国务院关于进一步加强知识产权保护工作的决定 DECISION OF THE STATE COUNCIL OF THE PEOPLES REPUBLIC OF CHINA ON FURTHER STRE

y to strengthen the work of protecting intellectual property in the import and export of new technologies and new products. Where an item of technology or a product is imported from abroad， a comprehensive investigation should be carried out of the status of the relevant technology or product in respect of intellectual property in order to avoid infringement disputes or other losses. Where an item of new technology or a new product is exported， proper inquiries should also be made with respect to intellectual property so that after the technology or product is exported it may not be copied by others or infringe the intellectual property of others.

　　It is necessary to strengthen the examination， approval and administration referring to the joint ventures which manufacture and distribute the processing products of brand-name audio-visual materials imported or supplied by clients abroad. Where an enterprise is entrusted by a foreign firm with such activities， it should find out through the relevant intellectual property administrative authority or service agency whether the foreign firm is the lawful proprietor of the particular item of intellectual property and has the right to its use， and it should be stipulated in the contract the liability in a litigation when the enterprise is accused by a third party of infringement for the activities of processing brand-name audio-visual products or manufacturing and distributing such products while performing the contract， and the liability for making compensation where the accusation is found tenable.

　　6. The various trades should take the strengthening of intellectual property work as an important measure for promoting the scientific-technological progress and economic development within the trade. Each trade should， according to its actual state of scientific， technological and economic development， actively carry out studies on its own intellectual property strategy and management in order to lend guidance to the adjustment of the product catalogue， scientific research and production throughout the trade. In re

spect of those trades with little capability of autonomous research and development， such as the pharmaceutical， chemical and computer software trades， a preferential policy should be adopted to increase the input of funds for research and development and raise its capability and level of autonomous research and development.

　　7. The departments responsible for various plans of scientific-technological development should take intellectual property work as an important link in the management of their plans and formulate a unified intellectual property strategy in the light of the execution and development of the plans， and should in particular strengthen the investigation and analysis of intellectual property in the fields related to the plans and the corresponding study of countermeasures， so that the intellectual property work will run through the entire process of planning projects' approving， achievements' legal protecting and their commercialization， industrialization and internationalization.

　　8. Enterprises and institutions should take the protection of intellectual property as an important content of establishing a modern system of enterprises and a modern system of scientific research institutes， heighten their consciousness of intellectual property， abide by the intellectual property laws and regulations， channel the strengthening of intellectual property protection into line with their own work in research， development， production， operation and internal management， and shaping these into corresponding systems.

　　The research and development of new techniques， new technology， and new products as well as the technical transformation of enterprises and institutions should be closely combined with intellectual property work. They should make use of information on intellectual property to formulate correct strategies of research， development， production and operation and decide on an appropriate direction of research and technical line， raise the starting point， level and efficiency of research and development and avoid the emergence of unnecessary repetitive developments or the arising of infringement disputes in scientific research and in production.

　　9. The various categories of trade associations in the scientific， technical， economic and cultural fields， together with specialized public organizations concerning intellectual property and socialized service organizations， are an important force in promoting the implementation of intellectual property laws and strengthening the work in intellectual property protection. It is necessary to encourage and support the development of these organization， steer them towards utilizing their flexible mechanisms and， geared to the needs of society， provide various kinds of intellectual property law consulting and other services. A number of legal service organizations concerning intellectual property should be set up to assist interested parties in the investigation of infringing acts and the gathering of evidence so that the relevant disputes may be resolved through legal channels. The departments concerned of the government should fully bring into play the initiative of these organizations so that they may become capable assistants of the administrative authorities in protecting intellectual property.

　　10. At present， it is necessary to vigorously strengthen the training of specialists in the field of intellectual property and the work of popularizing knowledge on intellectual property protection among the vast numbers of leading cadres and the masses. The administrative authorities for intellectual property and departments in charge of scientific， technological， economic and cultural affairs should carry out in-depth disseminations about intellectual property in combination with the Second Five Year Plan for the Popularization of Legal Knowledge and strengthen education in respect of the legal system concerning intellectual property.

The media should intensify the reporting on intellectual protection and fulfil satisfactorily the tasks of propagation， education， and supervision through public opinion. Enterprises and institutions should bring intellectual property law into line with their educational plans for popularization of legal knowledge. It is necessary to gradually heighten the consciousness of intellectual property protection and the related sense of legality in society as a whole through in-depth， sustained dissemination and education， so as to create a salutary social environment favourable to the protection of intellectual property.

　　11. The departments concerned of the State Council may formulate， on the basis of this Decision， specific rules for strengthening the intellectual property work in enterprises and institutions

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