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ZC032023000

Z. Z. G. (2023) No. 1

　　Circular of the Intellectual Property Office of Zengcheng District, Guangzhou Municipality on Issuing the Measures for the Management of Special Funds for IPR Work in Zengcheng District and Zengcheng Economic and Technological Development Zone, Guangzhou Municipality

　　All town governments and sub-district offices, all departments of the District Government and all directly affiliated institutions, all departments of the District Zone, and all relevant units and individuals:

　　　　The Measures for the Management of Special Funds for IPR Work in Zengcheng District and Zengcheng Economic and Technological Development Zone of Guangzhou Municipality have been approved by the District Government and the Management Committee of the Development Zone and are now issued to you for diligent and organized implementation thereof. Any important issue encountered in the process of implementation shall be directly reported to the Intellectual Property Office of Zengcheng District, Guangzhou Municipality.

　　Intellectual Property Office of Zengcheng District, Guangzhou Municipality

　　November 22, 2023

　　Measures for the Management of Special Funds for IPR Work in Zengcheng District and Zengcheng Economic and Technological Development Zone of Guangzhou Municipality

　　Chapter 1 General Provisions

　　Article 1In order to implement the strategy of building a district strong on IPR and promote the comprehensive development of the IPR programs in our district, special funds for IPR work are to be set up, in light of the actual situation of our district, in accordance with the requirements set forth in the Outline for Building a Country Strong on IPR (2021-2035) issued by the CPC Central Committee and the State Council, the Circular of the State Council on Printing and Issuing the National Plan for Protection and Application of Intellectual Property Rights During the Period of the Thirteen Five-year Plan, the Regulations on Zengcheng Economic and Technological Development Zone of Guangzhou Municipality, the Outline of Guangzhou Municipality for Building a City Strong on IPR, and the Circular of the Intellectual Property Office of Guangzhou Municipality on Issuing the Measures for the Management of Special Funds for IPR Work in Guangzhou Municipality. These Measures are formulated to regulate the management of special funds.

　　Article 2The term “special funds for IPR work” (hereinafter referred to as the “Special Funds”) as used in these Measures refers to the special funds allocated from the district financial budget to strengthen the comprehensive coordinated and sustainable development of the creation, application, service, protection and management of IPRs in Zengcheng District and Zengcheng Development Zone of Guangzhou Municipality, facilitate the implementation of IPR strategies and promote the high-quality development of IPR programs.

　　Article 3These Measures apply to the application review, budget preparation, fund allocation, interim inspection, project acceptance, performance evaluation, supervision and management, etc of the Special Funds.

　　Article 4The Special Funds will, in principle, be allocated to support programs in the form of ex ante subsidy and ex post subsidy.

　　Ex ante subsidy refers to the fiscal support where the intellectual property department of the district invests financial funds into a project - for which it signs a contract with a project undertaker to agree on tasks, performance objectives, deadline, capital investment, acceptance methods, etc., - prior to project implementation and conducts inspection, acceptance and performance assessment of the project upon expiration of the contract.

　　Ex post subsidy refers to the fiscal support where project undertaking entities and individuals provide fund input and deliver corresponding performance, subject to review carried out by the intellectual property department of the district in accordance with the prescribed procedures, before they obtain corresponding subsidies from the said department.

　　Chapter II Creation of IPRs

　　Article 5Funding for international patents granted:

　　One who is granted invention patents from the European Patent Office will receive a subsidy of 6,000 yuan per patent, one who is granted invention patents from the United States and Japan, 3,000 yuan per patent; and one who is granted invention patents from other countries or regions, 750 yuan per patent.

　　The total amount of patent funding received by an entity or individual shall not be more than 50% of the official fees payable by it; the total annual district-level patent subsidies received shall not exceed 300,000 yuan in the case of an entity as the receiver and 20,000 yuan in the case of an individual as the receiver.

　　Article 6Funding for International Trademarks Granted:

　　(1) One who obtains a trademark registration certificate through the Madrid System and approval for registration by a designated country will be subsidized based on the number of designated countries or regions in the amount of 750 yuan per designated country or region, provided that the subsidy amount for each trademark shall not exceed 10,000 yuan.

