Shenzhen Aims to Be A Template for IP Protection
Recently, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council have jointly issued the Implementation Plan for Comprehensive Pilot Reforms of Building Shenzhen into a Template Pilot Area of Socialism with Chinese Characteristics (2020-2025).
The plan pledged to grant greater autonomy to Shenzhen to carry out reforms in important areas and key sectors, support Shenzhen to promote reform and opening-up at a higher starting point, higher level, and higher goals, take the lead in improving all aspects of the system, and build high-quality development institutions and mechanisms, facilitate the modernization of governance systems and governance capabilities, accelerate the formation of a new pattern of comprehensive deepening of reforms and expansion of opening-up, promote higher-level cooperation between Shenzhen and Hong Kong, strengthen the core engine functions in the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, and strive to create a template city in an effort to build a modern socialist powerhouse.
In terms of IP work, the plan clarifies that it is necessary to build a template city for IP protection. Specific measures are: carry out pilot projects for the legal protection of new IP, improve the protection system for digital IP such as Internet information, explore the establishment and improvement of evidence disclosure, evidence obstruction exclusion and preponderance of the evidence rules, and establish a punitive damage system for intellectual property infringement. Explore the implementation of the transfer system of burden of proof in some IP cases. Implement credit-based hierarchical and classified supervision in the field of IP.
In addition, the plan also requires speeding up the improvement of relevant systems for the transformation of technological achievements. Reform scientific research project establishment and organization methods, and establish mechanisms for scientific and technological project selection, funding allocation, and achievement evaluation that are mainly determined by the market. Deepen the reform of the right to use, to dispose of, and benefit from scientific and technological achievements, and take the lead in exploring ways to grant scientific research personnel the right to use or long-term use of scientific and technological achievements, evaluation of achievements, and income distribution. Explore the transfer of patent rights for scientific and technological achievements of government-funded projects to inventors or designers, small and medium-sized enterprises and the benefit distribution mechanism, and improve the benefit distribution mechanism for the transformation of scientific research achievements of state-owned enterprises. Improve the public trading and supervision system for the transformation of technological achievements.