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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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Several provisions for the promotion of intellectual property in Vilhan City

(Summit No. 87th ordinary meeting of the Government of the Republic of Vavuhan, 26 October 2009, considered the adoption of the Decree No. 204 of 15 December 2009, No. 204 of the Order of the People's Government of Vilhan, which came into force on 1 February 2010)

Article 1 further enhances the creation, application, protection and management capacities of intellectual property in my city, in accordance with the relevant intellectual property law, legislation and the national intellectual property strategy framework, in line with the actual practice of this city.

Article 2

The Government of the commune set up specialized incentives for intellectual property, such as the Invention of patent awards, the Excellence Design Award, the Criteria Award, and the Standard Award, to encourage the creation and application of intellectual property.

Article III establishes a mechanism for the work of intellectual property involving intellectual property, such as patents, trademarks, copyrights, plant new varieties, geographical marks, morphology and hydro designs, as well as development reform, economic and informationization, science and technology, commerce, culture, public safety, etc., which regularly examines and addresses important issues in the work of intellectual property rights and is assumed by the ESI.

Article IV. The Government of the communes has established an intellectual property right for funding and encourages the entrepreneurship units to apply for patents, registration of trademarks, new plant varieties, geographical symbols, ventilation design and copyright registration. Funding remains a significant increase every year.

Article 5 encourages businesses to enter into a unit with intangible assets in intellectual property, with the largest percentage of registered capital in intellectual property.

The R&D costs of the entrepreneurship unit can be calculated as intangible assets in accordance with 50% of the intangible asset cost.

Enterprises are encouraged to achieve market value of intellectual property, including through the transfer of intellectual property, licence, detention. The proceeds of the transfer, licence and implementation of intellectual property are granted under the relevant provisions.

Article 6

Article 7. The use of policies such as finance, finance and investment to guide corporate ownership of the intellectual property industry. The management of intellectual property should be supported by research and development, technology adaptation projects that have an autonomous intellectual property or generate autonomous intellectual property in the course of research and development.

For market prospects, technological advanced patents projects, or for the acquisition of local high-school patent technologies and local implementation, the intellectual property management provides adequate financial support.

To support the transformation of patent technology into national standards, standards such as international standards.

Support for the development of cultural industries such as the publication of the media, software development, and the production of trajectory. Companies are encouraged to attach importance to copyright registration and free registration of good works that reflect the cultural heritage of the city.

Article 8.

Article 9 supports the creation of job invention mechanisms for participation. The unit granted the patent right shall, within the period of effectiveness of the patent right, draw less than 5 per cent per annum from the tax on profits derived from the invention or the use of new types of patents, or less than 2 per cent after the application of the tax of profit earned on the design of the patent, be paid to the inventor or designr or, in the light of the above ratio, a lump-sum or designer, may also agree with the inventor or designer.

The transfer of units granted patent rights or the licence of others to impose their patents shall be paid to inventors or designers for a period of three months after receipt of the transfer or licence fee.

Article 10 establishes a public information platform on intellectual property to provide information on intellectual property for new retrievals of corporate intellectual property, key technical orientations, patent databases, intellectual property strategy studies, etc., and to establish an intellectual property demonstration platform, through government guidance, to develop an information-efficient, transaction-active and orderly intellectual property market.

Article 11 strengthens the development and introduction of intellectual property talents. The establishment of a talent training base for intellectual property in high schools in the Toavuhan region to promote the development of specialized talents, such as IEA administration, enterprise intellectual property management, intellectual property brokering services, and the active development and introduction of experienced international intellectual property, and the high level of pooled talent capable of responding to international intellectual property.

Article 12 establishes a mechanism for the intellectual property of major scientific and technological projects focusing on strengthening intellectual property management at all stages of the management of scientific and technical programmes such as project declaration guidelines, project contracts, project assessment receipts.

Article 13. The intellectual property management should strengthen research, monitoring, such as the development of intellectual property in priority industries, enterprises, products and focus areas, and make it public and early warning in accordance with the relevant provisions.

