Original title: Shandong Provincial Market Supervision Administration Shandong Provincial Department of Finance on the issuance of Shandong Province intellectual property protection standardized e-commerce platform cultivation project implementation rules (for trial) notice
Chapter 1  General Rules

Article 1 For the purpose of implementing the "General Office of the Communist Party of China Central Committee State Council issued the "Opinions on Strengthening Intellectual Property Rights Opinions on Strengthening the Protection of Intellectual Property Rights" (Zhongban Fa [2019] No. 56), "Shandong Provincial People's Government on the issuance of the implementation of the "six stable" "six guarantees" to promote high-quality development policy list (the fourth batch) of the notice" (Lu Zhengfa [2021] No. 13) In order to effectively guide e-commerce platforms to implement the national standard of "Management of Intellectual Property Protection for E-commerce Platforms", carry out the cultivation project of standardized e-commerce platforms for intellectual property protection (hereinafter referred to as the cultivation project), and improve the level of intellectual property protection for e-commerce platforms, the implementation rules are formulated.

Second The implementation rules referred to as intellectual property protection standardized e-commerce platform cultivation project, is to guide the conductive business platform to implement the "e-commerce platform intellectual property protection management" national standards, through the standardization of means to strengthen the management of intellectual property protection of e-commerce, standardize the intellectual property protection of e-commerce platform industry, and to promote the intellectual property rights management department, the e-commerce platform operator

Article 3 Cultivation projects to implement the "unified standards, scientific assessment, merit-based support" principle. Cultivation project financial support work by the Provincial Market Supervision Bureau, the Provincial Department of Finance in accordance with the division of responsibilities. Among them, the Provincial Market Supervision Bureau is responsible for the collection, evaluation, announcement, project establishment, acceptance and evaluation of the incubation program; the Provincial Department of Finance is responsible for the fund-raising management, disbursement and performance evaluation.

Chapter II  Acceptance and evaluation

Article 4 The e-commerce platform is the main body of the incubation project, should be jointly commissioned by the intellectual property service organizations to declare.

Article 5 The e-commerce platform shall have the following conditions to declare the cultivation project:

(1) The operator of the e-commerce platform is a legal person or an unincorporated organization registered according to the law in the administrative area of Shandong Province;

(2) It has a large business volume, has a certain impact in Shandong Province, and has a strong demand for intellectual property protection;

(3) It has a certain foundation for intellectual property protection work;

(3) It has a certain foundation for intellectual property protection work. ) has a certain foundation of intellectual property protection work;

(iv) has signed a cooperation agreement related to intellectual property protection with an intellectual property service organization;

(v) a third-party e-commerce platform is preferred.

Article 6 Intellectual property service organizations shall meet the following conditions:

(a) intellectual property service organizations registered and established in accordance with the law within the administrative region of Shandong Province;

(b) have professional personnel resources in line with the requirements of the project (with staff familiar with intellectual property rights such as patents, trademarks, copyrights, geographical indications and other intellectual property business);

(c) have the experience and ability to carry out the work of the incubation program.

Article VII  Declaration of the incubation program audit recommendations

Declaration materials shall be sent to the reporting unit of the City Market Supervision Bureau audit, the City Market Supervision Bureau issued a review of the recommended opinion of the declaration of the declaration of the validity of the declaration.

Article VIII Declaration of the acceptance of the incubation project

(a) the Provincial Market Supervision Bureau is responsible for the unified acceptance of e-commerce platforms submitted by the incubation project declaration materials, the reporting unit should be notified annually in the specified period, according to the prescribed format for the submission of the declaration materials;

(b) apply for funding of e-commerce platforms should be submitted to project declarations and related supporting materials should include project implementation plan, project expected goals, etc.

(c) IP service organizations entrusted with cooperation shall submit qualification certificates, descriptions of professional service capabilities and other required materials.

Article IX Declare the evaluation of the incubation project

(a) the provincial market supervision bureau of the audit of the declared projects, the organization of expert review, merit assessment of the implementation of the project.