　　(2) One who obtains a trademark registration certificate from the European Union Intellectual Property Office, the Organisation Africaine de la Propriété Intellectuelle (OAPI), and the African Regional Intellectual Property Organization (ARIPO) will be subsidized in the amount of 2,000 yuan per trademark and a single applicant for subsidy may not be subsidized hereunder for more than 3 trademarks per year.

　　(3) One who obtains a foreign trademark registration certificate in a single foreign country will be subsidized in the amount of 750 yuan per trademark and a single applicant for subsidy may not be subsidized hereunder for more than 3 trademarks per year.

　　No subsidy will be provided for trademark renewal, change, assignment, transfer, etc.

　　The total amount of trademark subsidies received by an entity or individual shall not be higher than the total official fees and trademark agency service fees payable by it, and the total annual district-level trademark subsidies received by the same shall not exceed 20,000 yuan.

　　Article 7High-value patents and trademarks that receive designated awards or meet specific conditions during the application period will be supported in the form of ex post subsidy:

　　(1) One who wins a Chinese patent award will be subsidized in the amount of no more than 1 million yuan in the case of a golden award, no more than 500,000 yuan, silver award and no more than 200,000 yuan, excellence award. A patent that wins a Chinese patent award and has already been subsidized for a Guangdong provincial patent award will be further subsidized by the difference from the above corresponding amount.

　　(1I) One who wins a Guangdong provincial patent award will be subsidized in the amount of no more than 500,000 yuan in the case of a golden award, no more than 200,000 yuan, silver award and no more than 100,000 yuan, excellence award.

　　(3) One who wins a Chinese gold award for trademark will be granted a lump-sum subsidy not exceeding 1 million yuan per trademark.

　　(4) One whose trademark is recognized as a well-known trademark by the National Intellectual Property Administration will be granted a lump-sum subsidy not exceeding 500,000 yuan per trademark.

　　(5) One who wins an award at the provincial level or above such as the Guangdong-Hong Kong-Macao Greater Bay Area High-Value Patent Cultivation Layout Competition will be subsidized in the amount of no more than 200,000 yuan in the case of gold award, no more than 100,000 yuan, silver award and no more than 50,000 yuan, excellence award.

　　Chapter III Application of IPRs

　　Article 8Enterprises and institutions, IPR service institutions, and key institutions (enterprises) in national export bases in the field of IPR services that are recognized, during the application period, as a national-level pilot demonstration entity for building a country strong on IPR will be provided with support in the form of ex post subsidy in the amount of no more than 200,000 yuan per piece.

　　Article 9 Support in the form of ex post subsidy will be available for IPR licensing and transfer where granted patents are transferred or licensed in an IPR marketplace and registered with the National Intellectual Property Administration:

　　(1) Enterprises absorb transferred and licensed patents. Small, medium and micro enterprises are encouraged to absorb patent achievements through transfer, licensing, etc. from domestic universities, scientific research institutions, hospitals, and state-owned (holding) enterprises for the purpose of transformation and implementation. Such enterprises will be subsidized in the amount of no more than 5% of the actual transfer fee and license fee spent on each patent in terms of the patent achievements absorbed by them, provided that in no event shall the maximum amount for one entity exceed 500,000 yuan.

　　(2) Patent transfer and licensing by universities and scientific research institutions. Universities, scientific research institutions, and hospitals are encouraged to transfer and license patent achievements to enterprises and will be subsidized in the amount of 100,000 yuan if the number of patents transferred and/or licensed or the number of transfer and/or licensing deals reaches more than 30 during the application period, and an additional 20,000 yuan for every additional 10 patents (or transfer and/or licensing deals), provided that in no event shall the maximum amount for one entity exceed 500,000 yuan.

　　(3) Patent transfer and licensing services. Any intellectual property service agencies that facilitates transfer and/or licensing of 200 patents or 200 deals of transfer and/or licensing for enterprises and institutions in Guangzhou Municipality during the application period will be subsidized in the amount of 50,000 yuan, and an additional 20,000 yuan for every additional 100 patents (or transfer and/or licensing deals), provided that in no event shall the maximum amount for one entity exceed 500,000 yuan.

