(1) Actively participate in the adjustment and formulation of international rules on intellectual property rights. In the face of the new situation after China's entry into WTO, based on the principle that it is not only conducive to strengthening intellectual property protection, but also conducive to all countries in the world to share the benefits brought by scientific and technological progress, we should strengthen the follow-up study on the development trends and new trends of the international intellectual property system, prepare timely response plans, and actively participate in the formulation of international rules on intellectual property.
(2) Expand international cooperation in the field of intellectual property and enhance China's international influence. Continue to strengthen cooperation with the World Intellectual Property Organization, the World Trade Organization, the International Union for the Protection of New Varieties of Plants and regional intellectual property protection organizations, strengthen cooperation and exchanges with the European Patent Office and some major China National Intellectual Property Administration, expand cooperation with developing countries in the field of intellectual property offices, and run a high-level forum on intellectual property rights in China and Africa. Formulate and implement patent cooperation plans with the ten ASEAN countries and China, Japan and South Korea. Actively carry out intellectual property cooperation and exchanges with Hong Kong and Macao.
(3) Effectively strengthen coordination with relevant domestic departments and do a good job in overall coordination of foreign-related intellectual property rights. Learn from foreign advanced experience, strengthen the government function of protecting intellectual property rights under the condition of market economy, study, master and actively use WTO dispute settlement mechanism, and safeguard national interests and economic security in international intellectual property competition. Establish a monitoring system and early warning mechanism for intellectual property rights of technology and commodities import and export in conjunction with relevant departments. Do a good job in the protection of intellectual property rights related to the 2008 Beijing Olympic Games.
VI. Further strengthen publicity and training on intellectual property rights.
(1) Improve the public's awareness of intellectual property rights in an all-round way. Taking China's accession to the WTO as an opportunity, with the theme of "accession to the WTO" and intellectual property protection, we will concentrate on launching large-scale publicity activities nationwide, and set off a new upsurge in publicizing patent law, WTO intellectual property rules and popularizing intellectual property knowledge. Focusing on key themes such as scientific and technological innovation, economic restructuring, the relationship between state-owned enterprise reform and intellectual property protection, we will take various forms to expand the coverage and influence of patent publicity.
(2) Pay close attention to training intellectual property talents who know business, management and are familiar with laws and international rules. Make full use of the advantages of various educational and training institutions, and increase the training of WTO intellectual property rules and newly revised patent law and other related intellectual property laws through various forms and channels. First, do a good job in the training of cadres in the patent front and cadres in science, technology and economic management; Second, do a good job in cultivating the reserve team and backbone team of patent management departments at all levels; Third, do a good job in the training of leading cadres at all levels; The fourth is to do a good job in the training of the heads of enterprises and institutions and patent workers. According to the different training objects, the focus of training should be focused. After several years of hard work, we have trained a group of talents who know business, management and are familiar with intellectual property laws and international rules.
First, further enhance the sense of urgency and responsibility, give full play to the role of intellectual property system in promoting scientific and technological progress and innovation, and serve economic construction.
(a) to enhance the awareness of active service and promote the organic combination of patent work with economic and scientific work. Actively coordinate the competent departments of economy, science and technology at all levels, provide clear and powerful intellectual property policy guidance for economic, scientific and technological work, and effectively integrate patent work into the economic, scientific and technological and foreign trade management system. Actively cooperate with the competent departments of science and technology, strengthen the research and adjustment of relevant policies, study and formulate policies on the ownership and benefit distribution of intellectual property rights related to science and technology plans, establish an incentive mechanism for promoting scientific and technological innovation by using the intellectual property system, fully mobilize the enthusiasm of all parties, and further improve the innovation level of China's science and technology plans and the ability to form independent intellectual property rights. Continue to do a good job in "urban patent work pilot" and improve the level of urban patent management. Take effective measures to do a good job in patent consulting services for the public.
