Regulations of Beijing Municipality on Intellectual Property Protection
Announcement of the Standing Committee of Beijing Municipal People’s Congress
[15th] No.72
The Regulations of Beijing Municipality on the Protection of Intellectual Property Rights, adopted at the 38th meeting of the Standing Committee of the 15th Beijing Municipal People’s Congress on March 31, 2022, is hereby promulgated and shall come into force as of July 1, 2022.
Standing Committee of the 15th Beijing Municipal People’s Congress
March 31, 2022
Regulations of Beijing Municipality on Intellectual Property Protection
(Adopted at the 38th meeting of the Standing Committee of the 15th Beijing Municipal People’s Congress on March 31, 2022)
Catalogue
Chapter I General Principles
Chapter II Administrative Protection and Judicial Protection
Chapter III Social Co-governance
Chapter IV Promotion and Service
Chapter V Pluralistic Mediation of Disputes
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Principles
Article 1 In order to strengthen the protection of intellectual property rights, stimulate innovation and create vitality, build an area with the best intellectual property rights, support and promote the construction of international scientific and technological innovation centers and national cultural centers, and serve and promote the high-quality economic and social development of the capital, these Regulations are formulated in accordance with relevant laws and administrative regulations and in light of the actual situation of this Municipality.
Article 2 These Regulations shall apply to the protection of intellectual property rights and related activities within the administrative area of this Municipality.
Article 3 This Municipality shall protect the intellectual property rights enjoyed by the obligee with respect to the following objects according to law:
(1) works;
(2) inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.
Article 4 This Municipality advocates the intellectual property cultural concept of respecting knowledge, advocating innovation, being honest and abiding by the law, and fair competition, strengthens knowledge popularization and cultural propaganda, enhances the awareness of intellectual property protection in the whole society, and creates a humanistic social environment conducive to promoting the high-quality development of intellectual property.
This Municipality publishes a white paper on the protection of intellectual property rights every year to publicize the protection of intellectual property rights in this Municipality.
Article 5 The protection of intellectual property rights in this Municipality adheres to the principles of comprehensiveness, strictness, rapidity and equality, and builds an intellectual property protection pattern of administrative supervision, judicial protection, industry self-discipline, social supervision, public service and dispute mediation, and improves the intellectual property protection system with perfect system, efficient operation, scientific management and optimized service.
Article 6 The municipal and district people’s governments shall strengthen their leadership over the protection of intellectual property rights, incorporate the protection of intellectual property rights into national economic and social development plans, formulate intellectual property development strategies, plans and plans, ensure the investment of intellectual property development funds, and incorporate the protection of intellectual property rights into the business environment and high-quality development evaluation system.
The municipal and district people’s governments shall establish and improve the system of intellectual property office meetings, coordinate and promote major issues in intellectual property work, coordinate and solve key and difficult issues, and urge the implementation of relevant intellectual property policies and measures.
Article 7 The intellectual property department shall be responsible for the overall coordination of intellectual property work and promote the construction of the intellectual property protection system.
The intellectual property department and the market supervision and management department are responsible for the management of patents, trademarks, geographical indications, trade secrets and other protection in accordance with the division of responsibilities; Copyright, culture and tourism departments are responsible for the management of copyright protection in accordance with the division of responsibilities; Agriculture, rural areas and landscaping departments are responsible for the management of the protection of new plant varieties in accordance with the division of responsibilities.
Development and reform, science and technology, economy and informatization, finance, radio and television, commerce, education, human resources and social security, financial supervision and management, public security, judicial administration and other departments shall do a good job in intellectual property protection according to their respective responsibilities.
Article 8 Support enterprises, universities and scientific research institutions to explore new technologies, new industries, new formats and new modes of intellectual property management measures and protection modes such as mobile Internet, big data, artificial intelligence, quantum technology and cutting-edge biotechnology.
Support the exploration and innovation of intellectual property protection system, mechanism, policies and measures under the authorization of the state in the construction of the national service industry expansion and opening-up comprehensive demonstration zone, China (Beijing) Pilot Free Trade Zone and Zhongguancun National Independent Innovation Demonstration Zone.
Article 9 This Municipality strengthens the regional cooperation of intellectual property protection in Beijing, Tianjin and Hebei, carries out the work of case clue transfer, investigation and evidence collection, assistance in execution and joint law enforcement, shares resources such as expert think tanks and service agencies, and promotes information exchange, mutual assistance in law enforcement, supervision and interaction, and mutual learning of experience; Strengthen cooperation with other provinces and cities in intellectual property protection.
