights in accordance with the law, and earnestly safeguard social fairness and justice and the legitimate rights and interests of rights holders.
——Reform driven and quality led. Deepen the reform in the field of intellectual property, build a more perfect system and mechanism for market-oriented allocation of factors, better play the basic guarantee role of intellectual property system in encouraging innovation, and provide continuous power for high-quality development.
——Focus on key points and make overall coordination. Adhere to strategic guidance and overall planning, highlight key areas and major needs, and promote the in-depth integration and development of intellectual property with the economy, science and technology, culture, society and other aspects.
——Scientific governance and win-win cooperation. Adhere to the concept of a community with a shared future for mankind, plan and promote the reform and development of intellectual property rights from an international perspective, promote the construction of international rules for intellectual property rights that are open, inclusive, balanced and inclusive, and let innovation create more benefits for people of all countries.
（3） Development objectives
By 2025, the construction of a powerful intellectual property country will have achieved remarkable results, the protection of intellectual property rights will be more strict, social satisfaction will reach and maintain a high level, the market value of intellectual property rights will be further highlighted, brand competitiveness will be significantly improved, the added value of patent intensive industries will account for 13% of GDP, and the added value of copyright industries will account for 7.5% of GDP, The annual total import and export of intellectual property royalties reached 350 billion yuan, and the number of high-value invention patents per 10000 people reached 12 (the above indicators are expected).
By 2035, China's comprehensive competitiveness of intellectual property will be among the top in the world, the intellectual property system will be complete, intellectual property will promote innovation and entrepreneurship, the cultural consciousness of intellectual property in the whole society will be basically formed, the pattern of international cooperation for all-round and multi-level participation in global governance of intellectual property will be basically formed, and a strong intellectual property country with Chinese characteristics and world level will be basically built.
3、 Building an Intellectual Property System for Socialist Modernization
（4） Build a legal system with complete categories, tight structure and internal and external coordination. We will carry out basic legal research on intellectual property rights, make a good connection between special laws and regulations, and enhance the applicability and uniformity of laws and regulations. Revise the Patent Law, Trademark Law, Copyright Law and Regulations on the Protection of New Plant Varieties in a timely manner according to the actual situation, explore the formulation of special laws and regulations on geographical indications, design and other special laws and regulations, improve the unified geographical indication protection system that coordinates special protection and trademark protection, and improve the laws and regulations on layout design of integrated circuits. We will formulate and revise laws and regulations on strengthening the protection of trade secrets, improve the legal system regulating the abuse of intellectual property rights, and legislate on antitrust and anti unfair competition related to intellectual property rights. Amend the Law on Science and Technology Progress. In combination with the revision and implementation of the relevant procedural law, we will study and establish a sound special procedure legal system that conforms to the law of intellectual property trial. Accelerate the legislation of intellectual property rights in new fields such as big data, artificial intelligence and genetic technology. To meet the needs of scientific and technological progress and the situation of economic and social development, we should promote the establishment of laws and regulations on intellectual property rights in a timely manner in accordance with the law, replace them, abolish them, expand the scope of protected objects in a timely manner, improve protection standards, establish and implement a punitive compensation system for infringement in an all-round way, and increase compensation for damages.
（5） Build a management system with unified responsibilities, scientific standards and excellent services. Continuously optimize the management system and mechanism, strengthen the central authority in macro management of intellectual property protection, regional coordination, foreign affairs planning and other aspects, constantly strengthen institutional construction, and improve management efficiency. Around the national regional coordinated development strategy, formulate and implement the regional intellectual property strategy, deepen the construction of strong provinces and cities with intellectual property rights, and promote the coordinated development of regional intellectual property rights. We will implement the construction project of a first-class patent and trademark examination organization, establish a system of patent and trademark examiners, optimize the patent and trademark examination collaboration mechanism, and improve the quality and efficiency of examination. We will build a regulatory system for the intellectual property service industry featuring government supervision, social supervision, industry self-discipline and institutional autonomy.
