Circular of the General Office of the China National Intellectual Property Administration on Issuing the Work Plan for Tightening Regulation of Patent Agency
Circular of the General Office of the China National Intellectual Property Administration on Issuing the Work Plan for Tightening Regulation of Patent Agency
Circular of the General Office of the China National Intellectual Property Administration on Issuing the Work Plan for Tightening Regulation of Patent Agency
Guo Zhi Ban Fa Yun Zi [2019] No.13
April 22, 2019
Intellectual property bureaus (intellectual property management departments) of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps; relevant departments of the intellectual property bureaus, all departments of patent offices, relevant entities directly under the intellectual property bureaus and relevant social organizations,
In order to thoroughly carry out arrangements made by the Central Committee of the Communist Party of China and the State Council for the reform of "streamlining administration, delegating powers and strengthening regulation, and improving services", carefully implement newly revised Regulations on Patent Agency and Administrative Measures for Patent Agency, comprehensively reinforce the regulation of patent agency, promote the sound development of the patent agency industry, build China into an intellectual property (IP) power house and impel the high-quality economic development, the Work Plan for Tightening Regulation of Patent Agency (the "Plan"), which has been formulated, is hereby issued for your careful implementation.
(Contact person and phone number: Promotion Department for Application of Intellectual Property Rights, 010-62083921 and 62086566)
Work Plan for Tightening Regulation of Patent Agency
The Plan is hereby formulated in order to thoroughly carry out arrangements made by the Central Committee of the Communist Party of China and the State Council for the reform of "streamlining administration, delegating powers and strengthening regulation, and improving services", carefully implement newly revised Regulations on Patent Agency and Administrative Measures for Patent Agency, comprehensively meet major task requirements for deepening the regulation of patent agency under the context of the "Internet Plus" set forth in the Circular of the General Office of the State Council on Issuing the Scheme on the Division of Major Tasks at Video and Telephone Conferences on Deepening Reform of "Streamlining Administration, Delegating Powers and Strengthening Regulation, and Improving Services" and Transforming Government Functions in China (Guo Ban Fa [2018] No.79), consolidate and improve the interim and ex post regulation of patent agency and impel the sound development of the patent agency industry.
I. General Requirements
1. Guiding thoughts. Be guided by Xi Jinping thoughts on socialism with Chinese characteristics for a new era, comprehensively implement guiding principles of the 19th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 19th Central Committee of the Communist Party of China, carefully carry out decisions and arrangements of the Central Committee of the Communist Party of China and the State Council, and pursuant to the Regulations on Patent Agency and the Administrative Measures for Patent Agency, transform regulation philosophy, innovate in regulation methods, transform from the emphasis on ex ante examination and approval to the emphasis on interim and ex post regulation, from passive regulation to active regulation and from the main application of regulation by traditional means to the emphasis on the regulation by information technology means, actively promote the regulation under "dual randomness and one publication" mode, build a fair and efficient interim and ex post regulation mechanism, promote development by regulation, and provide powerful support for comprehensively enhancing the governance capability of intellectual property rights.
2. Basic principles.
-- Lawful regulation. Actively impel the regulation according to laws and regulations, define regulatory duties of patent agency, regulate the discretionary scope and methods of supervision, inspection and regulation of law enforcement, and enhance the normalization of the regulation.
-- Active regulation. Actively promote the establishment of an active regulation mechanism, intensify the analysis, monitoring and examination of major fields and objects, intensify the active investigation and treatment of illegal and irregular behaviors, and practically give play to the deterrent role of regulation.
-- Collaborative regulation. Strengthen the coordination about the regulation, establish and perfect a trans-department and trans-regional synergistic and joint regulation mechanism, consolidate the coordination and linkage of the regulation of patent agency with patent examination, law enforcement and application, and enhance regulation efficiency.
-- Intelligent regulation.
......
Guo Zhi Ban Fa Yun Zi [2019] No.13
April 22, 2019
Intellectual property bureaus (intellectual property management departments) of all provinces, autonomous regions, municipalities directly under the Central Government and the Xinjiang Production and Construction Corps; relevant departments of the intellectual property bureaus, all departments of patent offices, relevant entities directly under the intellectual property bureaus and relevant social organizations,
In order to thoroughly carry out arrangements made by the Central Committee of the Communist Party of China and the State Council for the reform of "streamlining administration, delegating powers and strengthening regulation, and improving services", carefully implement newly revised Regulations on Patent Agency and Administrative Measures for Patent Agency, comprehensively reinforce the regulation of patent agency, promote the sound development of the patent agency industry, build China into an intellectual property (IP) power house and impel the high-quality economic development, the Work Plan for Tightening Regulation of Patent Agency (the "Plan"), which has been formulated, is hereby issued for your careful implementation.
(Contact person and phone number: Promotion Department for Application of Intellectual Property Rights, 010-62083921 and 62086566)
Work Plan for Tightening Regulation of Patent Agency
The Plan is hereby formulated in order to thoroughly carry out arrangements made by the Central Committee of the Communist Party of China and the State Council for the reform of "streamlining administration, delegating powers and strengthening regulation, and improving services", carefully implement newly revised Regulations on Patent Agency and Administrative Measures for Patent Agency, comprehensively meet major task requirements for deepening the regulation of patent agency under the context of the "Internet Plus" set forth in the Circular of the General Office of the State Council on Issuing the Scheme on the Division of Major Tasks at Video and Telephone Conferences on Deepening Reform of "Streamlining Administration, Delegating Powers and Strengthening Regulation, and Improving Services" and Transforming Government Functions in China (Guo Ban Fa [2018] No.79), consolidate and improve the interim and ex post regulation of patent agency and impel the sound development of the patent agency industry.
I. General Requirements
1. Guiding thoughts. Be guided by Xi Jinping thoughts on socialism with Chinese characteristics for a new era, comprehensively implement guiding principles of the 19th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 19th Central Committee of the Communist Party of China, carefully carry out decisions and arrangements of the Central Committee of the Communist Party of China and the State Council, and pursuant to the Regulations on Patent Agency and the Administrative Measures for Patent Agency, transform regulation philosophy, innovate in regulation methods, transform from the emphasis on ex ante examination and approval to the emphasis on interim and ex post regulation, from passive regulation to active regulation and from the main application of regulation by traditional means to the emphasis on the regulation by information technology means, actively promote the regulation under "dual randomness and one publication" mode, build a fair and efficient interim and ex post regulation mechanism, promote development by regulation, and provide powerful support for comprehensively enhancing the governance capability of intellectual property rights.
2. Basic principles.
-- Lawful regulation. Actively impel the regulation according to laws and regulations, define regulatory duties of patent agency, regulate the discretionary scope and methods of supervision, inspection and regulation of law enforcement, and enhance the normalization of the regulation.
-- Active regulation. Actively promote the establishment of an active regulation mechanism, intensify the analysis, monitoring and examination of major fields and objects, intensify the active investigation and treatment of illegal and irregular behaviors, and practically give play to the deterrent role of regulation.
-- Collaborative regulation. Strengthen the coordination about the regulation, establish and perfect a trans-department and trans-regional synergistic and joint regulation mechanism, consolidate the coordination and linkage of the regulation of patent agency with patent examination, law enforcement and application, and enhance regulation efficiency.
-- Intelligent regulation.
......