Article 10 This Municipality shall expand open cooperation in the field of intellectual property rights, support overseas intellectual property service agencies and arbitration institutions to set up institutions and conduct business in this Municipality according to law, and promote the establishment of an international intellectual property trading and operation platform.
Eleventh individuals and units that have made outstanding contributions in intellectual property protection and related activities shall be commended and rewarded in accordance with the relevant provisions of the state and this Municipality.
Chapter II Administrative Protection and Judicial Protection
Article 12 Departments responsible for intellectual property protection and management, such as intellectual property rights, market supervision and management, copyright, culture and tourism, agriculture and rural areas, landscaping, etc. (hereinafter referred to as intellectual property protection and management departments) shall improve the cooperation platform for law enforcement, establish an online and offline rapid investigation mechanism for intellectual property infringement violations, and carry out remote and mobile real-time monitoring and monitoring; Focus on supervision and inspection of online platforms, exhibitions, large-scale markets, large-scale cultural and sports activities, and timely discover and investigate repeated infringement, malicious infringement, group infringement and other intellectual property infringement violations.
Thirteenth intellectual property protection administrative departments have the right to take the following measures when investigating suspected infringement and illegal acts:
(a) ask the relevant parties and investigate the relevant situation;
(two) to consult and copy the relevant information;
(three) to carry out on-site inspection of relevant places and articles;
(four) to seal up or detain the relevant places and articles according to law.
When the administrative department for intellectual property protection exercises the functions and powers prescribed in the preceding paragraph according to law, the parties concerned shall assist and cooperate, and shall not refuse or obstruct.
Article 14 The intellectual property protection agency established by the municipal intellectual property department or the people’s government of the relevant district provides intellectual property protection services through patent pre-examination, rights protection guidance and protection cooperation, and provides support for the rapid examination of patent applications in key national development industries and strategic emerging industries in this Municipality.
Article 15 The intellectual property department and the market supervision and management department shall strengthen trademark management, standardize the use of registered trademarks, and investigate and deal with violations of the exclusive right to use registered trademarks, malicious application for trademark registration, and illegal trademark agency business.
Sixteenth copyright, culture and tourism departments should strengthen the supervision of copyright infringement and formulate copyright protection measures to adapt to the network environment and digital economy.
The municipal copyright department shall establish an early warning system for copyright protection of key works, and strengthen supervision of key supervision websites determined by the national and municipal copyright departments; Improve the system of voluntary registration of works, and support natural persons, legal persons and unincorporated organizations to register works voluntarily.
Article 17 The market supervision and management departments shall guide the market participants to establish and improve the protection mechanism of trade secrets, and protect trade secrets by defining management rules, adopting technical measures, signing confidentiality agreements, conducting risk investigation and education and training.
Administrative organs, judicial organs, arbitration, mediation and other service institutions and their staff members shall have the obligation to keep confidential the business secrets they know in the course of performing their duties and providing services, and shall not disclose or illegally provide them to others.
Article 18 The administrative department for intellectual property protection shall, jointly with relevant departments, strengthen the intellectual property protection of traditional culture and Olympic symbols, and provide consultation and guidance for relevant patent applications, trademark registration, work registration and trade secret protection.
Article 19 The administrative department of intellectual property protection and other relevant departments shall protect intellectual property rights formed in data collection, storage, use, processing, transmission, provision and disclosure according to law, guide data processors to establish and improve the whole-process intellectual property management system, and strengthen the awareness of intellectual property protection.
Article 20 The municipal intellectual property department shall formulate guidelines for the protection of intellectual property rights in digital trade, guide market participants to understand the industrial policies, trade measures and technical standards of the target market, benchmark internationally accepted intellectual property protection rules, and do a good job in identifying and responding to intellectual property infringement risks in the whole industrial chain such as digital product manufacturing and sales.
Twenty-first units or individuals to overseas transfer of technology restricted by the state involves the transfer of intellectual property rights, the municipal departments of commerce, intellectual property rights, science and technology, agriculture and rural areas, landscaping and other departments shall conduct a review in accordance with the provisions.
If the merger and acquisition of enterprises in Beijing by foreign investors involves the external transfer of intellectual property rights, and the merger and acquisition falls within the scope of security review stipulated by the state, the municipal departments of intellectual property rights, copyright, agriculture and rural areas, landscaping and other departments shall cooperate with the relevant departments of the State Council to carry out the review.
Twenty-second any unit or individual has the right to complain and report violations of intellectual property rights to the administrative department of intellectual property protection.