（6） Build a fair and reasonable policy system with scientific evaluation. Adhere to the policy orientation of strict protection, improve the distribution mechanism of intellectual property rights, improve the distribution system oriented to increasing intellectual value, and promote the realization of intellectual property value. We will improve the patent and trademark examination policy oriented by strengthening protection. We will improve the copyright registration system, network protection and trading rules. We will improve the policy adjustment mechanism for intellectual property review and registration, and establish a dynamic review management mechanism. We will establish and improve the review system for the legality of intellectual property policies and fair competition. Establish an intellectual property public policy evaluation mechanism.
（7） Build a system of intellectual property rules in emerging and specific fields that respond promptly and protect reasonably. Establish and improve intellectual property protection rules for new technologies, new industries, new formats and new models. Explore and improve the intellectual property protection system in the Internet field. Research and construct data intellectual property protection rules. We will improve the open source intellectual property rights and legal system. We will study and improve the rules for protecting intellectual property rights of algorithms, business methods, and AI products. We will strengthen the system of access to and benefit sharing of genetic resources, traditional knowledge, folk literature and art, and strengthen the collection, collation, transformation, and utilization of intangible cultural heritage. Promote the effective connection between the protection of traditional knowledge of Chinese medicine and the modern intellectual property system, further improve the comprehensive protection system of intellectual property rights of Chinese medicine, establish a special review and protection mechanism for Chinese medicine patents, and promote the inheritance, innovation and development of Chinese medicine.
4、 Build an intellectual property protection system supporting the world-class business environment
（8） We will improve the judicial protection system that is fair and efficient, has a scientific jurisdiction, has a clear authority, and is systematic and complete. We will implement the construction project of high-level intellectual property judicial institutions, and strengthen the construction of the judicial foundation, institutional mechanisms, and smart courts. We will improve the intellectual property trial organization, optimize the layout of the trial organization, improve the appeal trial mechanism, deepen the reform of the "three in one" trial mechanism for civil, criminal and administrative cases of intellectual property, and build a specialized trial system with centralized jurisdiction and intensive procedures. Strengthen the professional training and professional selection of intellectual property judges, strengthen the construction of the team of technical investigators, and ensure the quality and efficiency of cases. Actively promote the construction of cross regional intellectual property remote litigation platform. Unify the standards of intellectual property judicial adjudication and the application of law, and improve the rules of adjudication. We will intensify efforts to crack down on criminal cases and improve the investigation system of intellectual property crimes. Revise and improve the judicial interpretation related to intellectual property rights, and formulate the standards for filing and prosecuting intellectual property infringement crimes. Strengthen the construction of the procuratorial supervision mechanism for intellectual property cases, and strengthen the guidance of sentencing suggestions and protest guidance.
（9） We will improve a convenient, efficient, strict, fair, open and transparent administrative protection system. Allocate and exercise the power of investigation, punishment and coercion of relevant administrative departments in a scientific manner according to law. Establish a unified and coordinated law enforcement standard, evidence rules and case guidance system. Vigorously improve the professional and professional level of administrative law enforcement personnel, and explore the establishment of the system of administrative protection technical investigators. Build a platform for intellectual property administrative law enforcement and supervision, and improve the modernization and intelligence of law enforcement and supervision. Establish and improve the inspection and identification system of intellectual property infringement disputes. Give play to the role of the administrative adjudication system for patent infringement disputes, and increase the enforcement of administrative adjudication. Explore the judicial confirmation system of administrative mediation agreement for intellectual property disputes applied by the parties. We will improve the coordination mechanism for law enforcement and protection across regions and departments. Establish an investigation mechanism for intellectual property protection in foreign trade and a special mechanism for intellectual property protection in the pilot free trade zone. We will strengthen customs protection of intellectual property rights and promote international cooperation in intellectual property law enforcement.