　　Article 10Patent navigation is encouraged in the form of ex post subsidy. Enterprises, institutions, industry associations, service agencies, and key parks are encouraged to carry out patent navigation for industrial planning or R&D activities, and will be subsidized in the amount of no more than 800,000 yuan per patent navigation for industrial planning and no more than 150,000 yuan per patent navigation for R&D activities.

　　Article 11Patent transformation project for small and medium-sized enterprises. Each project of a nature of public interest to promote those patented technologies including mechanization, informatization or new energy and new materials that are a common need to small and medium-sized enterprises with a view of improving the application of common technologies of enterprises in the District and increasing the production efficiency in the District will be supported under the heading of ex ante subsidy, provided that annual funding allocated for such projects shall not exceed 2 million yuan.

　　Article 12IPR finance is encouraged in the form of ex post subsidy:

　　(1) Pledge financing for IPRs by enterprises and institutions. Enterprises and institutions carrying out pledge financing activities for IPR for the first time will be subsidized, in the amount of no more than 2% of the loan amount actually secured against the pledged IPRs such as patents, trademarks, geographical indications, IC layout designs, to pay interest, evaluation fees, etc. incurred thereby, provided that in no event shall the maximum amount for one entity exceed 500,000 yuan, nor shall the total subsidies received at all levels exceed the costs of pledge financing.

　　(2) IPR insurance by enterprises and institutions. Those enterprises and institutions that purchase IPR insurances will be subsidized in the amount of no more than 50% of the actual insurance cost, provided that in no event shall the maximum amount for one entity exceed 200,000 yuan. The insurance categories covered by the subsidies shall be determined by the intellectual property department of the district.

　　Article 13Trademark and brand cultivation guidance station. Support in the form of ex ante subsidy in an amount that corresponds to the level determined based on the work content and indicators and other factors declared by the applicant and in no event exceeds 500,000 yuan per trademark or brand will be available for those enterprises, institutions, social groups, industry associations, etc. that cultivate and apply geographical indications and regional brands.

　　Article 14Enterprises are encouraged to apply for municipal, provincial and national IPR projects. Projects that have received financial aid in setup from municipal, provincial and national intellectual property authorities will be subsidized:

　　(1) as supportive financial aid in the amount of 5 million yuan at maximum to cover 100% cost for national IPR projects;

　　(2) as supportive financial aid in the amount of 3 million yuan at maximum to cover 70% cost for provincial IPR projects; and

　　(2) as supportive financial aid in the amount of 1 million yuan at maximum to cover 50% cost for municipal IPR projects.

　　Chapter IV IPR Services

　　Article 15Support is available for public services provided in relation with IPR information.

　　(1) Development of national outlets of public services for IPR information is supported in the form of ex post subsidy. Each national outlet of public services for IPR information that has been registered with the National Intellectual Property Administration will be supported in the form of lump-sum subsidy of no more than 100,000 yuan.

　　(2) Operation of national outlets of public services for IPR information is supported in the form of ex post subsidy. Each outlet of public services for IPR information that has been registered with municipal, provincial and national intellectual property administrations, has outstanding service capabilities and provides remarkable services will be subsidized in the amount of no more than 100,000 yuan.

　　Article 16Parks and industry associations that provide IPR services will be supported in the form of ex ante subsidy. Science and technology parks, technology enterprise incubation carriers, industrial parks, and administrative units of industry associations that set up IPR service workstations or trademark & brand guidance stations within parks and industry associations to provide, through the parks and industry associations themselves or IPR service agencies brought in by them, services such as IPR custody, IPR transfer and transformation, IPR enforcement, IPR information, and trademark and brand cultivation to park enterprises and association members will be subsidized in an amount that corresponds to the level determined based on the work content and indicators and other factors declared by the applicant and in no event exceeds 100,000 yuan per workstation(station).