The administrative department for the protection of intellectual property rights shall improve the handling mechanism for complaints and reports of violations of intellectual property rights, dock the 12345 citizen service hotline and its network platform, handle complaints and report clues in a timely manner, and feed back the results to complainants and informants according to regulations.
Article 23 The people’s courts shall improve the trial mechanism of intellectual property rights, implement the systems of punitive damages for intellectual property infringement and preservation of intellectual property behavior according to law, optimize the allocation of judicial resources, and improve the trial quality and efficiency of intellectual property cases.
Support judicial organs such as Beijing Intellectual Property Court and Beijing Internet Court to strengthen the construction of intellectual property trial function and play a professional trial role.
The people’s courts and people’s procuratorates should provide guidance for government departments and market players to improve their systems, strengthen management and eliminate hidden dangers by publishing typical cases, judicial protection and making judicial suggestions and procuratorial suggestions.
Article 24 People’s courts, people’s procuratorates and public security organs shall punish intellectual property crimes according to law, and intensify the punishment of chain-type and industrialized intellectual property crimes.
Twenty-fifth this city to improve the technical investigation officer system. People’s courts, people’s procuratorates, and intellectual property protection administrative departments may invite and hire relevant professional and technical personnel as technical investigators to handle intellectual property cases involving patents, computer software, layout design of integrated circuits, technical secrets, new plant varieties, etc., and put forward technical investigation opinions to provide reference for identifying technical facts.
Twenty-sixth people’s courts, people’s procuratorates and intellectual property protection and management departments should combine the characteristics of new technologies and improve relevant evidence rules.
Encourage parties to use electronic deposit technology such as time stamp and blockchain to obtain and fix evidence related to intellectual property protection.
Article 27 This Municipality shall establish and improve the linkage mechanism between administrative protection and judicial protection of intellectual property rights, and promote the transfer of intellectual property cases, clue notification and information sharing between the administrative department of intellectual property protection and the people’s courts, people’s procuratorates and public security organs.
Chapter III Social Co-governance
Twenty-eighth network service providers shall perform their obligations of intellectual property protection according to law, and abide by the following provisions:
(a) the establishment of intellectual property protection rules, clear network users’ intellectual property protection obligations, intellectual property governance measures, dispute resolution and other content;
(two) to take measures to prevent infringement in accordance with its technical ability, business scale and service type;
(3) Publicize the main channels for the obligee to submit the notice of infringement in a prominent position, and shall not restrict or restrict the obligee to submit the notice in disguised form by limiting the channels and times;
(four) timely publicity of the notice of infringement, the statement that there is no infringement and the results of the treatment.
Twenty-ninth exhibitions, exhibitions, expositions, fairs (hereinafter referred to as exhibitions) and other activities are held in this city. The organizers and contractors of exhibitions shall fulfill their obligations of intellectual property protection according to law and abide by the following provisions:
(a) to conduct pre-exhibition review of the intellectual property status of the participating projects, and urge the exhibitors to search the intellectual property status of the participating projects;
(2) Require the exhibitors to make a commitment that the participating projects will not infringe the intellectual property rights of others, and agree with the exhibitors on the procedures and solutions for handling intellectual property complaints;
(three) the establishment of the exhibition intellectual property complaints agency or designate a person responsible for accepting complaints, investigation and handling, and the relevant information of complaints, investigation and handling shall be submitted to the municipal intellectual property department after the exhibition.
Intellectual property rights holders or interested parties may complain to the organizers and contractors of the exhibition and provide proof of intellectual property rights if they think that the participating projects infringe their intellectual property rights; After investigation, the organizers and contractors of the exhibition preliminarily determine that the participating projects are suspected of infringement, and shall require the relevant exhibitors to take measures such as covering up and withdrawing the exhibition in accordance with the agreement.
Article 30 The organizers and contractors of large-scale cultural and sports activities shall strengthen the protection of intellectual property rights in accordance with the law, improve the authorization and cooperation mechanism and risk control mechanism of intellectual property rights, and standardize the use of intellectual property rights.
Article 31 This Municipality shall establish an intellectual property compliance commitment system. Units or individuals participating in government procurement, applying for government funds, participating in government awards and other activities shall make a commitment in writing that related products, services or projects will not infringe upon the intellectual property rights of others.
Market participants are encouraged to make commitments not to infringe upon the intellectual property rights of others in market activities such as trading, investment and cooperation, and to stipulate the responsibilities for violating the corresponding commitments.
Article 32 Trade associations, chambers of commerce, industrial intellectual property alliances and other organizations shall formulate intellectual property self-discipline conventions, strengthen self-discipline management, provide intellectual property policy research, publicity and training, personnel training, international exchange, collaborative creation and operation, monitoring and early warning, dispute mediation and other services, and punish members who commit intellectual property infringement internally.