(2) experts on the necessity of the incubation project, whether to meet the reporting conditions, as well as the expected goals and effectiveness of the incubation project assessment review, if necessary, you can ask the e-commerce platform to defend in person, submit additional materials or on-site verification of the situation.

Article X Declaration of incubation project publicity

Provincial Market Supervision Bureau of the review of the relevant materials, put forward the list of incubation projects, through the Provincial Market Supervision Bureau website publicity for five working days. If there is no objection to the public announcement, it will be determined as the object of funding. There are objections, the Provincial Market Supervision Bureau to organize a review, the objection is established, the cancellation of the reporting unit funding eligibility, and in accordance with the results of the expert review deferred replacement.

Chapter III  Project Implementation and Funding Criteria

Article 11 The main contents of the cultivation project include:

(a) the establishment of the e-commerce platform intellectual property management system. Set up intellectual property management organization and equipped with full-time and part-time personnel or entrusted intellectual property service organizations to manage on behalf of, provide publicity, training, communication, guidance and other services.

(2) Strengthening the internal system construction of e-commerce platforms. E-commerce platform operators are guided to record information on merchants' proof of identity and commitment to intellectual property compliance when they enter the platform, and to guide merchants in displaying intellectual property information on the goods or services they provide; e-commerce platform operators are guided to improve the rules for the protection of intellectual property rights.

(3) Establishing and operating online dispute resolution mechanisms for intellectual property disputes, and commissioning intellectual property service organizations to carry out consulting work for the determination of intellectual property infringement.

(d) building an e-commerce network information system. It realizes the functions of acceptance and management of infringement notices, management of consumer reports and complaints, collection and recording of electronic evidence, retrieval of intellectual property record information, export of suspected infringing merchants and commodity information and other information required for law enforcement and supervision, mediation of intellectual property disputes, and intelligent monitoring of infringement information.

Article XII Cultivation projects merit selection of 10 e-commerce platform, the provincial financial aid to each given 200,000 yuan. Can be used for the construction of e-commerce network information system, the establishment of e-commerce platform intellectual property management system, improve the internal system, intellectual property dispute resolution expert advice and intellectual property protection business training and publicity.

Chapter IV  Project Performance Objectives, Evaluation and Acceptance

Article 13 Performance Objectives to be Achieved by the Unit Undertaking the Cultivation Project:

To meet the normative requirements of the National Standard for Intellectual Property Rights Protection and Management of E-Commerce Platforms, and to fulfill the responsibilities and obligations of e-commerce platforms and their related main bodies. standardized protection and management of intellectual property rights, platform operators and operators within the platform manage and use intellectual property rights well, and consumers and the public respect and understand intellectual property rights.

Article XIV The Provincial Market Supervision Bureau is responsible for tracking the progress and completion of regulatory cultivation projects, and supervision and management, and the organization of the final acceptance. Provincial Market Supervision Bureau, the Provincial Department of Finance on the project analysis report, work summary report and the implementation of funds for performance evaluation. Declare the e-commerce platform can not be completed in accordance with the requirements of the project implementation, within three years to cancel the qualification to apply for the project and recover the project subsidy funds.

Article XV The project undertaker shall comply with the provisions of the relevant financial system of the state and Shandong Province, and accept the provincial financial, audit, market supervision bureau and other management departments of supervision and inspection. The arbitrage, retention or misappropriation of financial funds and other violations of financial regulations, in accordance with the "Regulations on Penalties and Punishments for Fiscal Violations" (State Council Decree No. 427) and other relevant laws and regulations in accordance with the law. For the unit that has been determined by the provincial and above audit and financial supervision and inspection agencies that there is a breach of trust and misconduct, the provincial finance will include the unit in the credit negative list management.

Chapter V  By-laws

Article XVI  This method is responsible for the interpretation of the Shandong Provincial Market Supervision Administration, Shandong Provincial Department of Finance.

Article XVII  These Measures shall come into force on the date of publication and shall be valid until November 30, 2022.