National regular meeting: through the draft of patent law amendment to fight against infringement

Premier Li Keqiang presided over the executive meeting of the State Council on December 5, and decided to promote a number of reform measures to promote innovation and more stimulate innovation and creativity; passed the amendment to the patent law of the people's Republic of China (Draft), effectively protected property rights and effectively cracked down on infringement; passed the emergency regulations on production safety accidents (Draft) The meeting pointed out that in accordance with the deployment of the CPC Central Committee and the State Council, eight regions, including Beijing, Tianjin, Hebei, Shanghai and Guangdong, have carried out the first trial of the reform measures to promote innovation Last year, the first 13 reform initiatives have been launched nationwide It was decided at the meeting that a further batch of 23 new reform measures should be replicated and promoted in a larger scale, and more efforts should be made to activate innovation resources, stimulate innovation activities and foster new momentum for development Among them, the national promotion mainly includes: first, strengthening the incentive of scientific and technological achievements transformation It is allowed that the management and scientific research personnel of the transformed institutions and institutions hold the equity in the form of "technology shares + cash shares" Introduce technical managers to participate in the whole process of achievement transformation Universities and scientific research institutes are encouraged to take part in technological research by means of orders Second, we will innovate the financial services for science and technology, and open up financing channels for small and medium-sized science and technology enterprises, including light assets and unprofitable enterprises We will promote the investment of government equity funds in seed and start-up technology enterprises The entrepreneurship and innovation team can agree to buy back the equity held by the government investment fund according to the investment principal and commercial loan interest in the same period We will encourage the development of insurance products such as patent enforcement insurance and patent infringement loss insurance, so as to reduce the infringement loss of innovation subjects Third, improve scientific research management We will promote the operation of state-owned scientific research instruments and equipment in a market-oriented way and realize open sharing Establish a fault tolerance mechanism for innovative decision-making At the same time, the three reform measures that were originally piloted in individual regions were extended to all eight regions that took the lead, including giving a certain proportion of scientific and technological achievements to scientific researchers, setting up scientific and technological innovation boards in regional equity markets, and allowing local universities to independently introduce talents and evaluate professional titles The meeting called for strengthening the follow-up and evaluation of the above-mentioned batch promotion and other pilot reform measures, summarizing experience, improving policies, deepening reform, and giving greater play to the important role of scientific and technological innovation in promoting high-quality development In order to further strengthen the protection of the legitimate rights and interests of patentees, improve the mechanism and system of incentive for invention and creation, and upgrade the mature practice of effective patent protection into law, the meeting adopted the amendment (Draft) to the patent law of the people's Republic of China The draft focuses on strengthening the crackdown on the infringement of intellectual property rights, drawing on international practices, substantially increasing the amount of compensation and fines for intentional infringement and counterfeiting of patents, significantly increasing the cost of infringement and deterring illegal acts; it clarifies the burden of proof for the infringer to cooperate with the provision of relevant information, and proposes that network service providers should bear joint and several liabilities if they fail to prevent the infringement in time The draft also clarifies the incentive mechanism for the inventor or designer to reasonably share the benefits of service invention creation, and improves the patent authorization system The meeting decided to refer the draft to the Standing Committee of the National People's Congress for deliberation The meeting passed the emergency regulations on production safety accidents (Draft) The draft clarifies the emergency work system under the unified leadership of the government at or above the county level, the division of responsibilities of the industry regulatory authorities, and the guidance and coordination of the comprehensive regulatory authorities, highlights the emergency disposal of major and major accidents, stipulates the requirements for the preparation and revision of emergency rescue plans and drills, the construction of emergency rescue teams, and emergency duty, and details the emergency rescue measures of the government and production and operation units.