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Hangzhou Service Outsourcing, Intellectual Property Protection Provisions

Original Language Title: 杭州市服务外包知识产权保护若干规定

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Protection of a number of provisions in the area of outsourcing of intellectual property in the State of Alejane

(Adopted by the 46th ordinary meeting of the People's Government of the State of Alejane on 4 September 2009, No. 256 of 23 September 2009, issued as from 1 November 2009)

Chapter I General

Article I, in order to strengthen the outsourcing of intellectual property protection in the city, optimize the investment and development environment in the outsourced industries of services and promote the development of the outsourced industry, in accordance with the relevant legal regulations, and develop this provision in conjunction with the current city.

Article 2

Article 3 provides for the outsourced operation of services referred to in this Article, which means that enterprises provide services such as IT outsourced services to other enterprises, institutions, organizations, individuals through contracts.

This provision refers to contracting parties that provide outsourced services in accordance with their contracts with service providers.

Article IV protects outsourced intellectual property in favour of the creation, scientific management, integrity and the principle of equal protection.

Article 5. The Government of the city has established the Leading Group on Intellectual Property, which is responsible for the development of rules for the protection of intellectual property in the service of outsourcing, the study of basic policies for the protection of intellectual property in the service of outsourcing and the coordination of important matters in the protection of intellectual property in the city's services.

The municipal intellectual property leadership group consists of the executive branch of the city's science and technology (intellectual property), public safety, business, public information publication, foreign trade, finance, quality, government rule of law, informationization.

Article 6

(i) Integrated coordination and organization of work on the protection of intellectual property in the outsourced industries of services across the city;

(ii) Organizing out-of-service enterprises to carry out intellectual property advocacy training to guide service outsourced enterprises in the establishment and sound intellectual property protection system;

(iii) To receive complaints of violations of intellectual property by outsourced services and reports of violations of the law, and to establish information-sharing and case-line transmission mechanisms in the relevant inter-offices;

(iv) The establishment, maintenance of a comprehensive information bank for law enforcement in outsourced intellectual property;

(v) Coordinate the transfer of law enforcement cases and organize joint investigations into major cases;

(vi) Other work undertaken by the Leadership Group on Intellectual Property.

Article 7. The Association of Services Outsourced Industries should play a coordinating role for industry representatives, industry self-regulation, industry services and industry, regulating the operation of outsourced enterprises, safeguarding the legitimate rights and interests of outsourced enterprises and promoting industrial health development. In the area of intellectual property protection, the Association of Services outsourced industries undertakes the following tasks:

(i) To guide the establishment of a system of protection of intellectual property for outsourced enterprises;

(ii) Intellectual property disputes arising from the outsourced industries of mediation services;

(iii) The establishment of an intellectual property integrity archives for outsourced enterprises and associated individuals;

(iv) Members who violate intellectual property are duly punished in accordance with the statute and include corrections in the authenticity files.

Chapter II

Article 8. The outsourced service provider and the contractor shall establish a system for the protection of intellectual property, establish an intellectual property authority, with dedicated or part-time staff responsible for the protection of intellectual property.

Article 9. The outsourced service provider and the contractor shall make a clear agreement on matters relating to the attribution, protection of intellectual property in the course of the service outsourcing process and fulfil their respective obligations to protect intellectual property.

Article 10 The outsourced service provider and the contractor should be guided by the principle of good credit and the obligation to maintain confidentiality on known commercial secrets after the conclusion of the contract, the implementation phase and the termination of the contract. A party's disclosure or unwarranted use of commercial secrets has caused losses to the other party and should be legally responsible for the corresponding legal responsibility.

Article 11 was commissioned by the Government of the urban, district, and district (community) and its sectors, whose intellectual property was attentive in the project contract. There was no clear agreement with the licensed enterprise.

Article 12

(i) Registration of works of their unique nature in accordance with the relevant provisions of the author's protection management;

(ii) To register the software developed in accordance with the relevant provisions of the computer software protection and the registration of computer software rights;

(iii) In accordance with the relevant provisions for the protection and management of business enterprises in the province of Zangang Province, the Chamber of Commerce and Industry Administration has applied for the identification of the Zangan Eminent;

(iv) To apply for the identification of trademarks contrary to the trademarks, the identification and protection of the relevant provisions and the relevant provisions of this city, the designation of a trademark, a prominent trademark in the province of the province or a prominent trademark in the State;

(v) In accordance with the relevant provisions of the State and the Zangi Province, apply for the identification of China's brand products or for the name of the Zangi;

(vi) To apply for patents for invention, practical new and outgoing purposes, in accordance with the provisions of the relevant legal regulations, and to apply for the use of patent-specific funds in accordance with the specific funding management provisions of the Zangger, the municipality of Alejane;

(vii) Protection of their intellectual property in accordance with other legal provisions.

Article 13. Business outsourced services should identify confidential positions, implement confidentiality responsibilities, undertake visits to computers, networks, servers and related equipment and take security-protection measures such as computer, network management, competency creation, use of correctional software and safety protection software.

Services outsourced enterprises should strengthen the protection of commercial secrets, develop and implement systems such as the filing, preservation, access, reproduction and destruction of commercial secret files, and take technical confidential preventive measures to enhance the management of commercial secret places.

Article 14. Business outsourced services should establish a confidentiality system, strengthen confidential discipline education, provide the necessary training for the personnel concerned, and require staff or business-related secrets, including through a confidential agreement.

Confidential agreements may agree on the length of confidentiality, the amount of confidential expenses and the manner in which they are paid. During the period of confidentiality, staff and business-related persons have confidential obligations, except that commercial secrets have been made public. Confidential agreements do not agree on the duration of confidentiality and the duration of the period of stay of business secret.

