Opinions of 17 departments including the State Intellectual Property Office on accelerating the high-quality development of intellectual property services

GZJZ [2022] No. 47

Intellectual Property Offices, Development and Reform Commission, Department of Education (Committee, Bureau), Department of Science and Technology (Committee, Bureau), Department of Industry and Information Technology (Economic and Information Commission), Department of Justice (Bureau), Department of Finance (Bureau), Department of Human Resources and Social Security (Bureau), Department of Agriculture and Rural (Agriculture and Animal Husbandry) (Bureau, Committee), Department of Commerce (Bureau, Committee), Department of Market Supervision (Department, Committee), Bureau of Statistics The Copyright Bureau, the competent forestry and grassland authorities, the Rural Revitalization Bureau, the banking and insurance supervision bureaus, and the relevant units:

The intellectual property service industry runs through the whole chain of the operation of the intellectual property system and is an important support for promoting the high-quality creation, efficient use, high standard protection and high level management of intellectual property. In order to thoroughly implement the Outline of Building a Powerful Intellectual Property Country (2021-2035) and the National Intellectual Property Protection and Application Plan for the "Fourteenth Five-Year Plan", and accelerate the high-quality development of intellectual property service industry, the following suggestions are put forward.

1、 General requirements

（1） Guiding ideology.

  The whole chain of protection, management and service is the goal, guided by meeting the service needs of innovation and market entities, adhering to the direction of specialization, marketization and internationalization, optimizing the development environment, cultivating service entities, broadening service fields, improving service capabilities, accelerating the high-quality development of intellectual property services, and providing strong support for accelerating the construction of intellectual property power and high-quality economic development.

（2） Basic principles.

Adhere to market leading and government guidance. Give full play to the decisive role of the market in resource allocation, and promote the orderly flow and efficient allocation of factor resources. Better play the role of the government, improve the system, standardize the industry order, strengthen classification guidance, build a data platform, and create a good environment for high-quality development of the industry.

Adhere to demand-led and supply docking. Guided by meeting the market demand for high-quality economic development, stimulate the development momentum of the intellectual property service industry, drive the supply-side structural reform, realize the precise connection between the intellectual property service supply and the comprehensive innovation demand, and better support the release of the potential development vitality of the demand-side.

Adhere to the principle of quality and talent. We will firmly establish a high-quality development orientation and create a competitive advantage in intellectual property services with professionalism, quality, standards and brand as the core. Take talents as the first resource for the development of the industry, fully mobilize the enthusiasm and creativity of talents, and strengthen the endogenous impetus for the high-quality development of intellectual property service industry.

Adhere to deepening reform and innovative development. We should drive innovation by reform, lead development by innovation, deepen the reform of "deregulation and service", optimize industry access management, support industry opening and innovation, promote the application of new concepts and new technologies in the intellectual property service industry, and promote the development of new business forms and new models.

（3） Development objectives.

By 2030, the level of specialization, marketization and internationalization of the intellectual property service industry will be significantly improved, and a high-quality development pattern of the intellectual property service industry with rich formats, reasonable layout, standardized behavior, high-quality services and full-chain connectivity will be basically formed, which will become an important support for accelerating the construction of an intellectual property power and high-quality economic development.

——The development environment was comprehensively optimized. The legal and regulatory system, policy system and regulatory system of the intellectual property service industry are sound and complete, the industry supervision is more powerful, the violations of laws and regulations in key areas are significantly reduced, the industry satisfaction is significantly improved, and the standardized and orderly high-quality development environment of the industry is more perfect.

——The contribution of the industry continued to improve. The high-quality and diversified supply of intellectual property services has continued to expand. There are more than 2000 institutions above the designated size engaged in intellectual property services, the industry's operating income has exceeded 500 billion yuan, the number of employees in the intellectual property services industry has reached 1.5 million, the number of practicing patent agents has exceeded 50000, and the number of litigation talents has exceeded 8000. A number of intellectual property service industry cluster development demonstration zones that are integrated into industry, service innovation, and radiating across the country have been built.