　　Article 17IPR custody services for small, medium and micro enterprises shall be supported in the form of ex ante subsidy. IPR service agencies, social organizations, etc. that provides IPR custody services to small, medium and micro enterprises will be subsidized in an amount that corresponds to the level determined based on the number of enterprises under custody and other factors declared by the applicant and in no events exceeds 250,000 yuan.

　　Article 18Support in the form of ex post subsidy of no more than 500,000 yuan will be available to encourage efforts made to bring in national brand institutions of IPR services, no more than 250,000 yuan, brand cultivation institutions, and no more than 100,000 yuan, wholly-owned subsidiaries or branches of brand institutions.

　　Article 19Patent agencies cultivating and introducing patent agents will be supported in the form of ex post subsidy. Each patent agency with which a patent attorney completes its practice recordation for the first time shall receive support in the form of subsidy of no more than 10,000 yuan per person and reward no lower than 50% of the subsidy to the patent attorney who practices for the first time.

　　Article 20Key work projects. Key work projects corresponding to the key tasks of the District Committee and District Government in the field of IRP for the current year and to the major IPR projects that are clearly required by the municipal, provincial, and central government to be arranged by the local government for the current year will be established. Specific deployment of projects and amounts of ex ante subsidy will be determined by the intellectual property department of the district upon collective consideration to support key tasks such as enhancing IPR protection, promoting IPR creation, accelerating the application of IPR, improving IPR services, expanding IPR exchanges and cooperation, and strengthening the building of IPR talent teams and cultural progress.

　　Chapter V IPR Protection

　　Article 21IPR enforcement by enterprises, institutions, social groups or other organizations, and natural persons will be supported in the form of ex post subsidy:

　　(1) Domestic IPR enforcement. One who prevails in a lawsuit, in the case of invention patent enforcement, will be subsidized in an amount no more than 300,000 yuan, in the case of enforcement of utility model patent, design patent, trademark, geographical indication and trade secret rights, no more than 200,000 yuan, provided that the total amount of subsidies received at all levels shall not exceed the cost of enforcement.

　　(2) Enforcement of foreign-related IPR. One who prevails in a lawsuit, in the case of invention patent enforcement, will be subsidized in an amount no more than 800,000 yuan, in the case of enforcement of utility model patent, design patent, trademark, geographical indication and trade secret rights, no more than 500,000 yuan. One who prevails in any investigation carried out by a foreign authority concerning any dispute over IP infringement will be subsidized in an amount of no more than 1 million yuan, provided that the total amount of subsidies received at all levels shall not exceed the cost of enforcement.

　　Article 22It is imperative to develop IPR protection systems and mechanisms, strengthen inter-departmental joint law enforcement and cross-regional collaborative protection of IPRs, establish and improve a social co-governance model, give full play to professional institutions as technical supporter in administrative proceedings, criminal justice, arbitration, mediation and other cases, develop and improve multiple dispute resolution mechanisms such as rapid IPR enforcement, response guidance and assistance in overseas IPR disputes, and cooperation in IPR protection in the Guangdong-Hong Kong-Macao Greater Bay Area, provide support in the form of ex ante subsidy, and set up corresponding development projects and amount every year based on actual conditions to:

　　(1) support the development of assistance mechanisms for IPR protection or enforcement for key industries, new fields, new business formats, etc.;

　　(2) support relevant institutions to assist in the protection of well-known trademarks, time-honored brands, and famous brands, and provide professional services for enterprises applying for recognition of well-known trademarks and protecting IPRs of time-honored brands and well-known brands; and

　　(3) support relevant institutions to assist in establishing and improving the mechanisms of assistance in overseas IPR enforcement for Guangzhou enterprises, and provide early warning of infringement, talent training, consulting, guidance and other services for enterprises to implement their “going global” strategy.

Chapter VI Fund Budget and Appropriation

　　Article 23The funds required for these Measures shall be arranged by the District Government and the Management Committee of the District Zone and included respectively in the annual budget arrangements of the intellectual property department of the district.

