Wuhan To Promote Intellectual Property Rights Work Several Provisions

Original Language Title: 武汉市促进知识产权工作若干规定

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Wuhan to promote intellectual property rights work several provisions

    (October 26, 2009 87th meeting consideration of the people's Government of Wuhan municipality on December 15, 2009, Wuhan municipal people's Government promulgated as of February 1, 2010, order No. 204) first for the implementation of the national intellectual property strategy, and further enhance the city's capacity to create, use, protection and management of intellectual property, in accordance with the relevant laws and regulations on intellectual property rights and the national intellectual property strategy guidelines, combined with the city's actual, these provisions are formulated.

    II municipal and district people's Government on intellectual property under unified leadership, integrating intellectual property into national economic and social development plan, the requirements for the protection of intellectual property rights, strengthening the work of intellectual property information, education; according to the national intellectual property strategy guidelines to develop local intellectual property strategy and annual plans; to make outstanding achievements in intellectual property rights in the units and individuals to be commended and rewarded.

    Municipal people's Government the establishment of invention patent awards, design awards, well-known trademarks, standard awards special award for intellectual property, encouraged the creation and use of intellectual property rights.

    Article III establishment of patent, trademark, copyright, new plant varieties, geographical indications, layout-designs of integrated circuits, such as intellectual property management and development reforms, economic and information, science and technology, Commerce, culture, public security, intellectual property, and other related departments to participate in coordination mechanisms, regular study and solve major issues in intellectual property work, daily work borne by the municipal Bureau of intellectual property rights. Fourth of municipal and district people's Government the establishment of intellectual property applications for funding, and encourage enterprises to apply for patents, registered trademarks and new plant varieties, geographical indications, layout-designs of integrated circuits and copyright registration.

    The increase in funding each year to maintain a certain.

    Fifth to encourage enterprise with intellectual property investment for shares of such intangible assets, intellectual property intangible assets as a proportion of registered capital up to a maximum of 70%.

    Formation of enterprises, research and development expenses of intangible assets, in accordance with the cost of the intangible asset amortization of 150% before tax. Encourage enterprise through intellectual property, licensing, pledge, such as the market value of the intellectual property.

    Implementation of corporate transfers, licensing intellectual property income, in accordance with the relevant provisions of tax incentives.

    Sixth city and district governments to establish special funds for intellectual property pledge loan interest, in accordance with the relevant provisions of qualified enterprises in the intellectual property pledge loan interest subsidies. Article seventh fiscal, financial, investment and other policies to support enterprise's independent intellectual property industry.

    For enterprises with independent intellectual property rights or proprietary intellectual property rights in the development process focuses on research and development, technological transformation projects, intellectual property management should be supported.

    Patent to market and advanced technology projects, enterprises, or the purchase of local college patent technology and implementation, by the intellectual property management of proper financial support.

    Support enterprises to translate patents into national standards, international standards and other standards. Support based on the copyright publishing, software development, animation production, and development of cultural industries.

    Encouraging enterprises to pay attention to the copyright registration process, to reflect the cultural heritage of the city, the excellent works of folk art is free to register.

    Eighth on the formulation and implementation of intellectual property strategy of enterprises, intellectual property management Department on intellectual property information services, expert advice, training support and service enterprises entrust professional institutions to develop intellectual property strategies grant for expenses incurred. Nineth support the involvement of enterprises, establishment of a Service invention-creation distribution mechanism.

    Was grant patent of units in patent of effective term within, annual should from implementation invention or practical new patent proceeds profit tax Hou extraction not below 5%, or from implementation appearance design patent proceeds profit tax Hou extraction not below 2%, as paid payment invention people or design people, also can reference above proportion, one-time payment invention people or design people, also can and invention people or design people agreed paid proportion.

    Unit was awarded the franchise or license others to commit their patent shall, within 3 months of receiving transfer fees or licensing fees, extraction of not less than 30% of the taxes paid, pay the inventor or creator.

    Tenth, establishing intellectual property, this information public service platform, novelty, key technology for enterprise intellectual property rights problem tracking, patent databases, intellectual property strategy of providing intellectual property information services; the establishment of intellectual property exhibition platform, through the Government, building a full, active and good order of information intellectual property rights trading market. 11th to strengthen personnel training and the introduction of intellectual property rights.

    Wuhan relies on universities to establish intellectual property rights training base, advancing the city administration of intellectual property rights, intellectual property management, intellectual property agency services, the training of professionals; actively training and introduce intellectual property international work experience, have the ability to deal with international intellectual property high-level talents.