——The service system is more sound. Patents, trademarks, copyrights, trade secrets, geographical indications, new varieties of plants, integrated circuit layout-design and other different types of intellectual property services and agencies, laws, operations, information, consulting and other types of intellectual property services have developed in an orderly manner, forming an intellectual property service system with complementary upstream and downstream advantages, coordinated development of multiple types of industries, and reasonable regional layout.

——The supporting effect was significantly enhanced. The construction of high-end, international, branding and standardization of intellectual property service industry has been accelerated, and it has been deeply integrated with the development of science and technology, industry, region and trade, and its supporting role for comprehensive innovation has become more prominent.

2、 Focus on the need for comprehensive innovation and stimulate high-quality development momentum

（4） Accelerate the integrated development of intellectual property services and industries. We will guide the intellectual property service industry to focus on key areas such as advanced manufacturing, provide intellectual property professional services for the industrial chain and innovation chain, encourage the convergence of intellectual property service resources to advanced manufacturing clusters, promote the integration and innovation of patents and standards, promote the strong combination of high-quality intellectual property service brands and advanced manufacturing brands, and help key core technology breakthroughs and intellectual property layout breakthroughs. We will promote the intellectual property service industry to face agriculture and rural areas, establish a supply and demand docking mechanism, serve to ensure the technical breakthrough of agriculture and improved varieties of forest and grass, promote the benefit of new plant varieties to farmers, support the geographical indication protection project and the geographical indication agricultural product protection project, and promote the geographical indication to help rural revitalization. Encourage the integrated development of intellectual property service industry and modern service industries such as R&D and design, financial services, inspection and testing, and innovate the intellectual property service model integrated into the development of modern service industry and digital economy. Deepen the construction of national patent navigation service base and promote the deep integration of intellectual property services into industrial innovation and development.

（5） Promote the intellectual property service industry to support regional coordinated development. We should guide the scientific layout and coordinated development of the intellectual property service industry, enhance the ability to serve regional economic development, and actively integrate into regional coordinated development strategies and major regional strategies. Promote the intellectual property service industry in the eastern region to take the lead in climbing to the high-end of the value chain, and improve the radiation-driven ability and internationalization level. Encourage the central and northeast regions to expand the scale of intellectual property services and improve the service level. We will support the introduction and cultivation of high-quality intellectual property service resources in the western region, and accelerate efforts to make up for service weaknesses. Support the Beijing-Tianjin-Hebei, Yangtze River Delta, Guangdong-Hong Kong-Macao Greater Bay Area, Chengdu-Chongqing double-city economic circle and other regions to build an international service highland for intellectual property. We should encourage cross-regional cooperation in intellectual property services and promote the gradient transfer and orderly undertaking of intellectual property services. Promote the optimization and upgrading of the intellectual property service cluster, focus on the regional industrial advantages, and build the brand of intellectual property service cluster.

（6） Guide the intellectual property service industry to support the innovative development of enterprises and institutions. Promote the precise connection between the high-quality resources of intellectual property services and the needs of enterprises, update the service concept, innovate the service model, and support the innovative development of enterprises. We will promote intellectual property service institutions to strengthen high-level service supply, help large enterprises accelerate their international layout, deeply integrate into the global industrial chain and supply chain, improve their international competitiveness, and accelerate the construction of world-class enterprises. We should encourage intellectual property service institutions to deeply explore the needs of specialized small and medium-sized enterprises, and help enterprises carry out high-value patent layout, trademark brand cultivation, copyright achievement transformation, intellectual property risk prevention, etc. Promote intellectual property service institutions to deeply participate in the whole process of innovation in colleges and universities, actively serve the national strategic scientific and technological forces, give play to the collaborative innovation effect of production, education, research and application, and strive to break through the key core technologies and common technologies that restrict industrial development.

