Original Title: Notice of the General Office of the People’s Government of Shandong Province on Issuing the Shandong Province “14th Five-Year” Plan for Intellectual Property Protection and Utilization
Shandong Province “14th Five-Year” Plan for Intellectual Property Protection and Utilization
To thoroughly implement the decisions and arrangements of the Central Committee of the Communist Party of China and the State Council regarding the strengthening of intellectual property work, earnestly carry out the relevant work requirements of the Provincial Party Committee and the Provincial Government, and accelerate the construction of a province strong in intellectual property, this plan is formulated in accordance with the “Outline of the 14th Five-Year Plan for National Economic and Social Development of Shandong Province and Long-Range Objectives Through the Year 2035.”
I. General Requirements
(1) Guiding Principles. Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will fully implement the spirit of the 19th National Congress of the Communist Party of China and the second, third, fourth, and fifth plenary sessions of the 19th Central Committee. We will coordinate the advancement of the “Five-Sphere Integrated Plan” and the “Four Comprehensives” strategic layout. Grounded in the new stage of development, we will implement the new development philosophy and build a new development paradigm. Focusing on the decision-making and deployment regarding “leading the way in seven areas” and ““Nine Breakthroughs for a Strong Province,” guided by high-quality development, aiming to build a province strong in intellectual property, and focusing on strengthening the protection and utilization of intellectual property. We will comprehensively enhance the quality of intellectual property creation, the effectiveness of protection, the benefits of utilization, the level of management, and the capacity for services, thereby providing strong support for accelerating the construction of a modern, strong province in the new era.
(2) Basic Principles.
1. Adhere to a market-oriented approach. Fully leverage the decisive role of the market in resource allocation, optimize the allocation of innovation resources with the market as the guide, highlight the central role of enterprises as the main drivers of innovation, stimulate innovative vitality, and foster an environment conducive to intellectual property development. Innovate intellectual property systems and mechanisms to enhance the effectiveness of intellectual property protection and utilization.
2. Prioritize Quality. Refine policy orientations for high-quality creation, high-standard protection, high-efficiency utilization, and high-quality services of intellectual property. Promote the deep integration of innovation, industry, and value, thereby providing support for the construction of an innovative province.
3. Uphold coordinated planning. Plan the development of the intellectual property sector from a holistic perspective, promoting efficient and coordinated development of intellectual property across regions and industries. Focus on key regions, industries, enterprises, and fields, implement categorized guidance, and promote high-quality intellectual property supply.
4. Uphold openness and cooperation. Strengthen internal and external linkages, promote the interconnection, dissemination, and utilization of basic intellectual property information, deepen international cooperation and exchanges, and build a new development pattern of regional collaboration, mutual benefit, and shared intellectual property.
(III) Main Objectives. By 2025, Shandong Province’s comprehensive intellectual property capabilities will be comprehensively enhanced, and its intellectual property governance capacity and standards will reach a leading domestic level. This will create a favorable institutional environment for the province’s high-quality development and the construction of a modern economic system, and provide a “Qilu Model” for building a country strong in intellectual property.
1. The intellectual property protection environment will be further optimized. The system of intellectual property laws and policies will be more complete, and protection measures will be more robust, forming an intellectual property protection system that integrates judicial protection, administrative protection, arbitration and mediation, rights protection assistance, and industry self-regulation. Public awareness of intellectual property protection will be strong, and public satisfaction with intellectual property protection will significantly improve.
2. The benefits derived from the utilization of intellectual property have been further enhanced. The intellectual property operation service system has been improved, intellectual property operation mechanisms have been innovated, and channels for the transfer and commercialization of intellectual property have been streamlined. Intellectual property financial services have been strengthened, with rapid growth in intellectual property investment and financing volumes and the full realization of market value, leading to the formation of a number of high-value-added, green, and low-carbon intellectual property-intensive industries.
3. The level of intellectual property services has been further elevated. The public intellectual property service system has become more robust, the public service network more comprehensive, the scope of services expanded, and service providers more diverse, essentially establishing a specialized, high-end, and international intellectual property service system.
4. The intellectual property talent pool has been further expanded. A diversified, multi-tiered talent development system has been established to cultivate a large, well-structured, and high-caliber team of intellectual property professionals. Efforts to cultivate leading intellectual property talent have been intensified, and the development of multidisciplinary and practical intellectual property professionals has been accelerated.