Article XIV establishes and improves the consideration of intellectual property rights in major economic activities. The major economic activity projects in this city relate to intellectual property, and the relevant approval authorities should identify project intellectual property evaluation reports submitted by the project's application unit and, if necessary, the views of the intellectual property management. Specific approaches are implemented in accordance with the relevant provisions of the Government.

Article 15 prohibits the use of goods, construction and services that take or violate the intellectual property of others in government procurement activities; suppliers should commit in writing to the legitimate and effective intellectual property of the goods, construction and services they provide.

It is known or should be aware that the supplier provides the goods, construction and service breaks or violates the intellectual property rights of others, which are still procured, and that the responsibility of the person concerned is in accordance with the relevant provisions.

Intellectual property management should prepare a directory of government procurement for autonomous intellectual property products and services with the relevant sectors and inform society.

Article 16 establishes a mechanism for the protection of intellectual property outside the country to strengthen research, prevention and response to protection from intellectual property.

The intellectual property management and the business sector should guide the process of importing or accepting the commissioning of the material(s), importing raw materials or introducing offshore technology projects involving the intellectual property of the exporting State, comply with the protection provisions of overseas intellectual property, avoid the introduction of invalid, invalid or products or technologies that violate the intellectual property of others; and conduct, in the case of export products abroad or technical trade, the timely retrieval of intellectual property in the country or area concerned and avoid violations of the intellectual property of the importing State.

Article 17 The intellectual property management and the business sector should guide business enterprises in the establishment of a sound intellectual property management system that enhances the awareness and capacity of enterprises to protect themselves.

The business and the provision of services involving intellectual property should require the supplier to submit and verify the legal documents of the goods, the intellectual property involved in the service, and to register in the goods file, avoid the sale, provision of false or infringed the goods or services of another intellectual property.

Article 18 The intellectual property management and the business sector should lead service providers and contractors to establish a sound intellectual property protection regime.

The outsourced lender and the contractor should make a clear agreement on issues relating to the attribution, protection, technical secret protection of intellectual property in the service outsourcing process and fulfil their respective obligations to protect intellectual property.

Article 19 establishes an intellectual property protection regime. The authorities of intellectual property should be stationed in intellectual property reporting complaints, advisory services, sponsored by the Government or the Government. In the event of a break or violation of intellectual property during the exhibition event, the intellectual property management should be promptly checked by law and the offices should be synchronized.

The Excellence shall agree on the protection provisions of intellectual property in an interview contract with the participant, require that the owner commits the products or technology involved in its exhibition to be lawful and that the intellectual property of others is not infringed; in violation of commitments or the provision of false commitments, the office may remove its membership. The Excellencies should require the participation of the lender to register and disclose the intellectual property involved in the exhibition project.

Article 20 should guide advertising owners, advertising operators, advertising publishers to establish a verification regime that is conducive to the advertisement of intellectual property under the law. The content of the intellectual property covered by the advertisements is incomplete or the document is not sufficient, and the licensor may not provide design, production, representational services and the advertisingr shall not be issued.

Article 21 Intellectual property management should strengthen the development, direction and supervision of brokering services such as intellectual property representation, counselling, identification, assessment and evaluation, and regulate their functioning in accordance with the law.

The intellectual property management may publish, with the relevant authorities, a list of the intellectual property brokering services established by law and receive social oversight.

Article 2

Article 23 should establish an authentication of intellectual property by the intellectual property administration and document the following:

(i) Administrative penalties which have legal effect, facts of violations confirmed by administrative treatment decisions and results of treatment;

(ii) Facts of violations and findings of the legal effect of judicial decisions and arbitration instruments;

(iii) The results of the correction of members of the Association for the Protection of Industrial Aspects of Intellectual Property, in accordance with the statute of the Association;

(iv) Other needs to be recorded.

The intellectual property management may communicate the relevant contents of the authentication file to the relevant bodies for inclusion in the enterprise or in the personal crediting system, in accordance with the relevant provisions.

