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Chapter I General Provisions
Article 1
For the purposes of implementing the strategy of invigorating the city
through science and education, promoting the work of intellectual property
rights of enterprises in this Municipality, and enhancing the core competitive
power of enterprises, these Procedures are formulated in accordance with the
spirit of the¡°Notice of the Shanghai Municipal People¡¯s Government about
Printing and Distributing the¡®Suggestions on Further Strengthening the
Intellectual Property Rights Work in this Municipality¡¯¡±.
Article 2
This Municipality shall organize and launch the project of establishing
intellectual property rights exemplary enterprises, encourage the establishment
of intellectual property rights exemplary enterprises, and raise the level of
the work of intellectual property rights of enterprises in this Municipality in
all-round way by setting up typical examples, summarizing the experience, and
spreading the demonstrations.
Article 3
The intellectual property rights mentioned in these Procedures refers to
patents, trademarks, copyright, commercial secrets, technical know-how,
geographic indications, layout designs of integrated circuits, etc.
Article 4
These Procedures shall apply to all kinds of enterprises with independent
corporate capacity in the manufacturing industry and the modern service industry
of this Municipality.
Chapter II Organizing Organs and Their Functions and Funds
Article 5
The Municipal Economic Commission shall be the competent administrative
department in charge of the project of establishing intellectual property rights
exemplary enterprises in the whole Municipality. The Shanghai Municipal
Commission for Promotion of Project of Establishing Intellectual Property Rights
Exemplary Enterprises shall be established by the Municipal Economic Commission,
the Municipal Intellectual Property Bureau, the Municipal Administration of
Industry and Commerce, the Municipal Copyright Bureau, the Municipal State-owned
Assets Supervision and Administration Commission and the Municipal Finance
Bureau. An office shall be set up under the Shanghai Municipal Commission for
Promotion of Project of Establishing Intellectual Property Rights Exemplary
Enterprises, and all above-mentioned departments shall dispatch a person
/persons to work in the office. The office shall be specifically responsible for
the daily work of the project of establishing intellectual property rights
exemplary enterprises in this Municipality.
Article 6
The functions of the Shanghai Municipal Commission for Promotion of Project
of Establishing Intellectual Property Rights Exemplary Enterprises are as
follows:
1. To be responsible for the decision-making for major issues of the project
of establishing intellectual property rights exemplary enterprises;
2. To formulate the promotion plan of the project of establishing
intellectual property rights exemplary enterprises; and
3. To insure the necessary auxiliary funds for the project of establishing
intellectual property rights exemplary enterprises.
Article 7
The functions of the Office of the Shanghai Municipal Commission for
Promotion of Project of Establishing Intellectual Property Rights Exemplary
Enterprises are as follows:
1. To be responsible for the promotion of the project of establishing
intellectual property rights exemplary enterprises;
2. To conduct the establishment and affirmation of intellectual property
rights exemplary enterprises;
3. To summarize and spread the experience of exemplary enterprises, and
direct the overall work thereof;
4. To carry out the work of publicity, training and commendation, and scheme
some large-scale activities of special-topic that have large influence; and
5. To manage the necessary auxiliary funds for the project of establishing
intellectual property rights exemplary enterprises.
Article 8
The necessary auxiliary funds for the project of establishing intellectual
property rights exemplary enterprises in this Municipality shall be mainly used
for the establishment, promotion, demonstration, publicity, commendation, and
reward and encouragement thereof, as well as relevant subsidies to the exemplary
enterprises.
Chapter III Requirements for the Establishment of Intellectual Property
Rights Exemplary Enterprises, Tasks and Preferential Measures
Article 9
An intellectual property rights exemplary enterprise shall meet the following
requirements:
1. To have comparatively large operation scale, and be among the best
successful enterprises of the same trade in the technical level of products,
market shares, economic returns and service quality;
2. Having set up the intellectual property rights system and the
administration organization with specially-assigned full-time staff, and having
set up effective operation mechanism;
3. To have the innovative research and development capacity of its own, take
the lead in the key technology, and possess the core technology with
intellectual property rights of its own;
4. Having drawn up intellectual property rights strategy and brought the
creation, possession, utilization, management and protection of intellectual
property rights into all links of the administration of the enterprise;
5. Its trademark enjoys comparatively high reputation and recognition of the
public, and efforts have been vigorously made to establish its trademark to be a
Chinese Well-known Brand or a Shanghai Famous Brand; and
6. Having paid attention to the enforcement of intellectual property rights
and achieved obvious returns, and formed special features in the work of
intellectual property rights with the demonstrative effect and value for
dissemination and application.