II. Main Tasks
(I) Strengthen the Design of the Intellectual Property System.
1. Consolidate the legal foundation for intellectual property. Promote the revision of local regulations and government rules such as the “Shandong Province Patent Regulations,” “Shandong Province Intellectual Property Promotion Regulations,” “Shandong Province Copyright Protection Regulations,” and “Shandong Province Measures for the Handling and Mediation of Patent Disputes.”
2. Improve the intellectual property policy framework. Refine policies incentivizing intellectual property creation and establish an incentive mechanism centered on high-value creation. Improve intellectual property protection policies and establish a policy framework for non-litigation dispute resolution. Introduce policy measures to strengthen full-chain intellectual property protection and establish an emergency information notification mechanism for major cross-border intellectual property disputes. Improve the construction of the intellectual property credit system. Establish and improve intellectual property protection systems for new business models and emerging fields. Refine policies on the utilization of intellectual property and deepen reforms of intellectual property ownership and benefit-sharing mechanisms.
(II) Strengthen Intellectual Property Protection.
1. Strengthen administrative protection of intellectual property. Launch special campaigns for intellectual property administrative law enforcement, further intensify efforts to investigate and punish intellectual property infringement, and conduct concentrated crackdowns in product sectors where public complaints are intense, social media attention is high, and infringement and counterfeiting are rampant.Strengthen intellectual property protection by customs authorities and crack down severely on cross-border infringement. Intensify copyright enforcement, improve mechanisms for investigating and addressing copyright infringement, and enhance regulatory oversight, with a focus on investigating major cases and conducting specialized campaigns. Strengthen professional training for intellectual property administrative law enforcement teams to improve their ability to identify infringement and counterfeiting and make professional determinations of infringement. Strengthen the development of intellectual property protection centers; by the end of 2025, strive to establish 3–5 new national-level intellectual property protection centers and rapid rights protection centers, and continuously expand the scope of pre-examination authorization.
2. Improve coordinated intellectual property protection. Establish mechanisms for the integration of litigation and mediation, arbitration and mediation, administrative law enforcement and mediation, as well as multi-departmental consultation and collaboration. Implement measures such as information sharing, case referrals, professional support, and follow-up supervision to ensure effective coordination between administrative law enforcement and criminal justice, thereby forming a synergistic enforcement effort. Advance the development of the intellectual property rapid rights protection mechanism in the China (Shandong) Pilot Free Trade Zone. Establish and improve the “blacklist” system for market entities’ integrity records, and refine the joint disciplinary mechanism for entities with poor credit.
3. Strengthen intellectual property protection in key areas. Enhance the development of self-regulatory mechanisms for intellectual property protection on e-commerce platforms, at trade fairs, and in specialized markets; establish a list of markets requiring special attention for intellectual property protection; guide specialized markets in establishing intellectual property protection mechanisms; and take necessary measures to swiftly address acts of infringement and counterfeiting. Prioritize the implementation of national standards for intellectual property protection management in the e-commerce sector, and guide platforms in implementing full-process management of intellectual property protection.
(3) Improving the Quality of Intellectual Property Creation.
1. Improve the quality of intellectual property creation. Standardize patent application, trademark registration, and copyright registration practices; establish and improve quality monitoring mechanisms; and guide innovation entities to refine their pre-application evaluation mechanisms for intellectual property.Establish and improve an intellectual property evaluation indicator system oriented toward high-value patents and brand trademarks. Focusing on “chokepoint” technologies, foster synergistic collaboration among industries, enterprises, universities, and research institutes to guide innovation resources toward high-quality intellectual property creation and promote the generation of high-value patents. Optimize intellectual property funding and incentive policies, with a focus on increasing support for the cultivation, transfer, and commercialization of high-value patents, as well as for intellectual property protection and public services.
2. Promote intellectual property management among innovation entities. Encourage innovation entities to strengthen the construction of standardized intellectual property management systems and enhance their comprehensive intellectual property management capabilities. Improve the intellectual property work systems of industrial enterprises, intensify efforts to cultivate enterprises with intellectual property advantages, and implement projects to strengthen enterprises, universities, and research institutes in intellectual property. Support enterprises in establishing decision-making mechanisms based on industrial and patent data to identify innovation pathways and enhance R&D capabilities.
(IV) Enhance IP Utilization Capabilities.
