In connection with the publication of the report on strengthening of national science and technology
Of intellectual property rights
State treasury [2003] number 94
Provinces, autonomous regions, municipalities directly under the central government, individual municipalities, sub-provincial municipal science and technology departments (commissions, bureaux), state council ministries, agencies directly attached to them, the xinjiang production and construction corps, and the relevant units:
In order to accelerate the implementation of the patent strategy, to further strengthen the management of intellectual property rights in the national science and technology programme, to maximize the impact of the intellectual property system in guiding, safeguarding and stimulating the national science and technology programme, to increase the country's total volume of autonomous intellectual property rights, and to promote the innovation of the national science and technology programme projects from a high point of view and the development of technology across the board, the ministry of science and technology has developed the regulations on the management of intellectual property rights in the national science and technology programme. I have the honour to transmit to you herewith the report of the secretary-general. Please contact my ministry in a timely manner for any problems that arise in the course of implementation。
Ministry of science and technology
April 4th, 2-3
On strengthening intellectual property rights in national science and technology programmes
Regulations for the management of technical work
With a view to accelerating the implementation of the patent strategy, making the intellectual property system fully operational as a guide, safeguard and incentive for national science and technology programmes, and promoting innovation and technology development at a high level, the following provisions are made for strengthening the management of intellectual property in national science and technology programmes:
I. Full implementation of the patent strategy in the application, formulation, implementation, acceptance and supervision of national science and technology programme projects. Science and technology programmes should identify intellectual property objectives according to their respective characteristics and include the acquisition, protection and application of intellectual property rights such as patents, new varieties of plants, copyright for computer software, and technology secrets as important elements of the management of scientific and technological programmes。
The science and technology administration, the science and technology programme management unit (including the programme management body within the science and technology administration, the organization of the science and technology programme project commissioned by the science and technology administration, etc.), the science and technology programme unit, and the individuals involved in the implementation of the project shall, in accordance with the requirements set out in this article, strengthen the intellectual property awareness, improve the level of management, clarify responsibilities and tasks, and ensure that the intellectual property management of the project is carried out。
In preparing the project guidelines for the science and technology programme, the science and technology administration should commission a survey of the state of intellectual property rights at home and abroad (including major countries and regions, leading research institutions and enterprises, etc.) in order to serve as a basis for the publication of the guidelines and as a reference for determining the project's research and development path, avoiding blindness and duplication in research and development。
Intellectual property surveys and analyses are made available to project applicants。
3. An applicant for a science and technology plan project shall have a well-developed intellectual property administration system, a dedicated institution or person responsible for intellectual property matters, a dedicated fund for intellectual property management and protection, and a dedicated intellectual property coordinator for applications for application development。
As a necessary condition for the processing of a project application, the applicant submits relevant material and information when declaring the project。
An application for a national science and technology plan project shall include in the project proposal a description of the intellectual property objectives to be achieved by the project, including the type, quantity and stage of acquisition of intellectual property rights through research and development, together with an analytical basis for intellectual property retrieval。
5. The science and technology administration should include intellectual property rights as a stand-alone indicator in the science and technology plan project appraisal indicator system, and should reasonably determine the weight of intellectual property indicators in the overall evaluation indicator system。
In organizing the project evaluation, the science and technology plan management unit shall, as necessary, engage intellectual property experts or commission intellectual property intermediaries to aggregate and assess the feasibility of the intellectual property objectives of the applicant for the same project and use the results as a basis for the project evaluation。
The specific intellectual property objectives and tasks of the project shall be specified in the project contract or in the plan assignment for the approved project。
6. When issuing letters of assignment or signing contracts, the science and technology administration shall expressly agree on the rights of the state over the results of research and the management of its intellectual property rights, in respect of projects of national security, national interest and vital public interest, and shall designate institutions responsible for the management of results and their intellectual property rights, while guaranteeing the moral rights, rewards and remuneration to which research and development personnel are entitled under laws and policies。
Following the issuance of the national science and technology plan project, the unit responsible for the project shall strengthen its intellectual property administration in accordance with the following requirements:
(i) designate a person responsible for the administration of the intellectual property rights of the project and entrust an intellectual property intermediary, as necessary, with the application for protection of intellectual property rights。
(ii) in the case of information generated during project implementation, the custody and use of data, the performance of protection procedures such as patent applications, registration of new plant varieties, software registration, etc., the responsible unit should make clear provisions for the timely, accurate and effective protection of the various forms of results generated at the various stages of project implementation. In the case of potential patented scientific research projects, the responsible unit shall establish a system of registration and review of the publication of papers to ensure that the results of the research are eligible for patent review。
(iii) detailed provisions on intellectual property ownership of projects to ensure that intellectual property ownership of the results of national science and technology programmes is clear. These include: the implementation of national projects on the basis of the scientific and technical achievements of the unit, the boundaries between the results of the national projects and the results already achieved; the rights and interests of the technology transferer in the course of the project; and the rights and interests of third parties in the execution of the project in cooperation with or on transfer to third parties. The technical contracts entered into by the obligated unit with third parties for the execution of the project are filed with the department of science and technology administration。