Support copyright industry associations to provide services such as copyright digital authentication, electronic deposit certificate, maintenance and management, transaction circulation, etc. by using new technical means, and provide support for market participants to clarify the source of rights, reduce the cost of rights protection and improve the efficiency of use.
Article 33 This Municipality shall establish and improve the credit evaluation and disciplinary mechanism of intellectual property rights, and implement corresponding management and disciplinary measures for serious violations of law and dishonesty in the field of intellectual property rights according to law. The administrative department of intellectual property protection shall, in accordance with the law, share the relevant administrative punishment and other information to the public credit information service platform of this Municipality, and make it public.
Article 34 If an enterprise, institution or social organization fails to perform its obligations of intellectual property protection according to law, which causes adverse effects, the administrative department for intellectual property protection may interview its legal representative or principal responsible person to urge rectification.
Chapter IV Promotion and Service
Article 35 This Municipality shall establish a patent navigation system to analyze the patent information of key industries and fields, so as to provide guidance for macro decision-making, industrial planning, enterprise management and innovation activities.
Development and reform, science and technology, economy and information technology departments shall, jointly with the intellectual property department, improve the patent navigation mechanism, carry out patent navigation, regularly publish patent navigation results, and set up a database of patent navigation project results; Encourage enterprises, institutions of higher learning, scientific research institutions, etc. to carry out patent navigation by themselves or by entrusting professional service institutions, so as to provide basis and support for research and development, production and operation, and talent management.
The municipal intellectual property department shall guide and support the development of public welfare patent navigation tools and organize patent navigation training.
Thirty-sixth support enterprises, institutions of higher learning and scientific research institutions to set up industrial intellectual property alliances, build patent pools, and improve the ability of patent creation, utilization, protection and management.
Thirty-seventh support the development of copyright industry, the establishment of digital publishing quality library. Encourage enterprises in press, publication, radio, film and television to carry out the management and operation of copyright assets, form a development and operation model of the whole industry chain, and enhance the original vitality and transformation quality of content production.
Article 38 The intellectual property department shall, jointly with the commerce department, organize the implementation of the trademark brand strategy project, evaluate the development of trademarks, and guide market participants to cultivate trademark brands.
The intellectual property department shall, jointly with relevant competent departments, guide relevant organizations and enterprises to improve their technical standards, inspection and quality systems, support them to apply for the protection of geographical indication products, and protect geographical indications by means of registered certification trademarks and collective trademarks.
Article 39 This Municipality shall establish an intellectual property analysis and appraisal system for major economic and scientific activities. Development and reform, economy and informatization, science and technology, commerce and other departments shall, jointly with the intellectual property department, organize comprehensive analysis and evaluation of intellectual property rights for major economic and technological projects invested by the government to prevent and resolve intellectual property risks.
Fortieth support enterprises, universities and scientific research institutions to strengthen the construction of intellectual property management institutions, establish and improve the intellectual property management system covering all types and processes, and promote the integration of intellectual property rights with scientific and technological innovation, achievement transformation and industrial development.
Forty-first financial supervision and management, intellectual property and other departments to promote the establishment and improvement of intellectual property pledge financing risk sharing, loss compensation and quality disposal mechanism; Support commercial banks, guarantees, insurance and other financial institutions to provide financial services that meet the characteristics of intellectual property rights, expand the scale of intellectual property pledge loans under the premise of controllable risks, innovate financial products such as intellectual property insurance and credit guarantee, and provide financial support for the transformation, application and trading operation of intellectual property rights.
Support evaluation agencies and intellectual property service agencies to explore evaluation methods that meet the characteristics of intellectual property rights, carry out intellectual property value evaluation services, and provide reference for financial activities such as intellectual property pledge financing.
Article 42 The municipal and district people’s governments shall promote the construction of platforms such as intellectual property rights trading, digital copyright trading and international film and television animation copyright trading, and provide integrated services such as intellectual property rights registration, pricing trading, evaluation, operation transformation and financial services.
Article 43 Market entities are encouraged to set up equity investment funds to invest in existing core intellectual property rights and cutting-edge technologies with industry prospects and technological trends in strategic emerging industries.
Forty-fourth municipal and district intellectual property protection and management departments shall establish and improve the public service system for intellectual property rights, strengthen publicity and training, and provide legal advice, rights protection assistance, dispute mediation and other services free of charge, relying on public service centers and workstations for intellectual property rights.