(two) the implementation of the "patent strategy promotion project". Further strengthen the research and application of patent strategy and incorporate it into national, local and industry development strategies. In conjunction with relevant departments and local governments, we will launch the "Patent Strategy Promotion Project" to guide and help innovative subjects, make full use of patented technology information, correctly select the key directions and objectives of scientific and technological innovation, cultivate and form new scientific and technological advantages and intellectual property advantages, realize leap-forward development, and improve China's scientific and technological and economic competitiveness. Through the implementation of this project, we will strive to cultivate and develop a number of large companies, enterprise groups and scientific research institutes with independent intellectual property rights and strong core capabilities. Local patent authorities should actively organize and promote the research and application of local patent strategy in light of local conditions.
(three) to further improve the patent work of enterprises and institutions. We should continue to do a good job in the "patent technology industrialization demonstration project", "enterprise patent work pilot project" and "patent work demonstration park", guide enterprises and institutions to establish and improve the intellectual property protection and management system, mobilize the enthusiasm of scientific researchers, improve the level of scientific and technological innovation and the ability to form independent intellectual property rights, and promote the industrialization of high and new technologies in China. We should closely communicate with relevant departments, strive to introduce relevant policies to support China's foreign-related patent applications as soon as possible, encourage China to independently develop high-tech with international market prospects and apply for patents abroad, and enhance the international competitiveness of China's high-tech and its products. While setting up various patent applications and patent implementation funds, all localities should formulate corresponding management measures to effectively improve the quality of patent applications and the efficiency of fund use.
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The medium-term plan of WIPO's planned activities-WIPO's conception and strategic direction
antecedent
1. the director-general must submit a "medium-term plan" every three years, covering four years after the biennium in which the director-general submits the draft plan and budget. The last medium-term plan was presented to Member States from 65438 to 0999.
2. This document has compiled a medium-term plan for WIPO's plans and activities, highlighting WIPO's vision and strategic direction for the four-year period from 2006 to 2009 after the 2004-2005 biennium.
Build an idea
As mentioned above, the main goal of the medium-term plan is the same: to maintain and further develop respect for intellectual property rights all over the world. This means that any infringement of existing protection should be prevented, and it also means that the acquisition of protection and its implementation after acquisition should be simpler, cheaper and safer.
4. The Convention for the Establishment of the World Intellectual Property Organization also takes the above objectives as its mission. Article 7 of the Convention clearly stipulates that:
"(i) To promote the global protection of intellectual property rights through cooperation between countries and, as appropriate, with other international organizations;
"(ii) Ensuring administrative cooperation among the alliances."
5.2 1 century is a century full of challenges, including bridging the widening knowledge gap; Poverty reduction and prosperity for all mankind. Whether a country can successfully meet these challenges will depend on its ability to develop, utilize and protect its own creativity and innovation. An effective intellectual property (IP) system is closely related to proactive decision-making and pays attention to strategic planning, which will help the country to promote and protect its intellectual property assets and promote economic growth and wealth creation.
6. In this regard, it is generally recognized that it is necessary to promote and develop the objectives stipulated in the WIPO Convention in order for the Organization to better help its member countries meet the challenges of a rapidly changing world.
7. Therefore, the goal of WIPO in the new century is to cooperate with member States and all other stakeholders to promote the effective protection and utilization of intellectual property rights on a global scale. In order to achieve this goal, it is necessary to create an environment and infrastructure, which will help to deeply understand the contribution of intellectual property rights to human life through economic, social and cultural development; In particular, developing countries need to be helped to build their capacity to acquire and use the intellectual property system to a greater extent. As an important international organization and United Nations specialized agency responsible for implementing effective international cooperation initiatives in the field of intellectual property, WIPO seeks to continue to strengthen its role in this regard.
Recalling1September 1999, Member States noted with satisfaction the contents of document A/34/3, "Vision and Strategic Direction of WIPO", which contained the medium-term plan for 2002-2005. Recalling also that the medium-term plan lists a number of priority areas identified by the Organization, which are crucial to meeting the challenges faced by Member States. They include unveiling the mystery of intellectual property rights; Enhance ability; Collective leadership; Synergy; Promoting creative and innovative activities; The gradual development and compilation of international intellectual property law; Global protection systems and services and global cooperation systems. In order to meet the needs of member States in the above and other fields more effectively, WIPO modernized its infrastructure, improved its management, and adopted some new measures in the past four years to cope with the rapid evolution of the environment related to intellectual property rights. At present, great progress has been made, especially the demystification movement of intellectual property rights, which has made world leaders and decision makers understand the importance of intellectual property rights as a policy tool for economic, social and cultural development in various countries.