（10） We will improve the coordinated protection pattern featuring unified leadership, smooth connection, speed and efficiency. Adhere to the centralized and unified leadership of the Central Committee of the Communist Party of China, and realize the coordinated protection of intellectual property rights that the government performs its duties and responsibilities, the law enforcement department strictly supervises, the judicial organ impartially administers justice, the market subject regulates management, the industry organization self-discipline and autonomy, and the public is honest and law-abiding. Implement the construction project of intellectual property protection system. Clarify the responsibilities, authorities and jurisdiction of administrative and judicial authorities, improve the linkage mechanism between intellectual property administrative protection and judicial protection, and form a joint force of protection. Establish and improve the system of intellectual property arbitration, mediation, notarization, appraisal and rights protection assistance, and strengthen the construction of relevant systems. We will improve the intellectual property credit supervision system, strengthen the construction of the intellectual property credit supervision mechanism and platform, and punish serious dishonesty in the intellectual property field according to law and regulations. We will improve the system of collective management of copyright, and strengthen support for and supervision of copyright collective management organizations. Implement the protection project of geographical indications. Build a network of intellectual property protection centers and a network of overseas intellectual property dispute response and guidance centers. Establish and improve the information platform for overseas intellectual property early warning and rights protection assistance.
5、 Constructing the Operation Mechanism of Intellectual Property Market to Stimulate Innovation and Development
（11） Improve the high-quality creation mechanism with enterprises as the main body and market as the guide. Reform and improve the assessment and evaluation mechanism of intellectual property rights based on quality and value. We will guide market players to give play to the combined effect of patents, trademarks, copyrights and other types of intellectual property rights, and foster a number of world-class enterprises with strong intellectual property competitiveness. We will deepen the implementation of the intellectual property strategy promotion project for small and medium-sized enterprises. Optimize the intellectual property management of national science and technology projects. Focusing on the frontier technology and key fields of biological breeding, we will accelerate the cultivation of a number of new varieties of fine plants with intellectual property rights, and improve the quality of authorized varieties.
（12） Perfect the application mechanism with efficient and smooth operation and full realization of value. We will strengthen the cultivation of patent intensive industries and establish an investigation mechanism for patent intensive industries. Actively play the role of patent navigation in regional development and major economic and technological projects invested by the government, and vigorously promote the application of patent navigation in traditional advantageous industries, strategic emerging industries, and future industrial development. We will reform the ownership and distribution mechanism of state-owned intellectual property rights, and expand the autonomy of scientific research institutions and universities in dealing with intellectual property rights. Establish and improve the declaration system for the formation of intellectual property rights for financial funded scientific research projects. Establish an intellectual property transaction price statistics release mechanism. Promote the construction of trademark brands, strengthen the protection of well-known trademarks, develop and inherit traditional brands and time-honored brands, and vigorously cultivate well-known trademark brands with international influence. Give play to the role of collective trademark and certification trademark system, and create industrial cluster brands and regional brands with distinctive characteristics, strong competitiveness and good market reputation. Promote the organic integration of geographical indications and the development of characteristic industries, ecological civilization construction, historical and cultural inheritance and rural revitalization, and improve the brand influence and product added value of geographical indications. Implement the protection project for agricultural products with geographical indications. We will deepen the pilot and demonstration work of intellectual property rights, promote enterprises, colleges and research institutions to improve their intellectual property management systems, and encourage colleges and research institutions to establish specialized intellectual property transfer and transformation institutions.
（13） Establish a standardized, orderly and dynamic market-oriented operation mechanism. Improve the level of intellectual property agency, law, information, consultation and other services, and support the development of value-added services such as intellectual property asset evaluation, transaction, transformation, custody, investment and financing. Implement the construction project of intellectual property operation system, build a comprehensive intellectual property operation service hub platform, build a number of operation platforms focusing on industries and driving regions, cultivate international, market-oriented and professional intellectual property service institutions, and carry out grading and classification evaluation of intellectual property service industry. We will improve the intangible assets appraisal system and form a management mechanism that coordinates incentives and supervision. Actively and steadily develop intellectual property finance, improve the intellectual property pledge information platform, encourage the development of various types of intellectual property hybrid pledge and insurance, and standardize the exploration of intellectual property financing mode innovation. We will improve copyright trading and service platforms, and strengthen services such as work asset evaluation, registration and certification, and pledge financing. Carry out the pilot work of national copyright innovation and development. Build a national copyright exhibition authorization trading system.