1. Improve the intellectual property operation system. Build the Shandong Intellectual Property Operation Center to high standards. Using Jinan, Qingdao, and Yantai—key cities for the development of intellectual property operation service systems—as pivotal nodes, establish branch operation centers to build a province-wide operation service network and create an international intellectual property operation service platform for Northeast Asia.
2. Promote the Transfer and Commercialization of Intellectual Property. Actively implement the National Patent Commercialization Special Plan, explore the implementation of open patent licensing systems and operational mechanisms, and broaden supply and demand channels for intellectual property commercialization. Relying on the Shandong Intellectual Property Operation Center, build an intellectual property operation database for universities and research institutes. Improve the construction of the provincial patent database for the transformation of new and old growth drivers, and prioritize the promotion of high-value patents to relevant enterprises. Promote the integration of patents and standards, establish a standards system based on proprietary intellectual property, and generate more standard-essential patents.Optimize intellectual property registration services, conduct patent product filing and data statistics, strengthen training for intellectual property operation professionals, and build an intellectual property operation system to form a “one platform, multiple centers, full-chain, integrated” patent operation system.
3. Optimize intellectual property financial services. Establish a project database for intellectual property pledge financing, conduct surveys on enterprises’ financing needs, and select small, medium, and micro enterprises with a solid foundation in intellectual property work and good credit standing for inclusion in the database. Facilitate bank-enterprise matchmaking for intellectual property pledge financing, encourage banking institutions to expand the scale of intellectual property pledge loans, and help alleviate financing difficulties for small, medium, and micro enterprises. Improve risk management mechanisms for intellectual property pledge financing and refine the mechanism for disposing of pledged assets. Promote the development of patent insurance and intellectual property securitization.
(V) Enhance the Level of Intellectual Property Services.
1. Improve the public intellectual property service system. Establish and improve a provincial-level intellectual property big data information service platform to promote the interconnection and interoperability of data on patents, trademarks, copyrights, new plant varieties, geographical indications, folk arts, genetic resources, and other elements.Construct an intellectual property big data center and an intellectual property information dissemination and utilization base in the Yellow River Basin to support the implementation of major national strategies for ecological protection and high-quality development in the region. Strengthen intellectual property information dissemination services for enterprises, particularly SMEs and micro-enterprises, and promptly release industry-related intellectual property analysis reports. Complete the construction of an intellectual property administrative law enforcement case management system and an intelligent detection system for intellectual property infringement and counterfeiting leads.
2. Expand and Strengthen the Intellectual Property Service Industry. Cultivate high-end intellectual property service institutions and build a market system for intellectual property services, promoting the implementation of national standards for patent agency services. Guided by the needs of scientific and technological innovation, enhance service levels in intellectual property analysis and evaluation, operation and implementation, assessment and trading, protection and rights enforcement, as well as investment and financing.Cultivate brand-name service providers, support the introduction of high-level intellectual property service institutions, and create new hubs and clusters for the service industry. Explore pilot reforms in the China (Shandong) Pilot Free Trade Zone to allow foreign nationals to take the patent agent qualification examination and permit foreign patent agencies to establish permanent representative offices in China.
3. Strengthen supervision of intellectual property services. Achieve full coverage of “double-random, public disclosure” supervision in the intellectual property service sector, focusing on cracking down on illegal activities such as unlicensed patent agency, malicious trademark agency, and soliciting business through improper means. Improve the collaborative supervision mechanism and, in conjunction with the enterprise annual report system, the list of businesses with abnormal operations, and the list of entities with serious violations and loss of credibility, implement joint disciplinary actions against entities with serious loss of credibility. Leverage the functions of intellectual property service industry associations to strengthen industry self-regulation and ensure compliance with laws and regulations.
(VI) Expand International Intellectual Property Exchanges.
1. Actively participate in international intellectual property exchanges. Actively pursue cooperation and exchanges with international organizations and intellectual property agencies in other countries and regions. Deepen scientific and technological industrial cooperation with traditional developed nations in Europe and the United States, as well as with Japan and South Korea and “Belt and Road” countries. Expand channels for international intellectual property cooperation and exchange, guiding enterprises to effectively leverage opportunities presented by the “Belt and Road” initiative and policies under the Regional Comprehensive Economic Partnership (RCEP) to support Shandong enterprises in “going global.”Strengthen exchanges among industry associations and service providers, and enhance intellectual property cooperation and exchanges with RCEP member states such as Japan and South Korea. Provide policy support for intellectual property transfer and commercialization in industrial parks jointly established by Japanese and South Korean enterprises and China.