In view of this background, and in order to consolidate the achievements made, it is suggested that the next medium-term plan (2006-2009) continue to reflect "the core role of intellectual property rights as an important means of social development, economic growth and wealth creation" (document A/38/3). The organization also strives to raise global awareness that intellectual property is "the foundation of human existence and status" and that it is "a natural right closely related to all cultures and all ethnic groups" (document A/38/3). Therefore, we can say that WIPO's main goal is to make intellectual property "closer to people who recognize cultural, source and institutional diversity" (document A/38/3).
Policy framework
10. In order to understand the above problems, a policy framework will be established according to the principles formulated during this medium-term plan period. Namely:
(1) Intellectual property is an important factor to promote creation and invention, and it is the driving force of knowledge economy.
(b) Every country should be encouraged to develop an intellectual property culture suitable for its needs, including a focused national intellectual property strategy and the most appropriate national intellectual property system, and to raise awareness of intellectual property as a powerful means to promote national economic, social and cultural development (at the policy planning level and at the grassroots level).
(c) The intellectual property system, including its legal and institutional infrastructure and human resources capacity, should be consistent with national policy objectives. It should also be effective, affordable for users and easily accessible to all stakeholders, such as individuals and SMEs.
The intellectual property system should take into account the interests of intellectual property holders and the public. While keeping in mind the national policy objectives, we should also make them conform to international intellectual property laws and international agreements.
(e) WIPO's global protection system and services (namely, PCT, Madrid, The Hague and Lisbon systems) and the services of WIPO's arbitration and mediation center should continue to be efficient and of high quality, and meet the needs of users, including innovators, researchers, entrepreneurs, especially small and medium-sized enterprises and academic institutions.
(f) As a specialized agency of the United Nations responsible for intellectual property rights, WIPO's activities include major initiatives in this field to strengthen cooperation with other United Nations agencies and raise awareness of these agencies, the public and decision makers on the role of intellectual property rights in the framework of the United Nations Millennium Development Goals.
(g) Cooperation between WIPO and the government and the private sector should be further strengthened to increase technical assistance to developing countries and countries in transition to a market economy. This includes providing necessary support in capacity-building and developing appropriate infrastructure and strengthening human resources.
(h) Modernization of planning, budgeting and accounting will ensure more openness, transparency and effectiveness in the management and implementation of activities.
strategic goals
1 1. In order to realize WIPO's vision, the following strategic objectives have been formulated:
Promote the formation of intellectual property culture; On the one hand, creators and innovators are encouraged to acquire and use intellectual property rights and intellectual property assets, and to issue use licenses; On the other hand, seek the public to further respect intellectual property rights and intellectual property assets. This includes providing resources and expertise to help member countries in their efforts to develop an intellectual property culture through cooperation with partners from governments, intergovernmental organizations and private enterprises.
(b) Formulating a balanced international intellectual property law to meet emerging needs; Effectively encourage innovation and creation; There is enough flexibility in meeting the national policy objectives.
(c) Providing coordinated and targeted assistance to member countries in developing national/regional intellectual property systems, such as legal infrastructure, institutional framework and human resources.
(d) Strengthen the global protection system to make it more accessible and affordable for all stakeholders.
(e) Further simplify WIPO's internal management and administrative procedures and concentrate on achieving greater benefits; Start the improved monitoring and evaluation system to check the implementation of expected results.
Operating principles of the implementation plan
12. In each planning area, the authorities will provide guidelines to determine specific planning priorities according to the following operational principles:
-Planning priorities will be determined according to WIPO's strategic objectives, the needs identified by member States and WIPO's expertise in providing these planning activities;
-Each plan aims to ensure sufficient flexibility to meet the changing needs of member States;
-Planned activities should be cost-effective and have specific achievable goals;
-If possible, adjust the plan one by one in consultation with Member States to promote the sustainability of the planned results;
-Encourage cooperation with other institutions as much as possible to achieve maximum cost-effectiveness.
