Notice of Guangzhou Huangpu District People's Government and Guangzhou Development District Management Committee on Printing and Distributing Measures for the Administration of Intellectual Property Special Funds for Guangzhou Huangpu District, Guangzhou Development District and Guangzhou High-Tech Industrial Development Zone

HP0120210014

Document of Guangzhou Huangpu District People's Government and

Guangzhou Development District Management Committee

(Sui Pu Fu Gui [2021] No 14)

Notice of the Guangzhou Huangpu District People's Government and Guangzhou Development District Management Committee on Printing and Distributing Measures for the Administration of Intellectual Property Special Funds for Guangzhou Huangpu District, Guangzhou Development District and the Guangzhou High-Tech Industrial Development Zone

To various sub-districts, towns, and units subordinate to the district government; and all units directly under the Guangzhou Development District Management Committee:

We hereby print and distribute to you the Measures for the Administration of Intellectual Property Special Funds for Guangzhou Huangpu District, Guangzhou Development District and the Guangzhou High-Tech Industrial Development Zone. Please earnestly implement the document accordingly. Please report to the Huangpu district intellectual property bureau with any problems.

Guangzhou Huangpu district people's government

Guangzhou Development District Management Committee

Nov 12, 2021

Measures for the Administration of Intellectual Property Special Funds for Guangzhou Huangpu District, Guangzhou Development District and the Guangzhou High-Tech Industrial Development Zone 

Chapter 1: General Provisions

Article 1 The present measures are formulated in accordance with the Official Reply of the State Council on Agreeing to Carry out Comprehensive Reform Experiments on the Utilization and Protection of Intellectual Property Rights in the China-Singapore Guangzhou Knowledge City (CSGKC) (Letter No 122 [2016] of the State Council) and the requirements of the relevant provincial and municipal documents with consideration of the reality of the district in order to fully implement the Opinions on Strengthening the Protection of Intellectual Property Rights.

Article 2 "Intellectual Property Special Funds" in the present measures refer to funds arranged from the district fiscal budget mainly for strengthening the comprehensive, coordinated and sustainable development of intellectual property (IP) creation, application, protection, management and services in the district, facilitating the implementation of the IP strategy, and advancing the high-quality development of IP undertakings.

Article 3 Within the scope of Guangzhou Huangpu district, Guangzhou Development District and the parks under its entrusted management or administration (hereinafter referred to as the "district"), enterprises and public institutions, agencies, social groups and other organizations or individuals that meet any of the following conditions may apply for financial support from the "Intellectual Property Special Funds":

1. Enterprises, IP service agencies and incubator management agencies that have a place of registration, tax collection and administration relations, or statistical relations in the district, are engaged in normal research and development, production and business activities, possess a sound financial system and independent legal personality, and implement independent accounting.

2. Public institutions registered in the district, such as colleges, universities and scientific research institutes.

3. Social groups registered in the district for the purpose of facilitating IP development with their business managed by the competent IP or copyright authority of the district.

4. Individuals with registered permanent residence in the district or individuals who are now working in the district and have continuously paid social insurance for more than one year may apply for financial support specified in Article 5 and Article 12 of the measures.

5. Foreign IP service agencies that are unable to apply for a business license per existing laws and regulations, that have set up a representative office or a business office or have assigned other types of organizations to be stationed in the district, that have more than five resident employees working in the district, and that are conducting normal business, may apply for relevant funds specified in Article 15 (b) of the measures.

Chapter 2: Creation and Protection of Intellectual Property Rights

Article 4  Enterprises, colleges and universities, scientific research institutes, and IP service agencies are encouraged to independently or jointly build high-value patent cultivation centers to cultivate and implement high-value patents. The construction period of a high-value patent incubation center is two years, and no more than 10 centers shall be approved each year through comprehensive assessment by the competent IP authority of the district. The competent IP authority of the district shall assess the high-value patent incubation centers during the construction period every year. Each incubation center that passes the annual assessment will be given a support fund of 1 million yuan ($157,000).

Article 5  Support funds will be given to enterprises and public institutions, agencies and individuals that meet the following conditions:

1. Those that have received national, provincial or municipal patent or trademark awards will be given a support fund of 100 percent for the national award, 70 percent for the provincial award, and 50 percent for the municipal award.

2. A new owner of a well-known trademark will be given a one-time support fund of 1 million yuan.

3. A trademark owner will be given a one-time support fund of 50,000 yuan for each trademark that has been included in the Key Trademarks Protection List in Guangdong Province for the first time.

