Notice of the State Council on printing and distributing the national plan for the protection and application of intellectual property rights during the 14th Five Year Plan Period

# National intellectual property protection and application plan during the 14th Five Year Plan Period
In order to implement the decisions and arrangements of the CPC Central Committee and the State Council on intellectual property work, comprehensively strengthen the protection of intellectual property, efficiently promote the use of intellectual property, stimulate the innovation vitality of the whole society, and promote the construction of a new development pattern, this plan is formulated in accordance with the 14th five year plan for national economic and social development of the people's Republic of China and the outline of long-term goals for 2035 and the outline of building a powerful country with intellectual property (2021-2035).
# 1、 Planning background
During the 13th Five Year Plan period, the CPC Central Committee and the State Council placed intellectual property protection in a more prominent position, strengthened top-level design, deployed and promoted a series of reforms, issued a series of major policies, established and improved the inter ministerial joint conference system for the implementation of the intellectual property strategy of the State Council, re established the State Intellectual Property Office, improved the system of intellectual property laws and regulations, and promoted judicial reform in the field of intellectual property, Effectively improved the governance capacity and level in the field of intellectual property. Over the past five years, all regions and relevant departments have thoroughly implemented the 13th five year plan for the protection and application of national intellectual property rights, continued to promote the implementation of the intellectual property strategy, and steadily improved the creative capacity of intellectual property rights. The number of invention patents per 10000 people in China has increased from 6.3 at the end of the 12th Five Year Plan to 15.8. The number of patents, trademarks, copyrights, new plant varieties and other intellectual property rights ranks among the top in the world, and the quality has been steadily improved. The use efficiency of intellectual property continues to improve, the transaction operation is more active, and the transfer and transformation level continues to improve. The added value of patent intensive industries accounts for more than 11.6% of GDP, and the added value of copyright industries accounts for more than 7.39% of GDP. Intellectual property protection has been significantly strengthened, the protection system has been continuously improved, the protection capacity has been continuously improved, and the social satisfaction with intellectual property protection has increased to 80.05 points. The public service system for intellectual property rights was further improved, and the development of intellectual property services was accelerated. The contingent of intellectual property talents has continued to grow, and the whole society has significantly improved its awareness of respecting and protecting intellectual property. International cooperation in intellectual property has been deepened, and intellectual property cooperation with the world intellectual property organization, countries and regions jointly building the "the Belt and Road", BRICs countries, APEC and other countries and regions has been solidly promoted, forming a new situation of international cooperation in intellectual property with "four linkage and coordinated promotion". In general, the main objectives and tasks of the 13th five year plan were completed on schedule, the cause of intellectual property rights has achieved great development, great leap forward and great improvement, and the protection of intellectual property rights has made historic achievements, effectively supporting the realization of the goals of building an innovative country and building a moderately prosperous society in all respects.
The world today is experiencing great changes that have not been seen in a century. A new round of scientific and technological revolution and industrial reform are developing in depth, the international balance of power is profoundly adjusted, the international environment is becoming increasingly complex, instability and uncertainty are significantly increasing, and the impact of the COVID-19 is extensive and far-reaching. China is in the critical period of realizing the great rejuvenation of the Chinese nation. The economy has shifted from the stage of high-speed growth to the stage of high-quality development. The innovation driven development strategy has been thoroughly implemented, the construction of a modern industrial system has been accelerated, and the high-level opening-up has been deepened. Innovation is the first driving force to lead development, and the protection of intellectual property rights is the protection of innovation. Intellectual property protection is related to the modernization of national governance system and governance capacity, high-quality development, people's well-being, the overall situation of China's opening to the outside world and national security. At present, intellectual property is playing an increasingly important role in stimulating innovation, building brands, standardizing market order, and expanding opening up. However, China's intellectual property work still faces many problems and shortcomings, mainly manifested in: insufficient creation of high-quality intellectual property in key core technology areas, imperfect administrative law enforcement and judicial connection mechanisms, and the phenomenon of frequent and difficult infringement and safeguarding of intellectual property rights still exist, The effectiveness of intellectual property transfer and transformation needs to be improved, the supply of intellectual property services is insufficient, the ability to deal with overseas intellectual property disputes is insufficient, and the role of intellectual property system in promoting high-quality economic and social development needs to be further played. During the "14th five year plan" period, to do a good job in intellectual property work, we should coordinate the overall situation of domestic and international affairs, enhance the awareness of opportunities and risks, cultivate opportunities in the crisis, open a new situation in the changing situation, give full play to the important role of the intellectual property system in promoting the construction of a new development pattern, and provide strong support for the overall construction of a modern socialist country.
# 2、 General requirements
## （1） Guiding ideology.
  Adhering to the theme of promoting high-quality development, taking Comprehensively Strengthening the protection of intellectual property rights as the main line, taking the construction of a powerful intellectual property country as the goal, and taking reform and innovation as the fundamental driving force, we should deepen the reform of the system and mechanism of intellectual property protection, comprehensively improve the creation, application, protection, management and service level of intellectual property rights, further promote international cooperation in intellectual property rights, promote the construction of a modern economic system, and stimulate the innovation vitality of the whole society, We will vigorously support high-quality economic and social development.
## （2） Basic principles.
### Quality first.
We should unswervingly adhere to the direction of high-quality development, accelerate the transformation of intellectual property work from the pursuit of quantity to the improvement of quality, promote the creation of high-quality intellectual property, high-efficiency application, high-standard protection and high-level services, and better serve the construction of a modern economic system.
### Insist on strengthening protection.
Strengthen the whole chain protection of intellectual property rights, comprehensively promote intellectual property review and authorization, administrative law enforcement, judicial protection, arbitration and mediation, industry self-discipline, citizen integrity and other work, build a working pattern of strict protection, great protection, rapid protection and simultaneous protection, comprehensively improve the protection ability, and strive to create a fair competition market environment.