Plan evaluation index
13. incorporate the performance indicators of all planned activities into the draft biennial plan and budget for 2004-2005 (document WO/PBC/7/2), and consider one or more of the following broad indicators, which will be used to evaluate WIPO's planned achievements. These indicators relate to the impact of activities on:
-Intellectual property policies of member States;
-Integrating intellectual property policies into the cultural-social-economic policies of member States;
-Improving and developing the quantity and quality of intellectual property rights and intellectual property assets acquired by nationals of member States;
The number of accessions or ratifications, geographical coverage and effective utilization of treaties managed by WIPO;
The number and scope of users of WIPO's global protection system;
-Information and functions of institutions related to intellectual property rights (effectively functioning intellectual property offices and copyright collective management associations; Courts and customs in charge of intellectual property law enforcement. );
-the number of people who benefited from WIPO's plan, including government officials, innovators, academic researchers, intellectual property practitioners, etc.
Achievable strategic goals
14. as outlined by the director-general in his speech in may 2003, the member States re-elected him as the director-general in his speech (document A/38/3), and WIPO's activities will be merged into five areas, each of which has the following specific achievable goals.
Management modernization
-Strengthening planning and budgeting procedures and effectively implementing planned activities;
-Strengthening the means of information technology and exerting its leverage;
-Improve the efficiency of PCT, Madrid and The Hague systems.
(b) Promoting and supporting intellectual property rights
-Better understanding of the cultural and social aspects of intellectual property-related issues;
-formulate corresponding measures/policies to help enhance the public's awareness of intellectual property rights, deepen their understanding of intellectual property rights and their functions, and make them respect intellectual property rights more widely;
-Promoting the use of intellectual property rights by small and medium-sized enterprises.
Cooperation for development
-Strengthening the role of intellectual property rights in formulating national policies (supplemented by an analysis of the economic impact of intellectual property rights);
-Strengthening national human resources capacity and training intellectual property professionals (for example, training trainers);
-Deploying online tools for small intellectual property offices through WIPONET;
-Further development of regional/national demand action plans;
-Continue to provide assistance to the automation of the Intellectual Property Office.
(d) Intellectual property issues and the progressive development and codification of international intellectual property law
-making it easier for users to obtain the patent system through WIPO's patent agenda (including the current work on the draft substantive patent law treaty);
-To further develop the unified principles, procedures and essence of laws on trademarks and industrial designs;
-Making suggestions on new technologies, especially in the implementation of WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT);
-Continue consultations and negotiations on broadcasting rights with a view to formulating an international instrument for the protection of audio-visual performers;
-Continue the work of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, and strengthen the protection framework;
-Take "soft law" solutions to some problems when necessary.
(e) Global intellectual property protection systems and services
-gradually reform the PCT system and implement relevant achievements;
-Expansion of the Madrid and Hague systems;
-Broaden the service of WIPO Arbitration and Mediation Center, and bring a wider range of intellectual property disputes into its business scope.
15.the draft biennial plan and budget for 2004-2005 (document WO/PBC/7/2) puts forward detailed suggestions on activities expected to help achieve these goals and procedures for achieving them. Political imagination, credibility and collaboration among member States, the private sector and the secretariat are the key factors for WIPO's mission success and the realization of its organizational vision.
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Protecting intellectual property rights is an integral part of China's reform and opening-up policy and an important system to promote the prosperity and development of science, technology and culture and ensure the normal operation of the socialist market economy. In order to adapt to the trend of international integration of science, technology and economy and accelerate the objective requirement of restoring China's status as a contracting party to GATT, in recent years, China has accelerated the pace of intellectual property legislation, and successively promulgated the Trademark Law of People's Republic of China (PRC), the Patent Law of People's Republic of China (PRC), the Technology Contract Law of People's Republic of China (PRC), the Copyright Law of People's Republic of China (PRC) and the Copyright Law of People's Republic of China (PRC). As China's intellectual property system has not been established for a long time, the awareness of intellectual property rights in the whole society is still relatively weak, and some regions and departments lack sufficient understanding of the importance of protecting intellectual property rights. Some serious infringements not only damage the legitimate rights and interests of property owners, but also damage the dignity of the law. In order to effectively strengthen the protection of intellectual property rights and ensure the implementation of the law, the following decisions are made:
1. Perfecting the intellectual property system and strengthening the protection of intellectual property rights are important contents of deepening the supporting reform of science, technology and economy and opening wider to the outside world, and are also the basic requirements for accelerating the establishment of a socialist market economic system and realizing integration with the world economy. People's governments at all levels should fully understand the significance of intellectual property system in promoting scientific and technological progress and economic development, correctly handle the relationship between local interests and overall interests, immediate interests and long-term interests, put strengthening intellectual property protection on the important agenda of scientific, technological, economic and cultural work, and comprehensively use legal, economic and administrative means to guide enterprises, scientific research institutes and institutions of higher learning (hereinafter referred to as enterprises and institutions) to take effective measures. Effectively protect their own intellectual property rights, fully respect the intellectual property rights of others, promote the whole society to establish a good fashion of respecting and protecting intellectual property rights, and create a good environment and conditions for citizens, enterprises and institutions' inventions, literary and artistic creations and foreign scientific, technological, economic and cultural cooperation and exchanges.
