On September 23, 2008, the Shanghai government issued the Several Opinions on Implementing the National Intellectual Property Strategy Outline in Shanghai. The Opinions aim to further implement the National Intellectual Property Strategy Outline.
The Opinions profess eight main goals, including:
Improving the local laws, regulations and policies that govern intellectual property rights (IP Rights);
- Promoting the innovation and utilization of IP Rights;
- Enhancing IP Rights protection;
- Strengthening IP Rights administration;
- Developing intermediary services for IP Rights;
- Training IP Rights professionals;
- Promoting a culture conducive to IP Rights; and
- Expanding domestic and international exchange and cooperation with regard to IP Rights.
According to the Opinions, the Shanghai government will enhance the local IP Rights system by expediting the rule-making process and creating more local regulations on IP Rights . For instance, it plans to revise its Patent Protection Rules and Science and Technology Improvement Rules. The Shanghai government will also incorporate protection for trademarks, copyright material and job-related inventions into its rule-making plan.
In addition, the Shanghai government will modify its policy of selectively subsidizing patents to reflect its preference for invention patents and industrialized technology patents. According to the Opinions, this modification stems from the demands of international market competition and the quality of IP Rights protection afforded overseas. The Shanghai government will also support enterprises’ trademark strategies and enhance protection of well-known marks. It will foster a group of trademarks in critical, high-technology and emerging industries, paying particular attention to the trademarks of agricultural products, and arrange for special funds to support the development and rejuvenation of traditional trademarks.
The Opinions emphasize judicial and administrative efforts to protect IP Rights. The government will continue to probe the ways of establishing special IP Rights courts to hear civil, criminal and administrative cases. Moreover, the government vows to improve the multi-channel resolution system for IP Rights disputes. The Shanghai IP Rights Assistance Center and the Copyright Dispute Mediation Center, in particular, will more directly and effectively support local enterprises in IP Rights disputes both at home and abroad. Additionally, the Shanghai government plans to establish an arbitration center for IP Rights disputes.
In terms of IP Rights intermediary services, the Opinions call for advancing the construction of the Shanghai IP Rights Park to provide comprehensive services to facilitate IP Rights transactions. The Shanghai government will also develop and support industry associations relating to the attainment, management and protection of IP Rights. Furthermore, the Opinions encourage enterprises to engage in value-added development by taking advantage of the available IP Rights resources, and recommend that small and medium enterprises, in particular, engage in IP Rights contract custody or outsourcing services.
In terms of training IP Rights professionals, the Shanghai government will train a group of expert judges familiar with IP Rights issues and foreign languages, and a group of IP Rights agents with in-depth technical knowledge and high ethical standards. The Shanghai government also encourages, and in some cases financially supports, students to study IP Rights-related disciplines overseas, and supports the employment of high-level IP Rights professionals from overseas.