### Adhere to openness and cooperation.
We should promote the opening-up of intellectual property to the outside world in a broader scope, in a broader field and at a deeper level, promote international cooperation in intellectual property as a whole, actively participate in the construction of the global intellectual property governance system, strengthen multilateral cooperation in the field of intellectual property, continue to enhance the international influence and competitiveness of intellectual property, and serve the development of an open economy.
### Adhere to systematic coordination.
Establish a systematic concept, improve the collaborative promotion mechanism of intellectual property work, strengthen departmental coordination, upper and lower linkage, regional cooperation, and social governance, and comprehensively use legal, administrative, economic, technological, social governance and other means to improve the effectiveness of systematic governance in the field of intellectual property.
## （3） Main objectives.
By 2025, the phased objectives and tasks of building a strong intellectual property country will be completed on schedule, the governance capacity and level in the field of intellectual property will be significantly improved, the cause of intellectual property will achieve high-quality development, effectively support innovation driven development and the construction of a high-standard market system, and effectively promote the high-quality development of the economy and society.
### -- intellectual property protection has reached a new level.
The rule of law level of intellectual property protection has been continuously improved, the connection mechanism of intellectual property protection has been improved, the punitive compensation system for intellectual property infringement has been effectively implemented, the frequent occurrence of infringement has been effectively curbed, the social satisfaction of intellectual property protection has reached and maintained a high level, and more high-quality intellectual property in key core technology fields have emerged, effectively improving the modernization level of the industrial chain supply chain, The intellectual property system plays a fundamental role in encouraging innovation.
### -- new achievements have been made in the application of intellectual property rights.
The transfer and transformation system and mechanism of intellectual property rights are more perfect, the ownership system of intellectual property rights is more perfect, the circulation of intellectual property rights is more smooth, the efficiency of intellectual property rights transformation is significantly improved, the market value of intellectual property rights is further highlighted, the added value of patent intensive industries and copyright industries account for a steady increase in the proportion of GDP, and promote industrial transformation and upgrading and the innovative development of emerging industries.
### -- intellectual property services have reached a new level.
Remarkable achievements have been made in the construction of intellectual property informatization and intelligent infrastructure, the online and offline integration of intellectual property protection has been achieved, the public service system of intellectual property has been further improved, the intellectual property service industry has developed in an orderly manner, the specialization level of service institutions has been significantly improved, and the innovative achievements have been further promoted to better benefit the people.
### -- new breakthroughs have been made in international cooperation in intellectual property.
China's role in the global intellectual property governance system has become more prominent, the international coordination of intellectual property has become more powerful, new progress has been made in the "the Belt and Road" intellectual property cooperation, the ability to obtain and safeguard overseas intellectual property rights has been further improved, and a high-level opening-up has been vigorously promoted.
Main indicators of intellectual property development during the 14th Five Year Plan Period
![main indicators of intellectual property development during the 14th Five Year Plan period]（ http://www.gov.cn/zhengce/content/2021-10/28/5647274/images/09930b6ce4af468f99933b2460adbc81.jpg )
Note: ① "number of high-value invention patents per 10000 people" refers to the number of valid invention patents authorized by the State Intellectual Property Office to meet any of the following conditions per 10000 people owned by domestic residents: 1. Invention patents for strategic emerging industries; 2. Invention patents with patent rights of the same family overseas; 3. Invention patents with a service life of more than 10 years; 4. Invention patents with higher pledge financing amount; 5. Invention patents that have won the national science and Technology Award and the China Patent Award.
② "registered amount of intellectual property pledge financing" refers to the amount of intellectual property pledge financing registered by the State Intellectual Property Office.
③ ④ is the value in 2019.
# 3、 Comprehensively strengthen the protection of intellectual property rights and stimulate the innovation vitality of the whole society
## （4） Improve the legal and policy system of intellectual property rights.
We will improve intellectual property laws and regulations. Carry out basic legal research on intellectual property. Comprehensively promote the revision and improvement of patent law, trademark law, copyright law, anti-monopoly law, science and technology progress law, e-commerce law and other relevant laws and regulations. We will strengthen legislation in areas such as geographical indications and trade secrets, and introduce regulations on the protection of trade secrets. Improve the regulations on layout design of integrated circuits. We will promote the revision of the regulations on the protection of new plant varieties. Formulate regulations on the protection of traditional knowledge of traditional Chinese medicine. We will improve the legal system of intellectual property rights that links up with national defense construction. We will comprehensively establish and implement a system of punitive damages for intellectual property infringement, and increase the intensity of damages. Study and establish a sound legal system of special procedures in line with the law of intellectual property trial. To meet the needs of scientific and technological progress and economic and social development, we should promote the establishment, reform, abolition and interpretation of intellectual property laws and regulations in a timely manner in accordance with the law. (the Central Propaganda Department, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of science and technology, the Ministry of industry and information technology, the Ministry of justice, the Ministry of agriculture and rural areas, the Ministry of Commerce, the National Health Commission, the State Administration of market supervision, the State Administration of science and industry for national defense, the State Forestry and grass administration, the State Administration of traditional Chinese medicine, the State Intellectual Property Office, the equipment development department of the Central Military Commission, etc. are responsible according to their respective responsibilities.)
![]( http://www.gov.cn/zhengce/content/2021-10/28/5647274/images/4b1ea6c3fa3f4c92a15502a4ceb19bc4.jpg )
Improve intellectual property protection policies. We will improve the intellectual property protection system for new fields and formats such as big data, artificial intelligence and genetic technology. study