Second, the protection of intellectual property rights is a comprehensive work involving legislation, judicature, law enforcement and administrative management. All relevant departments should support each other and cooperate closely to form a unified and coordinated intellectual property protection system.
Recently, the National People's Congress Standing Committee (NPCSC) deliberated and adopted a decision on punishing crimes of copyright infringement, so as to intensify efforts to stop and punish acts of intellectual property infringement. The State Council will promptly study and formulate administrative regulations on border protection measures for intellectual property rights.
Intellectual property administrative law enforcement organs at all levels should strengthen their functions, enrich their strength and improve their efficiency. At present, we should focus on strengthening the power of copyright administrative law enforcement organs at all levels to ensure the effective implementation of the Copyright Law of People's Republic of China (PRC). In the process of performing their duties, the intellectual property administrative law enforcement organs need to obtain the cooperation of other administrative law enforcement organs or administrative departments, and the relevant organs and departments should give great assistance. For some important cases with great influence, the intellectual property administrative law enforcement organs can jointly investigate and deal with them with the departments of science and technology, economy, culture, press and publication, radio, film and television, public security and so on.
It is necessary to support the people's courts in trying intellectual property cases according to law, support the relevant people's courts to set up intellectual property courts according to needs, effectively strengthen judicial power, and ensure that all kinds of intellectual property cases are handled fairly and promptly.
In judicial and administrative law enforcement, it is necessary to break the division between local protection and departments, follow the principle of "laws must be observed, law enforcement must be strict, and offenders must be prosecuted", strictly enforce laws and regulations, and investigate and deal with all kinds of violations of intellectual property rights according to law. If the infringement seriously constitutes a crime, the criminal responsibility of the relevant personnel shall be investigated according to law, the legitimate rights and interests of intellectual property rights holders shall be earnestly safeguarded, and the unity and dignity of the socialist legal system shall be safeguarded.
In order to further improve and perfect China's intellectual property management system and strengthen macro-management and overall coordination of intellectual property rights, the State Council decided to establish an intellectual property office meeting system in the State Council. All relevant departments should strengthen intellectual property management institutions, straighten out the relationship in institutional reform, and form a two-pronged and parallel system of administrative management and judicial protection in China, thus strengthening intellectual property protection.
Third, vigorously strengthen the supervision and inspection of the implementation of intellectual property laws, and establish a mechanism combining daily supervision with key inspections. From time to time, the State Council will organize various intellectual property administrative law enforcement organs and relevant departments of science and technology, economy, culture, press and publication, radio, film and television, public security and other departments to conduct joint inspections on the implementation of intellectual property laws in various regions and departments, focusing on investigating and dealing with some important and influential major cases of intellectual property infringement, and urging and solving the phenomenon of lax enforcement and ineffective punishment for infringement in some places. This work should gradually form a system to effectively guarantee the effective implementation of intellectual property laws.
At present, the focus of supervision and inspection work is to clean up and rectify the audio-visual products market and the computer software market. The copyright administrative departments at all levels and the administrative departments for industry and commerce should cooperate closely, strengthen inspection and seriously deal with the piracy of illegally copying audio-visual products and computer software.
