Institutional responsibility
(a) responsible for drafting and organizing the implementation of the national intellectual property strategy. Formulate major principles, policies and development plans to strengthen the construction of a strong intellectual property country. Formulate and implement management policies and systems, and strengthen the creation, protection and application of intellectual property rights.
(2) Responsible for protecting intellectual property rights. Formulate and organize the implementation of intellectual property rights systems that strictly protect trademarks, patents, geographical indications of origin, layout design of integrated circuits, organize the drafting of relevant laws and regulations, formulate departmental rules, and supervise the implementation. To study intellectual property protection, management and service policies that encourage innovation in new fields, new formats and new models. To study and put forward the construction scheme of intellectual property protection system and organize its implementation, and promote the construction of intellectual property protection system. Responsible for guiding trademark and patent law enforcement, guiding local intellectual property disputes, rights protection assistance and dispute mediation.
(3) To be responsible for promoting the use of intellectual property rights. Formulate policies on the use and supervision of intellectual property rights to promote the transfer and transformation of intellectual property rights. Standardize the evaluation of intangible assets of intellectual property rights. Responsible for patent compulsory licensing related work. Formulate policies and measures for the development and supervision of intellectual property intermediary services.
(four) responsible for the examination, registration and administrative adjudication of intellectual property rights. Implementing trademark registration, patent examination and layout design registration of integrated circuits. Responsible for administrative rulings such as trademark, patent, integrated circuit layout design review and invalidation. Formulate a unified system for identifying geographical indications of origin and organize their implementation.
(five) responsible for the establishment of intellectual property public service system. Build a national public service platform for intellectual property information that benefits enterprises and people, and promote the dissemination and utilization of intellectual property information such as trademarks and patents.
(six) responsible for coordinating foreign-related intellectual property matters. According to the division of labor, formulate policies on foreign-related intellectual property rights and conduct foreign intellectual property rights negotiations. Carry out international liaison, cooperation and exchange activities in intellectual property work.
(seven) to complete other tasks assigned by the CPC Central Committee and the State Council.
(8) Function conversion.
1. Further integrate resources, optimize processes, effectively use information technology, shorten the registration time of intellectual property rights, improve the level of service facilitation, and improve the quality and efficiency of examination.
2. Further relax the access to intellectual property services, expand the opening up of patent agencies, and relax the conditions for shareholders or partners of patent agencies.
3. Accelerate the construction of public service platform for intellectual property information, collect global intellectual property information, strengthen patent navigation according to industrial fields, provide convenient inquiry and consultation services for entrepreneurial innovation, realize free or low-cost information opening, and raise the awareness of intellectual property protection and risk prevention in the whole society.
4. Strengthen the credit supervision of trademark registration and abnormal patent application, standardize trademark registration and patent application, and safeguard the legitimate rights and interests of obligees.
(9) Division of responsibilities.
1. Division of responsibilities with the State Administration of Market Supervision. China National Intellectual Property Administration is responsible for the business guidance of trademark patent law enforcement, formulating and guiding the implementation of trademark rights, patents and infringement judgment standards, formulating inspection and appraisal standards of trademark patent law enforcement, establishing mechanisms, and doing a good job in policy standards convergence and information notification. The State Administration of Market Supervision is responsible for organizing and guiding trademark patent law enforcement.
2. Division of responsibilities with the Ministry of Commerce. China National Intellectual Property Administration is responsible for coordinating foreign-related intellectual property affairs. The Ministry of Commerce is responsible for multilateral and bilateral negotiations on intellectual property rights related to economy and trade, bilateral consultation mechanism for intellectual property cooperation and coordination of domestic positions.
3. Division of responsibilities with the National Copyright Administration. Work related to copyright management shall be carried out in accordance with the provisions of the Central Committee of the Communist Party of China and the State Council on copyright management functions.
internal mechanism
(1) office. Responsible for the daily operation of the organs, and undertake the work of security, confidentiality, letters and visits, openness of government affairs, and informationization. Undertake policy research work. Organize the publicity of intellectual property rights and undertake the release of important government information.
(2) the legal department. Coordinate and put forward plans for drafting and revising international treaties on intellectual property rights and foreign negotiations on intellectual property rights. Put forward relevant draft laws, regulations and rules. Undertake the legality review of normative documents, undertake administrative reconsideration and administrative litigation. To formulate the examination policies for trademarks, patents, geographical indications of origin, layout design of integrated circuits and criteria for authorization, and organize the implementation of applications, acceptance and authorization. Organize the publicity work of popularizing the law.
(3) Strategic Planning Department. Formulate national intellectual property strategy and policies and measures to build a strong intellectual property country. Organize the prediction and early warning of intellectual property risks. Formulate the national intellectual property development plan and the examination, registration and registration plan for trademarks, patents and geographical indications of origin. To undertake the budget and final accounts of the department and the financial, assets and infrastructure plans of the units directly under the Bureau. To undertake the statistical investigation, analysis and release of intellectual property rights.
(4) Intellectual Property Protection Department. Undertake the work related to the construction of intellectual property protection system. Organize the formulation of trademark and patent infringement judgment standards and related protection law enforcement standards such as inspection and appraisal. To undertake trademark reexamination, patent reexamination, invalidation and other administrative rulings. To undertake the protection of geographical indications of origin, layout design of integrated circuits, special signs, Olympic signs, World Expo signs and other official signs, and undertake local intellectual property dispute handling guidance, rights protection assistance and dispute mediation.
(5) Promoting the use of intellectual property rights. Formulate and implement management policies and systems and strengthen the creation and application of intellectual property rights. Undertake to guide and standardize the evaluation of intangible assets of intellectual property rights. To undertake compulsory patent license, pledge registration of trademark patent rights and record management of transfer license. Formulate policies to regulate intellectual property transactions. To formulate and organize the implementation of policies and measures for the development and supervision of intellectual property intermediary service system.
(6) Public service department. Organize the implementation of the national public service system and informatization construction of intellectual property information, undertake the work related to the formulation of intellectual property information processing standards, and promote the convenience, intensification and efficiency of information services. To undertake the work related to the dissemination and utilization of intellectual property information such as trademarks and patents, and to study, analyze and publish information such as intellectual property application, authorization, registration and registration.
(7) Department of International Cooperation (Hong Kong, Macao and Taiwan Office). To undertake the overall coordination of foreign-related intellectual property affairs. Study the development trend of foreign intellectual property rights. Formulate policies on foreign-related intellectual property work. Undertake relevant foreign negotiations. Undertaking relevant international liaison, cooperation and exchange activities. Undertaking related affairs involving Hong Kong, Macao and Taiwan.
(8) personnel department. To undertake the work of cadres and personnel, organization establishment, labor wages, education, etc. of the organs and directly affiliated units, and guide the construction of relevant talent teams. Undertake the work of retired cadres.
Party committees of organs. Responsible for the party-mass work of Beijing municipal organs and directly affiliated units.
In March 2023, the Central Committee of the Communist Party of China and the State Council issued the Plan for the Reform of Party and State Institutions. The China National Intellectual Property Administration State Bureau, which is managed by the State Administration of Market Supervision, will be reorganized into an institution directly under the State Council. Law enforcement duties in the field of trademarks and patents will continue to be undertaken by the comprehensive market supervision law enforcement team, and relevant law enforcement work will be guided by China National Intellectual Property Administration.
Legal basis:
Article 216th of the Criminal Law of People's Republic of China (PRC) shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined.