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Printing and distributing the implementation measures for the record of national intellectual property information public service network
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Printing and distributing the implementation measures for the record of national intellectual property information public service network

  • Number of Views:
  • Date:2021-01-18

(Summary description)Article 2 The term "public service network of intellectual property information" as mentioned in these Measures refers to the socialized information service institutions that provide public services of intellectual property information to innovation and entrepreneurship entit

Printing and distributing the implementation measures for the record of national intellectual property information public service network

(Summary description)Article 2 The term "public service network of intellectual property information" as mentioned in these Measures refers to the socialized information service institutions that provide public services of intellectual property information to innovation and entrepreneurship entit

  • Number of Views:
  • Date:2021-01-18
Information

In order to implement the opinions on accelerating the construction of public service system of intellectual property information under the new situation (gzfz [2019] No. 46), make overall arrangements for the construction of national public service network of intellectual property information, organize the public service network of intellectual property, and improve the convenience and accessibility of public service of intellectual property information, the office of the State Intellectual Property Office recently issued the National Intellectual Property Office The full text is as follows:
Measures for the implementation of the state intellectual property information public service network filing
Chapter one
General
Article 1 in order to make overall arrangement for the construction of national intellectual property information public service network, these measures are formulated in accordance with several opinions on accelerating the construction of intellectual property information public service system under the new situation (gzfz [2019] No. 46).
Article 2 The term "public service network of intellectual property information" as mentioned in these Measures refers to the socialized information service institutions that provide public services of intellectual property information to innovation and entrepreneurship entities and the public, including universities, scientific research institutes, public libraries, scientific and technological information institutions, industry organizations, industrial park productivity promotion institutions and relevant market-oriented service institutions. It is the national intellectual property information network It is an important part of the public service system.
Article 3 the public service network of intellectual property information can become the national public service network of intellectual property information through the State Intellectual Property Office, or become the provincial public service network of intellectual property information through the Provincial Intellectual Property Office.
Article 4 The public service department of the State Intellectual Property Office is responsible for the filing of the national intellectual property information public service network, and establishes a collaborative linkage mechanism with the Ministry of education, the Ministry of science and technology, the Ministry of industry and information technology, the Ministry of culture and tourism, the Chinese Academy of Sciences and the National Defense Intellectual Property Office, as well as the Provincial Intellectual Property management departments to jointly promote the national intellectual property information Public service network construction work.
Each Provincial Intellectual Property Office is responsible for the identification and management of Provincial Intellectual property information public service outlets within its jurisdiction, and recommends qualified service institutions to the State Intellectual Property Office to apply for the national intellectual property information public service outlets.
Chapter two
Record of national intellectual property information public service network
Article 5 a service institution that applies for filing a state intellectual property information public service network shall meet the following conditions:
(1) It has a professional intellectual property information service team, with 5 or more full-time staff with strong professional quality and rich experience and some part-time staff.
(2) The public service system of intellectual property information is sound, and it has the ability to carry out online and offline services for the whole country. It can make full use of the basic information resources of intellectual property to provide free or low-cost public services of intellectual property information for innovation and entrepreneurship subjects and the public. It has successful cases and certain social impact.
(3) It has the site, network environment, hardware equipment, system software and other infrastructure suitable for carrying out intellectual property information public service. The institutions providing public services for trademark information shall have trademark databases and information retrieval tools built, purchased or leased by themselves, and be able to provide services such as trademark information inquiry, retrieval, consultation and training; Institutions providing patent information public services shall have self built, purchased or leased domestic and foreign patent literature resources, relevant databases and information analysis tools, and be able to provide patent information inquiry, retrieval, consultation, analysis, training and other services; Institutions that provide public information services on multiple categories of intellectual property, such as trademarks, patents and geographical indications, shall have the ability to comprehensively utilize the basic information resources and databases of intellectual property to provide information inquiry, retrieval and consultation services.
Article 6 the filing materials of the state intellectual property information public service network include:
(1) Application form for filing of national intellectual property information public service network (see Annex 1);
(2) Relevant work system.
The service institution of the national intellectual property information public service network shall be responsible for the authenticity and legality of the filing materials.
Article 7 the state intellectual property information public service network adopts the form of online filing, including the following three situations:
(1) Service institutions that have become provincial public service outlets of intellectual property information shall submit filing materials to the local Provincial Intellectual Property Office, and the Provincial Intellectual Property Office shall recommend them to the State Intellectual Property Office;
(2) The service institutions directly managed by the relevant industry competent departments shall submit the filing materials to their industry competent departments, and the relevant industry competent departments shall recommend them to the State Intellectual Property Office on a preferential basis;
(3) National industry organizations and other service institutions directly submit filing materials to the State Intellectual Property Office.
The State Intellectual Property Office shall record the qualified service institutions, and publicize the basic information of the service institutions and the list of service items of intellectual property information on the Internet.
Article 8 in principle, the state intellectual property information public service network shall be put on record once a year, and the period of validity of the record shall be three years. Upon expiration, an application for renewal of three years may be made. The directory of national intellectual property information public service network shall be subject to the website of the State Intellectual Property Office.
Article 9 in case of any change in the name, place, main person in charge, contact information, main service items and other important information of the filing institution of the state intellectual property information public service network, it is necessary to report to the relevant competent department of the industry, the local provincial intellectual property administration department or the State Intellectual Property Office in time for the change.
Chapter three
Identification of Provincial Intellectual property information public service network