（7） Promote the intellectual property service industry to promote the high-quality development of trade. Promote the intellectual property service industry to expand the scale, optimize the structure, enhance the ability of foreign-related intellectual property services, and provide professional services for enterprise product export, overseas investment, technical cooperation, brand export, standard promotion, etc. Accelerate the construction of intellectual property service export base and cultivate and develop intellectual property service trade. We will support qualified intellectual property service institutions to set up branches or representative offices overseas, and encourage high-level foreign institutions to come to China to provide intellectual property services. We will deepen the pilot reform of the establishment of permanent representative offices in China by foreign patent agencies. We will support the pilot reform and opening up of the intellectual property service industry in the national independent innovation demonstration zone, the free trade pilot zone, the national high-quality manufacturing development pilot zone, the service trade innovation development pilot area, and the national service industry expansion and opening up comprehensive pilot area.

3、 Build a new service system and optimize the supply of high-quality services

（8） Improve the supply capacity of high-quality services. Implement the cultivation of intellectual property service subjects. Cultivate small intellectual property service institutions to develop in the direction of refinement and specialization, and provide customized services for innovation subjects. Cultivate medium-sized intellectual property service institutions to develop in the direction of specialization and high-end, and build influential professional service institutions. Cultivate large-scale intellectual property service institutions to develop in the direction of integration and internationalization, build a service group with international competitiveness, and provide full-chain intellectual property services. Carry out brand value promotion actions for intellectual property services, guide service institutions to strengthen brand awareness, strengthen brand publicity and promotion, and improve awareness and reputation. Support intellectual property service institutions to carry out technological innovation and product innovation, implement high-quality, whole-process and refined management, strengthen the development and utilization of new technologies in the intellectual property service industry, and improve the professional, digital and intelligent level of intellectual property services.

（9） Optimize intellectual property agency services. Promote intellectual property agency services to establish a competitive orientation of quality first, and resolutely resist illegal and illegal acts such as irregular patent applications and malicious trademark applications. Focusing on the efficient use and high-level protection, we will optimize the quality and structure of patent agency service supply, and lay a solid foundation for the enterprise's high-value patent layout, innovation achievements protection, and market application income. Improve the service level of trademark agency and accelerate the transformation from service trademark application and registration to diversified services such as brand planning, cultivation and management. Promote the healthy development of intellectual property agency services such as copyright, geographical indication, new plant varieties, integrated circuit layout design, etc.

（10） We will deepen legal services for intellectual property. Give full play to the role of lawyers and other legal service teams, and promote the in-depth development of legal services such as intellectual property litigation agency, rights protection assistance, mediation and so on in the direction of specialization, guided by better safeguarding the legitimate rights and interests of market subjects. Encourage the expansion of intellectual property legal services in business activities such as enterprise mergers and acquisitions, reorganization, liquidation, investment and financing, strengthen intellectual property due diligence services, study and develop intellectual property due diligence guidelines for venture capital, and better provide support for intellectual property innovation and entrepreneurship. With the goal of providing better services to meet the needs of high-level opening up, expand overseas intellectual property protection services, support service institutions to participate in overseas early warning of intellectual property rights and assistance in the protection of foreign-related intellectual property rights, promote enterprises to become more familiar with and better use the international rules of intellectual property rights, and escort enterprises to "go global".

（11） Expand intellectual property operation services. Guided by the promotion of the realization of the market value of intellectual property, we will build and improve the intellectual property operation service system and cultivate and develop intellectual property operation institutions. Accelerate the development of intellectual property licensing, transfer and other transaction brokerage services, and smooth the flow of intellectual property transactions. Actively and steadily develop intellectual property finance, expand value-added services such as intellectual property investment and financing, insurance, securitization, trust and guarantee, and promote the effective integration of technological and capital elements. Support the integration and development of intellectual property assessment services and information, consulting and other services, and provide important support for various investment and financing activities and evaluation of scientific and technological achievements. Encourage service institutions to actively participate in or lead the construction of patent pool, and help innovation entities improve their core competitive advantages.