    12th established intellectual property rights mechanism for major science and technology projects, guide to Declaration of the project, project contracting, project evaluation and acceptance plan all phases of project management of science and technology, focusing on strengthening intellectual property management.

    13th an intellectual property management departments should strengthen key industries and enterprises, products and intellectual property development in key areas such as research, monitoring, and on the possibility of broad, affecting intellectual property rights disputes, disputes and emergencies, in accordance with the relevant provisions be published and issued a warning. Article 14th to establish and improve the system of intellectual property consideration of major economic activities. The city's major economic activities involving intellectual property rights, the relevant approval authority shall examine by the project applicant project intellectual property evaluation report, if necessary, seek the views of intellectual property management.

    Specific measures shall be in accordance with the relevant provisions of the municipal people's Government.

    15th government procurement activities, purchasing counterfeit or infringing upon others ' intellectual property rights is prohibited goods, construction and services; provided by the supplier shall make a written commitment to the goods, works and services with legal and effective intellectual property rights.

    Knew or should have known that suppliers provide goods, construction and services still be purchasing counterfeit or infringing intellectual property rights, in accordance with the relevant provisions to hold people accountable.

    Intellectual property management Department shall, jointly with relevant departments to develop their own intellectual property rights and services government procurement list and announced to the public.

    16th outside established intellectual property protection mechanism, strengthen the protection of intellectual property rights outside the study, prevention, and response.

    Intellectual property management sector and business sector should guide engaged in imports goods or accept delegate engaged in incoming (set brand) processing, and imports about raw materials or introduced outside technology project involved export country intellectual property of enterprises, comply with outside intellectual property protection provides, avoid introduced invalid, and failure intellectual property or violations others intellectual property of products or technology; to outside export products or for technology trade Shi, timely for about national or area of intellectual property retrieved, avoid violations imports country intellectual property.

    17th an intellectual property management and commercial departments should guide business enterprises to establish intellectual property management systems and enhance their awareness and ability to protect themselves.

    Trading company dealing in goods, the provision of services related to intellectual property rights, should require the supplier to submit and verify the goods, services, intellectual property implications of the legal documentation, recordal in the files and in goods, avoid distribution, providing counterfeit goods or services or violation of intellectual property rights.

    18th an intellectual property management and the business sector should lead services outsourcing contract and Contracting Party establishing and perfecting the system of intellectual property protection.

    Outsourcing the employer and the contractor should be involved in the outsourcing process intellectual property ownership, protection, protection of technical secrets to clear such areas as agreed, and to fulfil their obligations for intellectual property protection. Article 19th exhibition intellectual property protection systems. Sponsored by the Government or a Government Department, and has a major impact on the show, intellectual property management intellectual property complaint, should be resident advisory services.

    Events are to occur during acts of counterfeiting or infringement of intellectual property rights, intellectual property management departments should be promptly investigated and dealt with according to law, the show organizer shall cooperate. Exhibition Organizer shall sign with Exhibitor's participation contract intellectual property protection provisions, requires commitment of exhibitors the exhibition of products or technologies involved in intellectual property legal and valid, and does not infringe the intellectual property rights breach of promise or provide false promises, exhibition organizer can cancel their qualification.

    Fair organizer shall require the exhibitor will participate in projects involving the registration of intellectual property rights and publicity. 20th an intellectual property administrative departments shall guide, advertisers, advertising agents and advertisement publishers shall establish a sound verification system involving intellectual property ads.

    Advertising involves intellectual property content inaccurate or incomplete supporting documents, advertising agents shall not offer designing, making, agency services, advertisement publishers shall not be published.

    21st an intellectual property administrative departments should strengthen the intellectual property agency, consulting, appraisal, assessment of intermediary service institutions, such as training, guidance and supervision, standardizing their practice.

    Intellectual property management Department, in conjunction with the departments concerned published list of intermediary service organization of intellectual property established by law, subject to public supervision.

    22nd sector should encourage and support the establishment of an intellectual property management intellectual property Association, guiding Association establishment and improvement of intellectual property systems, IP-related training, exchange of experiences, policies and legal consulting services.

    23rd departments shall establish an intellectual property management intellectual property files, record the following:

    (A) the legally effective administrative punishments, administrative decision, confirmed by the facts and result of infringement;

    (B) the legally effective justice instruments and the arbitration documents confirmed by the facts and result of infringement;

    (C) the society for the protection of intellectual property rights according to the articles of Association of the outcome of the disciplinary the members of infringement of intellectual property rights;
(D) other contents that can be recorded.