　　Article 24The special IPR funds are earmarked to cover:

　　(1) the various projects supported by the Measures for the Management of Special Funds for IPR Work in Zengcheng District and Zengcheng Economic and Technological Development Zone of Guangzhou Municipality, which are subject to the application guidelines issued annually;

　　(2) the fees incurred in entrusting various professional institutions to provide demonstration, review, evaluation, auditing, legal and other services for the implementation of these Measures, as well as to carry out IPR services, industrial research and other related activities;

　　(3) the fees incurred in organizing relevant IPR management personnel, enterprises and institutions to engage in study, training, cooperation and exchanges in universities and IPR demonstration sites in advanced areas in order to acquire advanced experience in IPR development; and

　　(4) Other IPR expenditure matters approved by the District Committee and the District Government.

　　Article 25The application scope, number of projects approved, specific support criteria and application period for projects shall be determined by the intellectual property department of the district based on the actual work and financial funds. Projects eligible for ex post subsidy will receive funds in one lump sum; and matters that meet the conditions of “subsidies available without application” will receive “subsidies available without application”. Projects eligible for ex ante subsidy will receive funds in one lump sum or installments. In case of funds appropriated in installments, the appropriation methods and amounts shall be as stipulated in the contract.

　　Article 26Projects receiving the Special Funds shall be managed by the following procedures:

　　(1) Centralized application on a yearly basis. The intellectual property department of the district shall formulate application guidelines and evaluation standards for projects and regularly issue application notices. The application guidelines should clarify the conditions, requirements, timeframe, etc. for fund application. Applicants shall submit the application materials as required by the application notices. Applications submitted by those who fail to apply in accordance with the application guidelines within the time limit will not be accepted.

　　(2) Project applications shall be accepted and reviewed by a third-party agency entrusted by the intellectual property department of the district. Applications with incomplete materials shall be supplemented and remedied within a time limit; and applicants shall make supplements and take remedial measures as required, otherwise such applications will be deemed to have been abandoned. The third-party agency shall be determined through procurement procedures every year, and the project review results and opinions issued by it shall be an important basis for decisions on project approval and acceptance of projects; issues discovered during the review process as well as improvement measures shall be reported to the intellectual property department of the district in a timely manner.

　　(3) The project review results shall be submitted by the intellectual property department of the district for review at the meeting of party group of the Intellectual Property Office, and announced to the public for no less than 5 working days; the reasons for the failure of a project to pass the formal review shall be explained to the corresponding applicant.

　　(4) Where there is no objection to the public announcement or such objection is not tenable, the intellectual property department of the district will determine the results of project approval and allocate project funds in accordance with the relevant regulations on the management of fiscal funds of the district.

　　Article 27The application guidelines for various projects under these Measures will be formulated and issued separately by the intellectual property department of the district. The specific materials to be submitted shall be as required by application guidelines. Entities that apply for supportive funds, once eligible for supportive funds, shall submit their applications in a timely manner in accordance with the application guidelines, and failure to apply within the timeframe shall be deemed as automatic waiver.

　　Article 28An applicant shall meet the following conditions:

　　(1) it shall be an enterprise, institution, social group or other organizations within Zengcheng District and Zengcheng Development Zone of Guangzhou Municipality, or a natural person having a registered residence in Zengcheng District or holding a valid Guangdong Provincial Residence Permit obtained from Zengcheng District or, in case of certain individual projects, from any other place of the whole country as actual need be, except that applicants for government procurement projects shall comply with the relevant regulations on government procurement;

　　(2) it, except for natural persons, shall have the working foundation and implementation conditions for completing the project covered by Special Funds, as well as the IPR working foundation and financial management system;

　　(3) where a project covered by Special Funds has other requirements for applicants, the intellectual property department of the district shall specify them in the project application guidelines.

　　Article 29An applicant in any of the following circumstances shall not be granted subsidies:

　　(1) it fails to comply with relevant laws, regulations and the requirements of these Management Measures;

　　(2) it is included in the list of seriously untrustworthy subjects in accordance with laws and regulations;

　　(3) it has entered into bankruptcy liquidation proceedings;

　　(4) it had failed to pass the acceptance inspection of a project covered by IPR Special Funds that was undertaken by it in the last three years; or

　　(5) it has committed other illegal acts.