6、 Build a public service system of intellectual property for the convenience and benefit of the people
（14） We will strengthen the provision of comprehensive, standardized, intelligent and efficient public services. Implement the intelligent construction project of intellectual property public service, improve the national intellectual property big data center and public service platform, expand the depth and breadth of the opening of various intellectual property basic information, and realize the sharing and integration of economic, scientific, financial, legal and other information. Deeply promote the "Internet+" government services, make full use of new technologies to build an intelligent patent and trademark examination and management system, optimize the examination process, and realize the "one network" and "one-stop" services of intellectual property government services. We will improve the backbone service network, expand service outlets such as technology and innovation support centers, and build a public service system for intellectual property with government guidance, diversified participation, and interconnection and sharing. We will strengthen professional and convenient public consultation services for intellectual property, and improve the public service mechanism for intellectual property of small and medium-sized enterprises and start-ups. Improve the intellectual property service mechanism of international exhibitions.
（15） We will strengthen the standardization, standardization and networking of public services. Clarify the public service items and scope of intellectual property, and formulate the list of public service items and service standards. We will make overall plans to promote the construction of hierarchical and classified public service institutions for intellectual property rights, and vigorously develop high-level specialized service institutions. Effectively use information technology and comprehensively use online and offline means to improve the efficiency of intellectual property public services. Open communication channels and improve social satisfaction of intellectual property public services.
（16） Establish a data standard, resource integration, and efficient information service model. Strengthen the formulation of intellectual property data standards and the supply of data resources, and establish a market-oriented and socialized information processing and service mechanism. Standardize the intellectual property data trading market, promote the openness and sharing of intellectual property information, handle the relationship between data openness and data privacy protection, improve the efficiency of dissemination and utilization, and fully realize the market value of intellectual property data resources. We will promote the coordinated development of public services and market-based services for intellectual property information. Strengthen international intellectual property data exchange and improve the ability and level of using global intellectual property information.
7、 Build a humanistic and social environment to promote the high-quality development of intellectual property
（17） Create an intellectual property cultural concept of respecting knowledge, advocating innovation, integrity and law-abiding, and fair competition. We should strengthen education, guidance, practice and institutional guarantee, cultivate citizens' habits of consciously respecting and protecting intellectual property rights, and consciously resist infringement and counterfeiting. Advocate a culture of innovation, promote the concept of integrity and the spirit of contract, vigorously publicize typical enterprises that are determined to innovate and operate in good faith, and guide enterprises to consciously fulfill their social responsibilities to respect and protect intellectual property rights. We should foster a cultural atmosphere of fair competition, cultivate intellectual property cultural consciousness and cultural self-confidence in the new era, and promote the integration, symbiosis and mutual promotion of intellectual property culture and the culture of rule of law, innovation culture and civic morality.
（18） Build intellectual property culture communication matrix with novel content, diverse forms and integrated development. Build an intellectual property cultural communication platform integrating traditional media and emerging media, and expand new media channels such as social media, short videos, and clients. Innovate the content, form and means, strengthen the publicity of foreign-related intellectual property, form an all media communication pattern covering both domestic and foreign countries, and create a brand of intellectual property publicity. We will vigorously develop national intellectual property high-end think tanks and characteristic think tanks, deepen theoretical and policy research, and strengthen international academic exchanges.