    Intellectual property management can in good faith, the contents of the archive informed the relevant institutions into enterprises or individual credit system, in accordance with the relevant provisions to the general public.

    Article 24th assistance services for intellectual property rights, by their organization social intermediary service organizations, research institutions, community groups, economic hardship or in a weak position in the city citizens, legal persons and other organizations to provide assistance for intellectual property rights; the city citizens, legal persons and other organizations overseas intellectual property rights request provides the necessary intelligence, financial assistance.

    25th complaint established intellectual property protection services (hereinafter referred to as service complaints), accepted by the reported complaints of violations of intellectual property rights. Service complaints after receiving the complaint shall be referred to the corresponding intellectual property management department within 5 business days; after receiving the transferred intellectual property management departments, should be made within 5 working days to accept or not to accept the decision.

    On the inadmissibility decision and shall state the reason; on the admissibility decision, shall, within 5 working days after the complaint concluded the results to the complaints service feedback and report the complainant.

    To provide intellectual property criminal acts the effective whistle-blower information and clues, and be rewarded by the complaints services.

    26th an intellectual property case management Department finds that have been accepted by belonging to the jurisdiction of other departments, should transfer the relevant material, within 5 working days to have jurisdiction over the Department, and to inform the service complaints in writing; accept the Department shall timely referral of cases accepted, and within 5 working days after the case concluded the result back to the complaints service and the reporting of the complainant. 27th management considers that intellectual property needs jointly with other relevant departments to carry out law enforcement, but law enforcement collaboration memorandum was issued to the unit shows the basic circumstances of the case, and joint law enforcement requirements.

    Received a letter of collaboration departments shall make a written reply within 5 working days.

    28th an intellectual property management in the process of investigating violations of intellectual property rights, assumed the suspicion of intellectual property crime, shall transfer to the public security departments at the same level shall be subject to administrative punishment instead of criminal punishment.

    Intellectual property management departments of the public security departments in the handling of criminal cases infringing intellectual property rights consultation, should actively cooperate with, unless the case is a major and complex requires, shall, within 15 working days to issue a written opinion.

    Public security departments should cooperate with intellectual property management departments in accordance with law enforcement efforts to stop him in time, dispose of prejudice to the intellectual property management performance of official acts.

    Article 29th of intellectual property management in response to field requests for law enforcement assistance from related departments and should be actively coordinated, shall not be unreasonably refused and delay.

    Local enterprises or individuals encounter in the field of intellectual property rights infringement, for assistance in processing requests, intellectual property management Department shall provide legal advice and other services.

    Article 30th intellectual property management departments should earnestly perform their statutory duties, enhance the cooperation and coordination between departments, increase market involving intellectual property production, management, and supervision and management of the service.

    Intellectual property management departments shall develop enforcement of intellectual property rights and publicity programs and law enforcement accountability; law enforcement officers shall take the administrative permit law enforcement.

    31st an intellectual property management to investigate violations of intellectual property rights, shall exercise the following authorities, units or individuals shall cooperate with and assist may not obstruct or refuse:

    (A) asking the parties and witnesses;

    (B) record, measure, photograph, photography, sound recording, such as on-site inspection and investigation;

    (C) inspected and copied the parties of records, notes, financial records, contracts and other operating data and case-related files, drawings, data and other original documents;

    (D) approved by the Department head, registration and preservation of relevant and easily lost or difficult to obtain items:

    (E) other functions and powers prescribed by laws and regulations.

    The evidence should be kept secret, confidential intellectual property management Department and law enforcement personnel.

    32nd unit or individual has any of the following circumstances, finds within 3 years from the date shall not take government investment projects, shall participate in the procurement activities of the Government, not to participate in similar events in this city shall not be given Government incentives, financing or to grant them the honorary title:

    (A) counterfeit or infringing intellectual property rights constitute a crime;

    (B) counterfeiting or infringement of intellectual property rights is more than 2 times of administrative penalties;

    (C) the refusal to implement the force of judicial judgment or a decision of administrative handling of intellectual property rights;

    (D) other acts of counterfeiting or infringement of intellectual property rights have a major social impact.

    Article 33rd intellectual property management sector, relevant departments and their staff abuse their powers, neglect their duties, or engages in intellectual property work, administrative sanctions shall be granted by the competent authorities constitutes a crime, criminal responsibility shall be investigated according to law. 34th article of the regulations come into force on February 1, 2010.