2. Enhance international competitiveness in intellectual property. Encourage enterprises to actively pursue overseas intellectual property strategies and utilize the Patent Prosecution Highway (PPH)—particularly the China-Japan and China-Korea PPH programs—to accelerate the granting of patents for inventors or designers from our province who apply locally. Support enterprises in deeply integrating into the “Belt and Road” initiative, advance the implementation of intellectual property strategies in pilot free trade zones and the SCO Demonstration Zone, and establish new hubs for intellectual property openness.Strengthen cooperation with international organizations such as the World Intellectual Property Organization (WIPO) and expand the multi-point deployment of WIPO Technology and Innovation Support Centers (TISCs).
3. Establish a mechanism for addressing foreign-related intellectual property disputes. Establish 2–3 local branches of the National Guidance Center for Overseas Intellectual Property Disputes to build an efficient and convenient mechanism for protecting intellectual property rights overseas. Improve the service system for enterprises engaged in foreign trade, and conduct training and outreach on early warning systems for foreign-related intellectual property infringement. Establish and improve a mechanism for expert advisors on overseas rights protection, and cultivate a group of service providers specializing in foreign-related intellectual property rights protection.Strengthen inter-departmental coordination to effectively carry out intellectual property rights protection and service work in foreign-related fields, including import and export trade, international exhibitions, and enterprises’ participation in overseas exhibitions. Establish an overseas intellectual property rights protection assistance fund to effectively reduce enterprises’ costs for overseas rights protection. Explore the establishment of a database of overseas rights protection experts and provide high-end consulting services for overseas intellectual property rights protection.
(7) Promote the Development of Intellectual Property Culture and Talent.
1. Foster an Intellectual Property Culture.Promote an intellectual property culture characterized by “respect for knowledge, reverence for innovation, integrity and law-abiding conduct, and fair competition,” and foster the deep integration of intellectual property culture with innovation culture, traditional culture, and the culture of the rule of law. Conduct intellectual property outreach education to promote intellectual property awareness in enterprises, organizations, communities, schools, and online platforms. Establish a comprehensive intellectual property publicity framework, improve the intellectual property press release system, and build intellectual property communication platforms centered on government promotional activities and media coverage to enhance society-wide intellectual property awareness and foster a cultural atmosphere that respects intellectual property.
2. Strengthen the cultivation of intellectual property talent. Enhance the development of professional talent pools. Encourage and guide government departments, educational institutions, and industry associations to increase training efforts for professionals in intellectual property protection.Vigorously promote formal education in intellectual property, striving to establish intellectual property colleges or majors at 1–2 universities within the province. Strengthen the development of intellectual property think tanks and implement local standards for intellectual property talent training and competency requirements. Accelerate the construction of provincial-level intellectual property training bases, carry out joint training of intellectual property talent involving industry, academia, and research, and continuously advance distance education in intellectual property. Cultivate high-level talent in cross-border intellectual property to enhance enterprises’ capacity to address overseas intellectual property disputes.
III. Major Initiatives
(1) Implement the Intellectual Property Protection Enhancement Project. Improve the working mechanisms for high-standard intellectual property protection. Establish a policy orientation toward strict protection, build a comprehensive protection framework, break through key bottlenecks in rapid protection, and create a business environment conducive to equal protection.Accelerate the construction of national-level intellectual property protection centers and fully leverage their functions. Improve the diversified dispute resolution mechanism for intellectual property disputes, achieving full coverage of people’s mediation organizations and rights protection assistance organizations across all 16 cities in the province. Establish an online mechanism for linking litigation and mediation in intellectual property disputes, and strengthen the judicial confirmation of mediation agreements in such disputes. Promote the establishment of intellectual property protection alliances for key industries, and strengthen industry self-regulation and information sharing. Conduct risk prevention and control for overseas intellectual property infringement in key industries, and establish an overseas risk prevention and control system. Strengthen efficient inter-regional collaboration, and deepen cooperation in intellectual property law enforcement and resource sharing.