（19） Create a more open, active and dynamic environment for the development of intellectual property talents. We will improve the mechanism for intellectual property talent training, evaluation, incentives, and mobility. Support the independent review of degree authorization and the independent establishment of intellectual property first level disciplines by colleges and universities. Promote the establishment of intellectual property professional degrees. Implement the training plan for intellectual property talents. Rely on relevant universities to arrange a number of national intellectual property talent training bases, and strengthen the construction of secondary intellectual property colleges in relevant universities. Strengthen the construction of the public lawyer team of the intellectual property management department, do a good job in the training and training of foreign-related intellectual property lawyers, and strengthen the training of international intellectual property talents. Develop a number of high-quality courses on intellectual property. Carry out intellectual property education for cadres. We will further promote intellectual property education in primary and secondary schools, and continue to enhance the intellectual property awareness of young people.
8、 Deeply participate in global intellectual property governance
（20） Actively participate in the reform and construction of the global governance system of intellectual property rights. We will open wider to the outside world in the field of intellectual property rights, improve the international dialogue and exchange mechanism, and promote the improvement of international rules and standards on intellectual property rights and related international trade and investment. Actively promote multilateral and bilateral negotiations on intellectual property rights related to economy and trade. Build a foreign-related risk prevention and control system for intellectual property. We will strengthen cooperation with national intellectual property review institutions and promote the sharing of review information. Create a preferred place for international intellectual property litigation. Improve the internationalization level of intellectual property arbitration. We will encourage high-level foreign institutions to provide intellectual property services in China.
（21） Build an international cooperation network of multilateral and bilateral coordination and linkage. Actively safeguard and develop the multilateral cooperation system of intellectual property rights, and strengthen cooperation in international frameworks and multilateral mechanisms such as the United Nations and the World Trade Organization. Deepen practical cooperation on intellectual property rights with countries and regions jointly building the "Belt and Road", create a high-level cooperation platform, promote cooperation in information and data resources projects, and provide diversified services such as patent retrieval, review, and training to countries and regions jointly building the "Belt and Road". Strengthen the external work force of intellectual property. We will actively play the role of non-governmental organizations in international exchanges and cooperation on intellectual property rights. Expand overseas patent distribution channels. Promote the effective combination of patents and international standard formulation. Create a good image of Chinese trademark brands, promote mutual recognition and protection of geographical indications, and strengthen the global promotion of Chinese trademark brands and geographical indication products.
9、 Organizational guarantee
（22） Strengthen organizational leadership. Comprehensively strengthen the Party's leadership over the construction of a powerful intellectual property country, give full play to the role of the inter ministerial joint meeting of the State Council on the implementation of the intellectual property strategy, establish a working system of unified leadership, departmental coordination and linkage, and formulate an annual promotion plan for the implementation of this Outline. All regions and departments should attach great importance to it, strengthen organizational leadership, clarify the division of tasks, establish and improve the working mechanism for coordinating the implementation of this Outline with the national economic and social development plan, key special plans and relevant policies, make overall arrangements for relevant tasks and measures in combination with the actual situation, and implement them one by one.
（23） Strengthen condition guarantee. We will improve the system for ensuring central and local financial input and increase support for the implementation of the Program. Comprehensively apply relevant policies such as finance, taxation, investment and financing to form a diversified and multi-channel capital investment system, highlight key points, optimize structure, and ensure the implementation of tasks. In accordance with relevant national regulations, the collective and individual who have made outstanding contributions to the building of a strong intellectual property country will be commended.
（24） Strengthen assessment and evaluation. The State Intellectual Property Office, together with relevant departments, has established a dynamic adjustment mechanism for the implementation of the Program, carried out annual monitoring and regular evaluation and summary, supervised and inspected the implementation of work tasks, included them in relevant work evaluation, and reported important information to the CPC Central Committee and the State Council in a timely manner according to procedures. In the assessment of the leading cadres of the Party and government and the leading groups of state-owned enterprises, attention is paid to the assessment of the effectiveness of intellectual property related work. Local governments at all levels should strengthen supervision and assessment, and include the construction of a powerful intellectual property country in the scope of supervision and assessment.