Article 10
The tasks of an intellectual property rights exemplary enterprise are:
1. To formulate and implement the intellectual property rights strategy that
is appropriate for the characteristics of the enterprise to enhance the core
competitive power of the enterprise, and make use of the intellectual property
rights strategy to gain and expand the market, so as to gain leverage in the
competition at home and abroad;
2. To improve the technical innovation system, cultivate the core technology
with intellectual property rights of its own, pay attention to the autonomous
innovation or secondary development of frontier technology, and participate in
the cooperation in technological innovation at home and abroad;
3. To make full use of patent documents and patent information, grasp the new
development and trend of technology, formulate corresponding technological
research and development strategy, and set up patent information database that
is appropriate for its own characteristics;
4. To raise the amount and technological contents of the intellectual
property rights of its own, quicken the formation of core intellectual property
rights group, and enhance the sustainable development capacity of the
enterprise;
5. To set up an encouragement mechanism, and in accordance with the relevant
provisions of laws and regulations of the State and this Municipality, for the
application of patent, the putting into practice of patent, and the transfer and
licensing of the patented technology and copyright, give reward and
encouragement and remuneration to the inventor, designer or copyright owner, and
at the meantime, formulate relevant provisions to raise the level of reward and
encouragement;
6. To adopt administration and protection system for trademark, formulate the
cultivation and development plan of trademark, and actively establish its
trademark to be Chinese Well-known Brand or Shanghai Famous Brand; and
7. To summarize the experience in the search, application, utilization,
administration and protection of intellectual property rights, and attach
importance to the integrated use of patent, trademark and copyright, so as to
strengthen the capacity of utilizing intellectual property rights.
Article 11
The enterprise affirmed as Shanghai Intellectual Property Rights Exemplary
Enterprise may enjoy the following preferential measures:
1. Subsidies for the expenses paid for the establishment of exemplary
enterprise;
2. Subsidies for the expenses paid for the construction of patent information
database;
3. Subsidies for the expenses paid for the application for patent and
copyright, the affirmation of well-known brand and famous brand, and
registration of software developed by itself; and
4. The exemplary enterprise with excellent achievements shall be commended
and encouraged.
Chapter IV Application for, Affirmation and Re-examination of Intellectual
Property Rights Exemplary Enterprises
Article 12
The enterprise that complies with the requirements for the project of
establishing intellectual property rights exemplary enterprise in this
Municipality may apply for the participation in the activity of the
establishment project, and shall be brought into the cultivation list of the
establishment project after examination and ratification by the Office of the
Shanghai Municipal Commission for Promotion of Project of Establishing
Intellectual Property Rights Exemplary Enterprises.
Article 13
The affirmation procedures of intellectual property rights exemplary
enterprises shall be: the application by the enterprises, preliminary
examination of the establishment, cultivation and selection, affirmation and
plate-awarding, and regular announcement.
Article 14
The¡°Application Form for Shanghai Intellectual Property Rights Exemplary
Enterprise¡±filled in by the enterprise shall be submitted to the Office of the
Shanghai Municipal Commission for Promotion of Project of Establishing
Intellectual Property Rights Exemplary Enterprises, the district/county economic
department or the intellectual property department in three copies. The
enterprise with a competent administrative department, enterprise subordinating
to a holding (group) company or enterprise in a municipal-level development zone
shall apply for the affirmation with the Office of the Shanghai Municipal
Commission for Promotion of Project of Establishing Intellectual Property Rights
Exemplary Enterprises through its corresponding competent administrative
department, holding (group) company or administrative committee of development
zone respectively. Where the enterprise applies for the affirmation with the
Office of the Shanghai Municipal Commission for Promotion of Project of
Establishing Intellectual Property Rights Exemplary Enterprises through its
corresponding competent administrative department, holding (group) company or
administrative committee of development zone, the unit that accepts and handles
the application shall, after conducting preliminary examination of and gathering
the application materials of the enterprise, submit the application to the
Office of the Shanghai Municipal Commission for Promotion of Project of
Establishing Intellectual Property Rights Exemplary Enterprises.
State-owned or State-owned holding enterprise shall report the situation of
establishing intellectual property rights exemplary enterprise to the
State-owned assets supervision and administration organ for the record.
Article 15
The Office of the Shanghai Municipal Commission for Promotion of Project of
Establishing Intellectual Property Rights Exemplary Enterprises shall, according
to the requirements provided in these Procedures, examine and verify the
application materials, and conduct on-spot inspection of the enterprise that
applies for the affirmation.
Article 16
An enterprise affirmed as a qualified intellectual property rights exemplary
enterprise by the Office of the Shanghai Municipal Commission for Promotion of
Project of Establishing Intellectual Property Rights Exemplary Enterprises shall
be announced by the Municipal Economic Commission, the Municipal Intellectual
Property Bureau, the Municipal Administration of Industry and Commerce, the
Municipal Copyright Bureau, the Municipal State-owned Assets Supervision and
Administration Commission and the Municipal Finance Bureau jointly, and be
awarded the Certificate of Affirmed Shanghai Intellectual Property Rights
Exemplary Enterprise and the bronze plate of Shanghai Intellectual Property
Rights Exemplary Enterprise.
Article 17
The affirmed intellectual property rights exemplary enterprise shall be
re-examined once every year. Where an enterprise that is re-examined is
unqualified, its enjoyment of preferential measures shall be suspended. Where an
enterprise is unqualified for two times of re-examination, its qualification as
an intellectual property rights exemplary enterprise shall be cancelled.
Article 18
Where an affirmed enterprise has employed trickery in the application or
re-examination, its affirmed qualification shall be cancelled and its
application for the affirmation shall not be accepted and handled in two years.
Chapter V Supplementary Provision
Article 19
These Procedures shall become effective upon the approval of the Municipal
People¡¯s Government. |