（12） Improve intellectual property information services. Guided by improving the specialization and intelligence of intellectual property services, we will support the construction of commercial intellectual property databases and the development of application products, enhance the ability of intellectual property information dissemination and utilization, and encourage all kinds of information service platforms to play their advantages, pool forces, and improve the efficiency and competitiveness of comprehensive services. We will encourage market-oriented intellectual property service institutions to strengthen the in-depth development of intellectual property information resources, promote the interconnection of intellectual property information and industrial and economic information, and improve the ability of data resource integration and processing analysis. Protect the security of intellectual property information according to law and promote the healthy development of intellectual property information services.

（13） Expand intellectual property consulting services. Guided by promoting the improvement of the scientific management level of intellectual property of innovation and market entities, accelerate the cultivation of professional intellectual property consulting institutions, actively expand the field of intellectual property consulting services, and vigorously develop professional services such as intellectual property strategic consulting, management consulting, and practical consulting. The intellectual property consulting service institutions are encouraged to focus on the needs of industrial development and carry out in-depth professional services such as patent navigation, standard implementation, and standard essential patent guidance. We will encourage market-oriented intellectual property service institutions to carry out public intellectual property consulting services and help strengthen the awareness of intellectual property rights of the whole people.

（14） Promote the development of new formats and models. Guided by better meeting the personalized and diversified service needs of market entities, we will support intellectual property service institutions to use modern information and digital technologies such as big data, cloud computing, blockchain, artificial intelligence, etc., cultivate service formats, innovate service products, expand service models, refine service division, develop smart services, and form competitive advantages and new growth points of intellectual property service industry. Focus on strategic frontier areas, build diversified application scenarios, develop full-chain intellectual property services, integrate intellectual property service functions, and provide integrated intellectual property solutions for innovation entities.

4、 Deepen the reform of "release management and service" and optimize the high-quality development environment

（15） Optimize industry access. We will improve the conditions for persons without patent agent qualifications to serve as shareholders of patent agencies. Promote the optimization and adjustment of defense patent agencies. Smooth the channel for the transformation of patent agency partnership into limited liability company. We will improve the filing system for the practice of patent agents, optimize and improve the conditions for the practice of patent agents, and explore to treat the experience of intellectual property management in enterprises, universities and scientific research institutions as internship experience. Study and improve the conditions for the registration of trademark agencies and practitioners. Standardize the order of copyright agency.

（16） Strengthen government supervision. Promote and improve the regulatory laws and regulations system of intellectual property service industry. For violations of laws and regulations that have a bad social impact and seriously undermine the order of the industry, we will carry out in-depth special rectification actions, highlight personnel supervision, and guide the healthy and standardized development of service institutions. Innovate and enrich regulatory tools, enhance regulatory efficiency, deepen "double random and one open" regulation, and form a comprehensive effect of standardizing business behavior, reducing law enforcement costs, and strengthening regulatory deterrence. We will deepen credit supervision, implement credit evaluation of intellectual property services, and improve the credit joint punishment and incentive mechanism. Promote the supervision of big data, strengthen the monitoring of relevant data such as review, law enforcement and justice, improve the monitoring mechanism of service quality, and improve the accuracy and effectiveness of supervision.

（17） Improve industry self-discipline. We will improve local intellectual property service industry organizations and promote the construction of comprehensive national intellectual property service industry organizations. We will improve the industry self-discipline system, strengthen the industry self-discipline management, actively cooperate with the government departments to implement linkage supervision on non-standard behaviors, and explore the evaluation of employees' abilities. Strengthen the role of industrial organizations in policy formulation, publicity and implementation, and reflection of industrial demands, and promote the benign interaction between government departments and service institutions. Formulate business guidelines related to the intellectual property service industry, and develop the model text of the contract for the promotion of intellectual property services. Set up intellectual property voluntary service network to support public welfare agency and maintenance