Article 10 a service institution that applies for provincial public service network of intellectual property information shall meet the following conditions:
(1) It has a professional intellectual property information service team, with 3 or more experienced full-time staff and some part-time staff.
(2) The public service system of intellectual property information is sound, and it has the ability to carry out the public service of intellectual property information for the province. It can use the basic information resources of intellectual property to provide free or low-cost public service of intellectual property information for innovation and entrepreneurship subjects and the public.
(3) It has the site, network environment, hardware equipment, system software and other infrastructure suitable for carrying out intellectual property information public service. Institutions that provide public services for trademark information shall be able to use the basic trademark information resources, trademark databases and trademark information retrieval tools to provide services such as trademark information inquiry, retrieval, consultation and training; Institutions providing patent information public services shall be able to use patent basic information resources, domestic and foreign literature resources, patent databases and patent information analysis tools to provide patent information inquiry, retrieval, consultation, training and other services; Institutions that provide public information services on multiple intellectual property categories such as trademarks, patents and geographical indications shall be able to make comprehensive use of basic intellectual property information resources and databases to provide information inquiry, retrieval and consultation services.
Chapter four
Security and management
Article 11 The State Intellectual Property Office (SIPO) shall provide guidance to the public service network of intellectual property information in terms of service capacity improvement, such as personnel training and business specification formulation; in terms of data resources, it shall provide basic data resources such as trademarks, patents and geographical indications; in terms of sharing and exchange, it shall organize and carry out forums, seminars and exchange activities, etc; Coordinate with relevant industry authorities to provide resource support to service agencies in the industry.
All provincial intellectual property offices should actively strive for policy and financial support from local governments to jointly promote the large-scale, hierarchical and standardized development of intellectual property information public service outlets.
Article 12 the State Intellectual Property Office and the provincial intellectual property offices shall strengthen the publicity and promotion of public service outlets of intellectual property information, and guide the service outlets to develop in a scientific and orderly manner in combination with regional advantages, local needs and their own characteristics.
Article 13 The institutions directly under the State Intellectual Property Office and the intellectual property information public service institutions under the intellectual property management departments at all levels, as the backbone network nodes of the intellectual property information public service system, should give full play to the role of the main channel, radiate and support the intellectual property information public service network within the jurisdiction, provide basic data support, and develop intellectual property information Information analysis and retrieval tools, public welfare training on information utilization, and enabling public service outlets of intellectual property information.
Article 14 in carrying out basic information public services such as information inquiry, information retrieval, affairs consultation, public welfare training and policy publicity, intellectual property information public service outlets shall, in combination with their own characteristics and advantages, and in accordance with regional characteristics and resource advantages, provide featured, personalized and differentiated services in intellectual property fields such as trademarks, patents and geographical indications.
Article 15 Encourage and support the construction of intellectual property information public service network, develop or use the existing intellectual property information platform and information analysis tools of characteristic industries, actively explore and carry out high-end services or value-added services such as information analysis, information early warning and industrial development consultation in specific industries or regions, and develop intellectual property information analysis tools and build intellectual property information services as needed The platform and thematic database help innovation and entrepreneurship, and provide advisory services for government decision-making.
Article 16 the intellectual property administrative departments below the provincial level may, in combination with the actual situation, carry out the cultivation of public service network of intellectual property information.
Article 17 the state intellectual property information public service network shall fill in the work summary form (see Annex 2) before the end of December of each year, and submit it to the State Intellectual Property Office after being examined and approved by the recommendation department. The state intellectual property information public service network that fails to carry out public service work in accordance with the relevant provisions of these Measures shall make timely rectification, and the rectification period shall be half a year. If it still fails to meet the relevant provisions of these measures upon expiration, the State Intellectual Property Office shall cancel the state intellectual property information public service network for filing.
Article 18 for those who provide false materials in the process of filing, or carry out commercial business activities unrelated to the public service of intellectual property in the name of national intellectual property information public service network, or engage in illegal activities, the filing will be terminated or cancelled once found. A service institution whose record has been cancelled shall not submit another application for record within three years.
Chapter five
supplementary articles
Article 19 the technology and Innovation Support Center (TISC) and the national intellectual property information service center of colleges and universities are important outlets of the intellectual property information public service system. TISC is a project under the development agenda framework of the World Intellectual Property Organization (WIPO), which aims to help Chinese intellectual property and innovation users improve their technical information retrieval ability, grasp industry trends and new technology information more quickly, and enhance their innovation ability; The national intellectual property information service center of colleges and universities aims to provide high-quality intellectual property information services, and provide the whole process services for the creation, application, protection and management of intellectual property in Colleges and universities. TISC and the national intellectual property information service center of colleges and universities will no longer record the public service network of intellectual property information. The national intellectual property information public service network with outstanding service ability can apply for identification as TISC and university national intellectual property information service center.
Article 20 before the institutional reform in 2018, patent information dissemination and utilization base and national patent literature service network identified by the State Intellectual Property Office may voluntarily participate in the identification in accordance with these measures.
Article 21 each Provincial Intellectual Property Office may, in accordance with the conditions listed in Article 10 of these measures and in combination with the local actual situation, formulate the administrative measures for the construction of local intellectual property information public service outlets, and specify the relevant provisions on the identification procedures, application materials, guarantee and management methods of Provincial Intellectual property information public service outlets.
Article 22 these Measures shall be interpreted by the public service department of the State Intellectual Property Office and shall come into effect as of the date of promulgation.

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    Copyright: Beijing Law Intellectual Property Agency Co., Ltd.          Powered by www.300.cn​         京ICP备09099344号-1