Article 6 Scope and standards of the support of geographical indications

1. A one-time support fund of 500,000 yuan will be given to the owner of an agricultural product that has been granted "protection as a product of geographical indication" for the first time or that has been successfully registered with a geographical indication as a certification mark or collective mark.

2. A unit that has obtained the right to use the special mark for a product of geographical indication will be given a one-time support fund of 200,000 yuan; a unit that has obtained the trademark license of a geographical indication will be given a one-time support fund of 50,000 yuan.

Article 7 The scope and standards of funding for integrated circuit (IC) layout design registration: An applicant for IC layout design registration to the competent state IP authority will be funded 3,000 yuan per piece after the announcement is published.

Article 8 Insurers are encouraged to actively carry out IP insurance business. Insurers that provide overseas IP infringement liability insurance will be supported with 6 percent of the premium per policy, with a maximum support of 300,000 yuan per policy. The total amount of support under this article shall not exceed 30 million yuan per year.

Chapter 3: Intellectual Property Management

Article 9  Support will be given to units that meet the following conditions:

1. An Intellectual Property Advantageous Enterprise (unit, base or park) at the national, provincial or municipal level will be given a one-time support fund of 300,000 yuan, 200,000 yuan or 100,000 yuan, respectively.

2. An Intellectual Property or Copyright Demonstration Enterprise (unit, base or park) at the national, provincial or municipal level will be given a one-time support fund of 500,000 yuan, 300,000 yuan or 200,000 yuan, respectively.

Article 10 Full use of IP information to carry out research and development activities is encouraged. Each of the national high-tech enterprises, intellectual property advantageous or demonstration enterprises at all levels, scientific research institutes and incubators that makes a one-time investment of more than 20,000 yuan to purchase a patent or a trademark database or a search and management system (or account) with its own brand will be funded 50 percent of the actual costs incurred, with a maximum annual funding of 50,000 yuan per enterprise, scientific research institute or incubator.

Article 11 Small and medium-sized enterprises (SMEs) are encouraged to entrust IP service agencies to provide IP trusteeship services. Eligible SMEs will be supported with 50 percent of the actual trustee fee. An eligible enterprise may receive a maximum support fund of 10,000 yuan per year for a maximum of 3 years.

Article 12 Strengthen the development of IP talent. It is expected that 60 IP talents of various types will be introduced to the district within the next three years. After selection, each of the leading IP talents or outstanding young talents introduced into the district will be given a maximum housing subsidy of 2.5 million yuan or 500,000 yuan, respectively, according to 80 percent of the actual amount used for a house purchase in the district, and the subsidy will be given over the course of three years.

1. Leading IP talents that participate in the selection must meet the following basic conditions:

(1) The participant must be no more than 50 years old.

(2) The participant must have a master's degree or above and a deputy senior professional title or above (foreigners need to have the same qualifications and abilities).

(3) The participant must have more than 15 years of IP work experience, including more than 3 years of IP work experience in an international IP organization, a world-renowned enterprise or a professional IP service agency. In addition, the participant must possess deep theoretical knowledge of IP, understand IP policies and theories well, and be currently engaged in IP work.

(4) The participant shall have an annual income (income from wages and salaries with individual income tax paid) of at least 800,000 yuan

2. Outstanding young talents that participate in the selection must meet the following basic conditions:

(1) The participant must be no more than 40 years old.

(2) The participant must have a bachelor's degree or above.

(3) The participant must have more than five years of IP work experience, possess a sound theoretical knowledge of IP, understand IP policies and theories well, have practical professional abilities, and play an important role in the IP work of his or her current unit. 

(4) The participant must have an annual income (income from wages and salaries with individual income tax paid) of at least 400,000 yuan.

In case of a change in ownership of the purchased property during the subsidy period, the beneficiary must return the relevant subsidies. Married talents must apply for housing subsidies as a family unit. Where both spouses are eligible for application, the application should be submitted by only one party.

Article 13  For foreigners who have a permanent residence permit issued by the Chinese government and are qualified as patent agents in other countries that have obtained a patent agent qualification certificate through China's patent agent qualification examination and are working in enterprises or IP service agencies in the district, a one-time support fund of 2,000 yuan per person will be given to the enterprises and IP service agencies.