Article 15. A service outsourcing enterprise may enter into a competition limitation agreement with staff who know to be commercial secrets. The competition limitation agreement includes the following key elements:

(i) The scope, geographical scope, duration and duration of the competition industry limitation;

(ii) The amount of compensation and the method of payment;

(iii) Liability for default;

(iv) Other matters requiring agreement.

Article 16 arises in cases of outsourced intellectual property disputes, which may be resolved by the parties in consultation or by requesting the relevant administration to be treated in accordance with the law, or by direct prosecution to the competent People's Court. In advance or after the conclusion of an arbitration agreement, the parties shall apply to arbitration bodies.

Chapter III Administrative enforcement measures

Article 17 infringes commercial secrets in outsourced operations, and the right may request a competent business administration. The business administration sector is governed by the laws and regulations such as the People's Republic of China Anti-Affordable Competition Law.

The right to trade is violated in the outsourced operations of article 18, and the right may request a competent business administration. The business administration sector is governed by laws such as the Trademarks Act of the People's Republic of China, the Commercialmark Law Enforcement Regulations.

The owner of the service outsourced operation considered that it was contrary to the name of the trademark to be registered as an enterprise and could be misleading or misleading to the public and could apply for the registration of the name of the enterprise. The enterprise name registration authority shall be processed in accordance with the laws and regulations relating to the registration of corporate names.

Article 20 Violations of patent rights or the right to leave patents in outsourced operations, or the owner may request competent patent work management. The patent-working management should be treated in accordance with the legal regulations relating to patent protection.

Article 21 violates the right to work and undermines the public interest in the outsourced operations of the service, and the rights of the owner may request the competent author's executive branch. The executive branch with jurisdiction is governed by laws such as the Right to Publications Act of the People's Republic of China, the computer software protection regulations.

The administrative management responsible for the administration of law enforcement in intellectual property should make available information, such as their respective jurisdiction, case standards, law enforcement procedures, enforcement time frames, to society.

Article 23, the Office of the Leadership Group on Intellectual Property, established a mechanism for the harmonization of complaints of violations of intellectual property in the service of outsourced intellectual property and reports of violations of the law, and, within three working days of the date of receipt, transferred complaints or reports to competent administrative authorities.

The administrative management responsible for the administration of law enforcement in intellectual property should establish a mechanism for the soundness of complaints of violations of their intellectual property and for the processing of reports of violations of the law, which will regularly inform the office of the Leadership Group on Intellectual Property.

Article 24 Administrative management responsible for the administration of law enforcement in intellectual property should be strengthened by identifying law enforcement cases involving intellectual property subject to the jurisdiction of other administrations, which should be communicated within three working days.

Article 25 has jurisdictional administrative authorities should decide on a case within seven working days after the discovery of an offence of intellectual property or the receipt of a complaint, reporting and other administrative authorities. Special cases should be decided within 15 working days.

After the administrative sector case, it was found that the case was under the jurisdiction of other administrations, and that the case should be transferred to other administrative departments and that the administrative management transferred should be treated by law.

Article 26 provides for outsourced law enforcement cases for services handled by the general process, and the administration should take a decision within ninety days from the date of the successful case; the complexity of the case cannot be taken within the prescribed time period, with the approval of the competent executive head of the competent authority, for a period of 30 days.

The time of hearing, notice and identification in the course of the case is not taken into account in the case referred to in the previous paragraph.

Article 27, in cases where the law should be transferred to public security organs, suspected of being outsourced intellectual property offences, should be transferred to public security authorities in a timely manner. Public security authorities should be treated in accordance with the provisions and will address the results to the transfer sector. Cases in which the executive branch determines no cases for public security authorities should be dealt with by law.

The public security authorities have found that the cases of abuse of intellectual property in the receiving service are governed by other administrations and should be transferred and made available in a timely manner. Other administrative departments should receive feedback from public security authorities.

Article 28 should include information on cases in an integrated information bank for law enforcement in intellectual property within seven days of the completion of law enforcement cases.

Article 29 should establish a network of outsourced intellectual property police units to service outsourced businesses in cases of investigation, legal advice, advocacy training, early warning.

Article 33 Abuse of authority, negligence, provocative fraud by staff in the administration sector, accountability by their units or superior administrative authorities, inspection bodies are held in accordance with the law, and constitutes a crime and is criminally criminally liable by the judiciary.

Chapter IV

Article 31 provides the necessary support for the improvement of the intellectual property management system, the effectiveness of intellectual property protection or the outsourcing of enterprises through the relevant international certification services.

Article 32 encourages service-contracting enterprises to have autonomous intellectual property. Projects to obtain patent rights, other intellectual property or industrialization of technical results for outsourced enterprises in services are funded in accordance with the relevant provisions of the municipal government and include intellectual property projects that are important social benefits or economic benefits in service outsource operations in the Government's incentive.

Article 33 Governments encourage the implementation of branding strategies for service outsourced enterprises. The development of export brands for service outsourced enterprises is in line with the relevant provisions of the State and the city and can benefit from the preferential policy of export brand development funds arranged by the Foreign Trade Development Fund.

Article 34 is one of the following conditions in the service outsourced business, and the Government of the city, district, district (market) and its sectors shall not grant incentives, financing or award Honours:

(i) Violations of intellectual property constitute offences;

(ii) Violations of intellectual property subject to administrative penalties;

(iii) To reject the implementation of the decisions of the judicial, arbitral or administrative handling of intellectual property already in force;

(iv) Other violations of intellectual property have a significant social impact.

Chapter V

Article 33 XV provides for implementation effective 1 November 2009.