The Action Plan for Building a High Standard Market System has been issued recently, which provides a clear action guide for China to promote the construction of a high standard market system in the next five years. The Plan puts forward 51 specific measures from five aspects: basic system, factor market, environmental quality, market opening and market supervision.
Among them, the relevant deployment of intellectual property is extracted as follows:
II. Consolidate the basic institution of market system
(1) Comprehensively improve the system of property rights protection
1. Improve the legal system of equal protection of property rights. Promote the implementation of the Amendment to the Criminal Law (11th), implement the provisions on cracking down on crimes related to infringement of property rights and interests by employees of non-public enterprises, and strengthen the criminal protection of property rights of non-public economy. Promulgate and implement the provisions on the trial of administrative cases of patent granting and confirmation. Improve the supporting laws and regulations related to the Patent Law, Copyright Law. Further refine and improve various systems of state-owned property rights trading. Comprehensively clean up laws and regulations on the differential treatment of economic property rights under different ownership systems.
3. Strengthen the protection of intellectual property rights. Promote the implementation of the provisions on the application of law in the trial of civil cases of infringement on trade secrets, and promulgate the provisions on the application of law in the trial of civil cases for patents involving drug listing review and approval. Formulate and promulgate the interpretation on the application of laws of punitive damages for intellectual property infringement, and strictly implement the punitive damages system for malicious infringement, long-term continuous infringement, trademark infringement and other acts. Explore the establishment of rapid response mechanism of intellectual property infringement. Formulate and revise the departmental rules including the administrative measures for trademark agency, the provisions for the protection of geographical indication products, the measures for the protection of official symbol. Study and formulate rules for the protection of intellectual property rights in the fields of pharmaceutical patent protection and cross-border e-commerce, and compile and issue guidelines for the protection of intellectual property rights of enterprises and guidelines of various countries for the protection of intellectual property rights. Optimize the application and examination procedures of patent, trademark, etc., improve the efficiency of examination, and reduce the examination time period. Establish and improve the evaluation and management system of intangible assets such as patents and trademarks.
III. Promote efficient allocation of factor resources
(7) Develop factor market of knowledge, technology and data
20. Innovate the transformation mechanism promoting scientific and technological achievements. Formulate and issue opinions on improving the evaluation mechanism of scientific and technological achievements and promoting the transformation of scientific and technological achievements, and enhance the market-oriented allocation ability of technological factors. Revise and issue the rules for the recognition of technology contracts and the measures for the registration of scientific and technological achievements, and strengthen the standardized management of technology contracts and scientific and technological achievements. Improve the national technology transfer system, cultivate and develop national technology transfer institutions, establish a national personnel training system of technology transfer, and improve the professional service capabilities of technology transfer personnel, such as technology evaluation and screening, intellectual property operation, and commercializing consultation.
21. Improve the property right system of service achievements of science and technology. Carry out pilot projects to give scientific researchers the ownership or long-term use right of their service scientific and technological achievements, and explore a new incentive mode for the property rights of their scientific and technological achievements. Timely summarize the pilot experience, improve the incentive policy for the transformation of job-related scientific and technological achievements and the rights and interests sharing mechanism for scientific researchers' service invention achievements.
23. Set up trading institutions for intellectual property and scientific and technological achievements. Support China Technology Exchange, Shanghai Technology Exchange, Shenzhen Stock Exchange and other institutions to build national property trading institutions for intellectual property and scientific and technological achievements, carry out nationwide intellectual property transfer, licensing and other operational services, and accelerate the development of technology trading services.
IV. Improve market environment and quality
(8) Improve the quality of goods and services
26. Further play the leading role of the brand. Strengthen the registration and protection of trademarks of agricultural products and geographical indications. Well organize activities of China Brand Day, improve the administration system of collective trademark and certification trademark registration, and create a number of regional brands with distinctive characteristics, strong competitiveness and good market reputation.