(iv) follow intellectual property developments in this area during project implementation and adapt research strategies and measures in a timely manner. For projects aimed at obtaining autonomous intellectual property rights (iprs), where the original technology target has been applied for intellectual property protection and has lost its value for continuing research, the science and technology programme management unit should be requested to report in a timely manner to the science and technology administration to reorient its research and development programme。
(v) arrange for project participants to participate in intellectual property training, explain the project's intellectual property management policy to the persons concerned, and enter into agreements on intellectual property ownership of the project, the preservation and use of information and data, and the obligation of confidentiality of technical secrets。
8. The science and technology administration and the science and technology programme management unit shall monitor the management of intellectual property rights in the implementation of the project and shall be an important element of the medium-term inspection. The science and technology plan management unit shall evaluate the intellectual property work of the project's host unit in the context of a contract or plan letter of assignment and shall submit a status report to the science and technology administration; the report shall include the overall progress, the main problems and further measures to be taken。
9. In organizing the acceptance of a project, the science and technology administration shall evaluate the management and protection of the project's intellectual property rights on the basis of the intellectual property objectives set out in the project contract or the terms of reference, either by drawing on intellectual property experts as required or by commissioning an intellectual property intermediary。
At the time of acceptance, the project's host should submit a list of intellectual property rights resulting from the project, including papers, data, technical secrets of generic technologies, patents, new varieties of plants, intellectual property applications, reviews, registrations or authorizations of software, and a description of the intellectual property relationship with third parties in the development of the project. A report of the failure to fulfil the objectives of intellectual property agreed to in the contract or in the mission plan shall be provided。
The costs of intellectual property services, such as the costs of obtaining the relevant intellectual property rights as a result of research and research projects, are generally borne by the project unit. Funds for intellectual property services may be included in the national science and technology plan project to cover costs such as patent applications and maintenance。
With the approval of the financial authorities, expenditure on intellectual property services can be made on the financing of national scientific research programmes, to supplement the insurance units for projects that have serious problems covering the above-mentioned costs, and to fund foreign patent applications and maintenance costs that have the potential to capture important patents that are important to the international patent competition system。
With regard to the results of scientific and technological projects that have a significant impact on the country's scientific, economic and social development, it is important to make active use of the patent priority review mechanism to speed up the review process and protect the interests of the state in accordance with the law。
Xi. The results of the research carried out by the national science and technology plan project and the intellectual property rights it generates, in addition to those relating to national security, national interests and vital social and public interests, are awarded by the state to the project unit. The unit responsible for the project may, in accordance with the law, decide on its own execution, permit others to carry it out, transfer it, enter it at a price, etc., and obtain the corresponding proceeds。
Xii. The science and technology administration should study and develop policy measures to reward and prioritize new project evaluation units that are responsible for the quality and quantity of intellectual property acquired by the national science and technology programme; establish and improve systems of intellectual property statistics and bulletins for the planned project; provide the public with an intellectual property information platform on the results of the planned project; and promote the diffusion and application of the planned project results。
13. In order to promote the industrial development and application of planned projects, the science and technology administration should direct the project's sponsors to establish an intellectual property (technical) alliance with enterprises in the relevant industries for the purpose of project development and transfer to industrial areas. At the research and development stage, the scientific and technological projects and autonomous innovation activities carried out by the various units of the union achieve a rational division of labour, synergy and agreement on the principle of sharing intellectual property rights; at the application stage following acquisition of intellectual property rights, the units provide the complete technological rights underpinning industrial development through mutual licensing。
Innovative science and technology activities of the intellectual property union are supported in particular by various programmes for the industrialization of scientific and technological results, the science and technology smes innovation fund, etc。
14. The science and technology administration should conduct training on intellectual property in conjunction with the relevant departments. Long-term training programmes, training in intellectual property theory, operational practices and strategic applications for different audiences, basic training for project implementers and the preparation of patent statements, professional training in the management methods, tools, programmes and evaluation of intellectual property rights for the intellectual property managers system, and awareness-raising and professional intellectual property management of project managers and project managers on the legal knowledge and strategic concepts of intellectual property, among others。
15. The science and technology administration and the science and technology programme management unit should play the role of an intellectual property intermediation service to enable and regulate scientific and technological research and analysis, encourage the scientific and technical information agencies concerned to process and collect patent and non-proprietary technology information relevant to the industry, and form a network of priority intermediaries to provide high-quality services for science and technology programmes, so as to integrate new, analytical, intellectual property claims and protections with scientific and technological innovation activities。
The science and technology administration should establish national science and technology programme priority areas and a dedicated intellectual property information base, which could be commissioned to build or build up, as needed, scientific and technological information institutions, research institutions, follow relevant intellectual property developments at home and abroad, and provide information services for the intellectual property work of the project-bearers。
Xvi. The ministry of science and technology's integrated planning unit and the policy and regulatory department have revised and improved the management system of the relevant scientific and technological programmes in accordance with this provision and are responsible for monitoring inspections。