The municipal intellectual property department organizes the formulation of public service lists, standards and processes, and announces them to the public; Regularly organize third-party organizations to evaluate the public service of intellectual property rights and improve the quality of public services.
The Municipal Intellectual Property Public Service Center organizes experts in industry, law and technology to set up a volunteer service team for intellectual property protection to provide professional volunteer services for small and medium-sized enterprises, innovation and entrepreneurship organizations and teams.
Article 45 This Municipality shall build a public information service platform for intellectual property rights, promote information sharing among intellectual property protection management departments, people’s courts, people’s procuratorates, trade associations and intellectual property service institutions, and provide public information inquiry, retrieval, consultation and other services for the society free of charge.
Encourage qualified institutions of higher learning and scientific research institutions to open intellectual property information service resources to the society.
Article 46 The municipal intellectual property department shall provide guidance on national intellectual property system, timely release risk warning information, establish overseas intellectual property dispute response guidance and rights protection assistance mechanism, and provide expert, information and legal support for handling overseas intellectual property disputes.
Encourage enterprises, industry associations and chambers of commerce to establish overseas intellectual property rights protection alliances, set up overseas rights protection assistance mutual funds, and improve overseas intellectual property risk prevention and dispute response capabilities.
Article 47 This Municipality promotes and standardizes the development of intellectual property service industry, and guides relevant industry associations to carry out classified evaluation; Cultivate international, market-oriented and professional intellectual property service institutions and support them to carry out intellectual property agency, consulting, investment and financing activities according to law; Encourage the development of high value-added intellectual property services.
Forty-eighth colleges and universities are encouraged to strengthen the training of intellectual property talents, offer intellectual property-related majors and courses, carry out intellectual property education, and train compound, applied and international intellectual property talents.
The city will incorporate intellectual property training into the vocational skills upgrading plan and expand the scale of intellectual property vocational training; Organize business training for relevant personnel engaged in intellectual property administration, justice, public service and scientific and technological innovation. Encourage and guide trade associations and chambers of commerce to carry out evaluation of the professional skills of intellectual property talents.
Chapter V Pluralistic Mediation of Disputes
Article 49 A party may apply to the intellectual property department for an administrative ruling on a patent infringement dispute according to law.
The municipal intellectual property department shall establish a linkage mechanism between the administrative ruling and the confirmation procedure with the patent administrative department of the State Council to jointly promote the handling of patent infringement disputes.
Article 50 A party may apply to the administrative department of intellectual property protection for mediation on an intellectual property dispute according to law. If a mediation agreement is signed through mediation and the content of the mediation agreement conforms to the relevant laws and regulations, the people’s court shall give judicial confirmation upon the application of the parties.
Article 51 Industry associations and chambers of commerce are encouraged to set up professional people’s mediation organizations for intellectual property disputes and provide mediation services. Intellectual property, copyright, judicial administration and other departments should give support and guidance.
Encourage intellectual property service agencies and legal service agencies to provide convenient and efficient mediation services for intellectual property disputes.
Article 52 This Municipality shall establish a docking mechanism for litigation and mediation of intellectual property disputes, and promote the use of mediation to quickly resolve disputes. The people’s court may suggest that the parties choose mediation to resolve disputes before filing a case, or entrust a mediation organization or mediator to mediate after the parties agree to file a case; If a mediation agreement is signed through mediation and the content of the mediation agreement conforms to the relevant laws and regulations, the people’s court shall make judicial confirmation or make a mediation agreement upon the application of the parties, and reduce or exempt the legal fees in accordance with the relevant provisions.
Fifty-third support arbitration institutions to strengthen the capacity building of arbitration services for intellectual property disputes, and provide professional, high-quality and efficient arbitration services for the parties. Relevant government departments should provide convenience for arbitration institutions to carry out foreign-related intellectual property arbitration business, such as the work and residence of relevant personnel, entry and exit, cross-border revenue and expenditure, etc.
Chapter VI Legal Liability
Fifty-fourth network service providers in violation of the provisions of article twenty-eighth, the culture and tourism, market supervision and management departments shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of ten thousand yuan or more and fifty thousand yuan or less shall be imposed; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed.
Article 55 Where an exhibition organizer or organizer violates the provisions of Article 29 of these Regulations, the intellectual property department shall order it to make corrections, and may impose a warning, informed criticism or a fine of not less than 30,000 yuan but not more than 100,000 yuan according to the seriousness of the case.
Fifty-sixth in violation of the provisions of this Ordinance, infringement of intellectual property rights of others, shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 57 These Regulations shall come into force as of July 1, 2022.