　　Article 30For a project eligible for ex ante subsidies that has been confirmedly approved and open to the public for bid, the intellectual property department shall sign a project contract with the project undertaking entity, allocate project funds and organize project implementation. After the period of contract performance expires, the intellectual property department of the district shall appoint a third-party agency to organize acceptance inspection for the project in accordance with the contract.

　　A project failing to pass the first acceptance inspection shall be rectified within a time limit that in principle shall be no longer than one year. After completing the rectification, the project undertaking entity shall apply for a second acceptance inspection at the costs of its own. The contract will be terminated if the second acceptance fails all the same.

　　Where an acceptance inspection needs to be postponed due to force majeure, the project undertaking entity shall submit a written application. For a project in relation with which the contract is terminated, the project undertaking entity shall surrender the fiscal funds that remain unspent and those have not been spent in accordance with regulations.

　　Chapter IV Supervision, Management and Performance Evaluation

　　Article 31Responsibilities of the intellectual property department of the District: the Intellectual Property Office of the District shall be fully responsible for the budget preparation and implementation of the Special Funds, including: budget management, project refinement, fund allocation, performance target preparation; issuing application guidelines, reviewing projects covered by the Special Funds, developing detailed allocation plans; tracking and supervising project implementation, expenditures of the Special Funds and achievement of performance targets, carrying out interim inspections of the Special Funds, project acceptance inspections, special audits, performance evaluations, etc.; disclosing information on the Special Funds; and performing other management work of the Special Funds.

　　Article 32Responsibilities of the Finance Department of the District: the Bureau of Finance of the District shall review, submit for approval and issue budgets of the Special Funds in accordance with the relevant provisions of budget management, organize performance evaluation; supervise and manage the information disclosure of the platform, etc.

　　Article 33The entities and individuals that have received the Special Funds shall be responsible for the expenditure of the funds and the implementation of projects, including strictly implementing the budgets for the Special Funds, specifically organizing project implementation, strengthening financial management, and accepting acceptance evaluation, supervision and inspection, and performance evaluation as agreed in contract.

　　Article 34Applications for supportive funds under these Measures shall provide true and valid materials as required. Any fraud or failure to comply with the regulations on fund expenditures shall entitle the authorities allocating the funds to demand a return of the supportive funds received from the supported entities, publicize the violations, and reject the applications submitted by such entities for supportive funds for the next three years. Criminal liabilities shall be pursued if any crime is constituted.

　　Article 35Those who receive any support under these Measures shall sign a commitment letter and promise to be aware of relevant policies and stipulations. A support receiver who has violated its commitments shall proactively return the supportive funds received.

　　Article 36Relevant administrative departments and their staff which violate the provisions of these Measures and fail to perform their duties in accordance with the law shall be ordered by competent authorities to make corrections, and the responsible leaders and directly responsible personnel shall be punished in accordance with the law; criminal liabilities shall be pursued if any crime is constituted.

　　Supplementary Provisions

　　Article 37A project or matter that complies with not only certain provisions of these Measures but also the provisions of other supportive policies contained in these Measures or otherwise issued by the district shall receive support under either provisions, whichever is higher, by the principle of no double support, unless otherwise provided.

　　Article 38The expressions “maximum”, “at most”, “above”, “no lower than”, “no less than” and “no more than” mentioned in these Measures all include the figure itself.

　　Article 39These Measures shall come into effect from the date of issuance and remain in force for 5 years. Matters covered by the applications submitted and approved in accordance the Circular of the Office of Zengcheng District People’s Government of Guangzhou Municipality on Issuing the Support Measures of Zengcheng District for Promoting Scientific and Technological Innovation and Development (Z. F. B. G. [2019] No. 1) shall be handled in accordance with the provisions of the original document all the same.

Disclosure method: Proactive disclosure

Issued on November 22, 2023         By the Intellectual Property Office of Zengcheng District, Guangzhou Municipality