Regulations of Shanxi Province on Intellectual Property Protection

Chapter I General Provisions Article 1 In order to strengthen the protection of intellectual property rights, stimulate the vitality of innovation and entrepreneurship, and promote high-quality transformation and development, these Regulations are formulated in accordance with relevant laws and administrative regulations and combined with the actual situation of this province. Article 2 The term "intellectual property rights" as mentioned in these Regulations refers to the exclusive rights enjoyed by the obligee to the following objects according to law:

(1) works;

(2) Inventions, utility models and designs;

(3) Trademarks;

(4) Geographical indications;

(5) Business secrets;

(6) Layout design of integrated circuits;

(7) New plant varieties;

(8) Other objects prescribed by law. Article 3 The people's governments at or above the county level shall strengthen their leadership in intellectual property protection, incorporate intellectual property protection into the national economic and social development plan, improve the intellectual property protection system, and include the required funds in the fiscal budget at the corresponding level. Article 4 The market supervision and administration department of the people's government at or above the county level shall be responsible for the protection of intellectual property rights of patents, trademarks, geographical indications, trade secrets and layout-design of integrated circuits and related work.

The departments of agriculture, rural areas, forestry and grassland of the people's governments at or above the county level are responsible for the protection of intellectual property rights of new plant varieties and related work.

The copyright administrative department at or above the county level shall be responsible for the protection of copyright intellectual property rights and related work.

Development and reform, industry and information technology, education, science and technology, public security, judicial administration, commerce, culture and tourism, Internet communication, customs and other relevant departments shall, according to their respective responsibilities, do a good job in intellectual property protection.

The departments specified in the first, second and third paragraphs of this article are hereinafter collectively referred to as the departments responsible for intellectual property protection. Article 5 People's governments at or above the county level and relevant departments shall strengthen the publicity and popularization of intellectual property protection, enhance the awareness and ability of intellectual property protection in the whole society, and create an intellectual property protection environment that respects intellectual value, advocates innovation, and is honest and law-abiding.

Encourage the news media to carry out public welfare publicity on intellectual property protection. Article 6 People's governments at or above the county level shall, in accordance with relevant regulations, commend and reward units and individuals that have made outstanding contributions to the protection of intellectual property rights. Article 7 Encourage and support social forces to participate in the work related to intellectual property protection, provide intellectual property protection assistance and provide intellectual property protection services. Chapter II Working Mechanism Article 8 The provincial people's government shall co-ordinate the implementation of the province's intellectual property strategy, establish a joint meeting system for intellectual property protection, and coordinate and solve major problems in intellectual property protection.

The people's governments of cities and counties (cities, districts) with districts shall establish a coordination mechanism for intellectual property protection. Article 9 The provincial people's government shall establish an assessment mechanism for intellectual property protection, and assess the performance of the people's governments of cities and counties (cities, districts), departments responsible for intellectual property protection and other relevant departments in accordance with the law. Article 10 The provincial people's government shall establish a cooperation mechanism for intellectual property protection with other provinces, improve the working procedures such as filing assistance, investigation and evidence collection, mutual recognition of evidence, and emergency response, and realize the interaction between intellectual property protection information, law enforcement and supervision. Eleventh provincial intellectual property protection departments shall, jointly with the provincial departments of industry and information technology, commerce, science and technology, formulate and improve the procedures and rules for the review of intellectual property transfer involved in technology export, and regulate the foreign transfer of intellectual property rights. Twelfth this province should establish and improve a diversified mechanism for handling intellectual property disputes, and solve intellectual property disputes through independent consultation, administrative adjudication, mediation, arbitration and litigation.

Encourage intellectual property dispute resolution institutions to use network information technology to solve intellectual property disputes online. Thirteenth this province to establish and improve the intellectual property protection administrative law enforcement and judicial convergence mechanism, promote the administrative organs and judicial organs in illegal clues, monitoring data, typical cases and other aspects of information exchange * * * to enjoy. Chapter III Administrative Protection Article 14 The competent department of intellectual property protection shall guide natural persons, legal persons and unincorporated organizations to safeguard their legitimate rights and interests by means of copyright registration, patent application, trademark registration, application for geographical indications and application for new plant varieties.

The competent department of intellectual property protection shall deal with illegal acts of intellectual property rights such as abnormal patent application and malicious application for trademark registration according to law. Fifteenth provincial people's government market supervision and management department shall establish and improve the province's key trademark protection list system, and include registered trademarks with high visibility, great market influence and easy infringement and counterfeiting into the scope of key protection. Sixteenth provincial copyright management departments shall, according to the list of key protection of copyright early warning issued by relevant state departments, issue copyright early warning tips to major network service providers and strengthen infringement monitoring. Seventeenth people's governments at or above the county level shall encourage the application for registration of geographical indication trademarks and geographical indication products, and strengthen the management of the use of geographical indications.

Encourage and guide natural persons, legal persons and unincorporated organizations to use collective trademarks and certification trademarks of geographical indications. Article 18 The market supervision and administration department of the people's government at or above the county level shall guide business operators to enhance their awareness of business secret management and take reasonable protective measures to prevent the disclosure of business secrets. Nineteenth people's governments at or above the county level shall strengthen the protection of time-honored products, skills and services.