(2) Implement the Pilot Project for Patent Navigation in Key Industries. Improve the decision-making mechanism for patent navigation in emerging industries based on industrial and patent data.Promote the implementation of the series of national standards for patent navigation guidelines and encourage the integration of patent navigation into the innovation decision-making processes of various entities. Organize and carry out patent navigation for key industries, establish patent information databases, and support technological breakthroughs and innovative development within industrial clusters. Encourage enterprises to build industrialization-oriented patent portfolios through industry-academia-research collaboration and patent acquisitions, thereby fostering patent-intensive industries. Strengthen patent布局 for key core technologies. Establish and improve intellectual property management systems for science and technology programs, and strengthen intellectual property protection for achievements in scientific and technological breakthroughs regarding key core technologies. Build patent navigation service bases.
(3) Implement the Patent-Intensive Industry Cultivation Project. Develop a catalog of patent-intensive industries. Explore the certification of patent-intensive products, improve the mechanism for calculating and publishing the value added of patent-intensive industries, and guide the healthy development of these industries. Proactively align with industrial development needs, strengthen coordination and operational synergy between patent examination and industrial development policies, innovate examination service models for key advantageous industries or critical fields, and support the inclusion of industrial patents in the priority examination channel. Establish a patent statistical analysis system for patent-intensive industries and improve the industry cultivation mechanism.
(4) Implement the Trademark and Brand Development Project. Cultivate regional trademark brands for industrial clusters in new-type agriculture, advanced manufacturing, modern services, and new business models and formats. Encourage enterprises to strengthen trademark and brand asset management, guide export-oriented and overseas investment enterprises to register trademarks abroad, foster independent international brands, and expand into international markets. Encourage enterprises with independent trademarks to engage in overseas investment and international operations, establish global R&D, production, sales, and service systems, and enhance the international visibility and influence of their independent trademarks.
(5) Implement the Geographical Indication Protection and Utilization Project. Improve Shandong Province’s mechanism for the development and protection of geographical indications, organize and carry out province-wide special campaigns to rectify issues related to geographical indications, and severely crack down on infringement and counterfeiting of geographical indications. Strengthen efforts to identify and cultivate geographical indications, and thoroughly explore geographical indication resources and products. Implement plans to enhance the quality of geographical indications, cultivate trademark brands, and promote the utilization of geographical indications. Focus on the protection of agriculture-related intellectual property rights and improve the registration and protection mechanism for agricultural product geographical indications.Strengthen the protection of germplasm resources and improve the variety registration system. Establish and improve a system for full traceability of the origin and quality labeling of agricultural product geographical indications. Actively promote mutual recognition of agricultural product geographical indications between China and the EU to safeguard the rights and interests of products on the list in overseas markets.
(6) Implement the Copyright Innovation and Development Project. Improve the system for the registration of works. Establish a reward mechanism for outstanding registered works.Develop competitive and distinctive copyright industries such as news publishing, radio and television broadcasting, audio-visual products, and arts and crafts, and foster a group of large enterprises with independent copyrights and diversified investment entities. Cultivate modern creative industries such as animation and gaming, online media, cultural entertainment, and advertising design, as well as technology-based copyright industries such as computer software and information networks. Build an integrated platform for copyright registration, certification, trading, protection, and services. Expand channels for international cooperation and promotion of copyrighted works, and promote the global outreach of our province’s outstanding works.
IV. Support Measures
(1) Strengthen Organizational Leadership. Fully leverage the role of the Provincial Government’s Leading Group for the Implementation of the Intellectual Property Strategy. The Provincial Market Regulation Bureau shall take the lead in organizing and implementing the plan, clarifying responsibilities, ensuring close coordination, refining supporting policies, and promoting the effective implementation of the plan. Establish and improve mechanisms for advancing intellectual property work in all cities, counties (cities, districts) to ensure the orderly progress of all tasks.
(2) Strengthen Financial Support. Enhance coordination between provincial, municipal, and county-level fiscal budgets and the implementation of the plan, providing reasonable financial support for plan implementation through existing funding channels. Encourage investment from social capital to gradually form a diversified intellectual property financing system characterized by government guidance, market leadership, and social participation.
(3) Strengthen Monitoring and Evaluation. Enhance tracking, monitoring, and effectiveness evaluation of the plan’s implementation. Improve third-party monitoring and periodic evaluation mechanisms for plan implementation, widely solicit policy needs from innovation entities and service providers, promote the establishment of a dynamic adjustment mechanism for plan objectives and tasks, and promptly identify and resolve issues arising during implementation. Strengthen publicity and policy interpretation, and promptly summarize and promote exemplary practices.