Article 24 establishes an intellectual property rights assistance service agency, organized by its social intermediary service institutions, research institutions, social groups, providing intellectual property rights assistance to citizens, legal persons and other organizations of the present city who are economically difficult or disadvantaged; and provides the necessary intellectual, financial assistance to citizens, legal persons and other organizations outside the present city.

Article 25 establishes a body for the protection of intellectual property reporting complaints services (hereinafter referred to as complaints services) and is reported by it in a uniform manner.

The complaint services should be transmitted within five working days to the appropriate intellectual property management after having received a complaint, and the intellectual property management shall take a decision to be admissible or inadmissible within five working days. Inadmissibility of the decision should be justified; in the case of the decision, the results should be processed within five working days after the closing of the complaint, feedback to the complaints service agencies and the complainant.

The reportingers providing effective information and ssoto for offences committed by intellectual property are rewarded by the complaint services.

Article 26 Management of intellectual property found that the cases before it were under the jurisdiction of other departments should be transferred to a competent department within five working days and communicated in writing to the complaints service agencies; the sectors to which the transfer was to be received in a timely manner and, within five working days after the completion of the case, the results of the proceedings were feedback to the complaints services and the complainants.

Article 27 is of the view that joint law enforcement with other relevant departments may be required by the intellectual property administration to send a letter of law enforcement collaboration to the unit on the basic circumstances of the case and relevant requirements for joint law enforcement. The sectors that received collaborative letters should respond in writing within five working days.

In the course of the investigation of the offences of intellectual property, the intellectual property administration considers that the alleged offence of intellectual property should be transferred to the same public security sector and that criminal punishment should not be replaced with administrative penalties.

The authorities of intellectual property should actively cooperate with the public security sector in the process of dealing with cases of violations of intellectual property and should have written observations within 15 working days, in addition to the merits and complexity.

The public security sector should work in accordance with the law in cooperation with the intellectual property administration in order to put an end to, and dispose of, interference in the exercise of public duties by the intellectual property administration.

Article 29, when law enforcement assistance requests are received from the relevant sectors of the field, should be collaboratively and without undue refusal and delays.

Local enterprises or individuals face abuse of intellectual property in the field and propose assistance to deal with requests, and intellectual property management should provide legal advice.

Article 33

Intellectual property management should establish and disclose a system of accountability for law enforcement and law enforcement in accordance with the law; law enforcement officials should have administrative law enforcement certificates.

Article 33 of the law governing the investigation of an offence of intellectual property by the intellectual property administration and the exercise of the following functions by law, which shall be cooperated, assisted or denied:

(i) Inquiring parties and witnesses;

(ii) Conduct on-site surveys, surveys, including records, measurements, photographs, cameras, audio recordings;

(iii) Provide access to, replication of operational records of the parties, instruments, financial books, contracts, and original vouchers, such as case-related files, books, information;

(iv) Registration, with the approval of the head of the sector, of items that are easily disappeared or difficult to obtain in relation to cases:

(v) Other mandates provided for by law, regulations.

For evidence that should be confidential, the intellectual property management and its law enforcement personnel have a confidential obligation.

Article 32, which is one of the following cases, shall not be subject to Government investment projects within three years from the date of their determination, shall not participate in governmental procurement activities and shall not be allowed to participate in the same exhibition activities in this city, nor shall it grant its Government incentives, funding or award its honour to the honour of the name:

(i) The risky or violation of intellectual property constitutes an offence;

(ii) Save or infringe on intellectual property subject to more than two administrative penalties;

(iii) To reject the implementation of the judicial decision instrument on intellectual property that has entered into force or the administrative handling of decisions;

(iv) Other spikes or violations of intellectual property have a major social impact.

Article 33 Abuse of authority, negligence, infrastructural fraud by intellectual property management, relevant departments and their staff in the work of intellectual property, is subject to administrative disposition by the competent authorities; constitutes an offence punishable by law.

Article 34, paragraph 1, of the present article is implemented effective 1 February 2010.