Fourthly, in order to fulfill the relevant provisions of the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works, to strengthen the protection of intellectual property rights in foreign economic and technological trade, it is necessary to strengthen the functions of the customs in protecting intellectual property rights and stopping the entry and exit of infringing products, and take necessary border measures to effectively stop the import and export of infringing products. Customs should strengthen contact and cooperation with relevant departments and strictly implement border protection measures for intellectual property rights according to law.
V strengthening the protection of intellectual property rights in the import and export of new technologies and products. When importing technology or products from abroad, we should fully understand the intellectual property status of related technologies or products to avoid infringement disputes or other losses; When exporting new technologies and products, we should also do a good job in inquiring about intellectual property rights to prevent the technology or products from being copied or infringing on the intellectual property rights of others after export.
It is necessary to strengthen the examination and approval and management of feed processing, feed processing license, joint venture production and distribution of foreign audio-visual products. When an enterprise is entrusted by a foreign investor to engage in the above-mentioned activities, it should find out whether the foreign investor is the legal owner of intellectual property rights and has the right to use it through the relevant intellectual property management department or intellectual property service agency. In the contract, it should be stipulated that the enterprise should respond to the lawsuit when it performs the contract, produces or distributes audio-visual products and is accused of infringement by a third party, as well as the liability for compensation when the accusation is established.
Six, all industries should strengthen intellectual property work as an important measure to promote scientific and technological progress and economic development. According to the actual situation of science and technology and economic development in this industry, we should actively carry out research on the strategy and management of intellectual property rights in this industry, and guide the adjustment of product structure and scientific research and production in the whole industry. For industries with weak independent research and development capabilities such as medicine, chemical industry and computer software, preferential policies should be adopted to increase investment in research and development funds and improve the ability and level of independent research and development.
Seven, the science and technology development planning departments should take intellectual property work as an important part of the plan management, formulate a unified intellectual property strategy for the implementation and development of the plan, especially to strengthen the investigation, analysis and corresponding countermeasures in the relevant fields of the plan, so that intellectual property work runs through the whole process of project establishment, legal protection of achievements and commercialization, industrialization and internationalization of achievements.
Eight, enterprises and institutions should take the protection of intellectual property rights as an important part of establishing a modern enterprise system and a modern scientific research institute system, enhance their awareness of intellectual property rights, abide by intellectual property laws and regulations, incorporate the strengthening of intellectual property protection into research and development, production and operation and internal management, and form corresponding systems.
The research, development and technological transformation of new technologies, new processes and new products in enterprises and institutions should be closely integrated with intellectual property work, and correct research, development, production and management strategies should be formulated by using intellectual property information to determine the appropriate research direction and technical route, improve the starting point, level and efficiency of research and development, and avoid unnecessary repeated development or infringement disputes in scientific research and production.
Nine, science and technology, economy, culture and other fields of various industry associations and specialized intellectual property social groups and social service organizations, is an important force to promote the implementation of intellectual property laws and strengthen intellectual property protection. We should encourage and support the development of these organizations, and guide them to use their own flexible mechanisms to provide various forms of intellectual property legal advice and services to the society. It is necessary to establish a number of intellectual property legal service institutions to assist the parties in investigating the infringement, collect evidence and resolve related disputes through legal channels. The relevant government departments should fully mobilize the enthusiasm of these organizations and make them powerful assistants for the administrative departments to protect intellectual property rights.
Ten, at present, we should vigorously strengthen the training of intellectual property professionals and leading cadres and the masses, publicity and popularization of intellectual property protection knowledge. Intellectual property management departments and departments of science and technology, economy and culture should, in combination with the implementation of the second five-year law popularization plan, carry out in-depth publicity work on intellectual property rights and strengthen legal education on intellectual property rights. News organizations should strengthen their reporting on the protection of intellectual property rights and do a good job in publicity and education and supervision by public opinion. Enterprises and institutions should incorporate intellectual property law into the legal education plan. Through in-depth and lasting publicity and education, we will gradually improve the awareness of intellectual property protection and the concept of legal system in the whole society, and form a good social environment conducive to intellectual property protection.
Eleven, the relevant departments of the State Council can formulate specific measures to strengthen the intellectual property work of enterprises and institutions according to this decision. Choose me!