Article 14  Enterprises are encouraged to apply for national, provincial and municipal IP projects. Projects that are funded by national, provincial or municipal IP authorities and that facilitate the economic development of the district will be supported with post-subsidies.

1. A 100 percent post-subsidy will be given to national IP projects, with a maximum amount of 5 million yuan;

2. A 70 percent post-subsidy will be given to provincial IP projects, with a maximum amount of 3 million yuan;

3. A 50 percent post-subsidy will be given to municipal IP projects, with a maximum amount of 1 million yuan;

A project that has obtained more than one subsidy or support fund from higher departments may choose the maximum post-subsidy available in the district; no overlap of the post-subsidy or support fund is allowed. But applicants may apply for the difference in amount. The total amount of financial support received by a single project from the higher authority and the district must not exceed the total amount of self-raised funds. The excess amount will not be subsidized.

Chapter 4: Intellectual Property Services

Article 15 Support funds or subsidies will be given to eligible IP service agencies:

1. IP service agencies that have been awarded honorary titles by national, provincial and municipal IP authorities will be given a one-time support fund of 300,000 yuan, 200,000 yuan, and 100,000 yuan, respectively.

2. High-tech enterprises are encouraged to entrust the resident representative offices of foreign patent agencies as well as foreign IP service agencies to carry out overseas IP investment, early warning analysis, IP disputes and emergency assistance, IP dispute consultation, mediation and other services in accordance with the law. Enterprises that have done so will be given a subsidy of 30 percent of the actual costs incurred. Each subsidy shall not exceed 100,000 yuan, and the subsidy given to each enterprise shall not exceed 1 million yuan per year. In addition, 10 percent of the actual costs incurred will be given to the resident representative offices and service agencies providing the IP services, with a maximum amount of 100,000 yuan for a single case and 2 million yuan per year for a single office/agency.

3. IP service agencies recently stationed in the Intellectual Property Service Park of CSGKC that have more than five resident employees, that are engaging in normal business, and that have provided more than 30 services related to IP agency, rights protection, evaluation, transaction and commercialization for enterprises or individuals in the district will be subsidized with 50 percent of the actual rents of their self-use office premises, with a maximum subsidy period of three years from the date they started operating in the district, and the subsidy amount for each agency shall not exceed 500,000 yuan per year .

Article 16  Encourage the introduction and cultivation of brand IP service agencies:

1. A one-time support fund of 500,000 yuan will be given to each national IP information service center of colleges and universities or national public service network of IP information recognized by the China National Intellectual Property Administration (CNIPA).

2. A one-time support fund of 500,000 yuan will be given to each national brand IP service agency recognized by CNIPA.

3. A one-time support fund of 200,000 yuan will be given to each national IP service brand cultivation agency recognized by CNIPA.

4. A one-time support fund of 100,000 yuan will be given to a wholly-owned subsidiary established by a national brand IP service agency recognized by CNIPA. The support will be given to only one subsidiary of each brand IP service agency.

Article 17 Facilitate the development of an IP public service system

1. Support the development of regional IP public service platforms to carry out public services such as IP information retrieval, brand guidance, consultations, training, early warning and monitoring and operation for innovation entities and the public in the district. Newly built regional IP public service platforms that are recognized by the competent district IP authority will give be given a support fund of up to 1 million yuan according to 50 percent of the construction cost. The competent district IP authority shall conduct annual assessment of the work of public service platforms. Each public service platform that passes the annual assessment will be given a support fund of 500,000 yuan.

2. Support the construction of key industrial IP rights protection assistance and protection workstations. Carry out key industrial IP rights protection assistance and protection public services. The competent district IP authority shall conduct annual assessment of the work of the rights protection assistance and protection workstations. Each workstation that passes the annual assessment shall be given a support fund of 100,000 yuan.

3. Support the construction of IP service stations for key enterprises to carry out IP training, consultation, patent analysis and other public services for key enterprises. The competent district IP authority shall conduct annual assessment of the work of the service stations. Each station that passes the annual assessment shall be given a support fund of 50,000 yuan for a maximum of three years.

Article 18  Incubator management agencies are encouraged to take advantage of platforms and increase investment in IP services. Support should be given to qualified incubator management agencies:

1. Qualified incubator management agencies are encouraged to establish comprehensive IP service platforms. Each agency that has done so will be provided a one-time support fund of 50,000 yuan after evaluation. The competent district IP authority shall assess the comprehensive IP service platform. Each platform that passes the annual assessment will be given a support fund of 50,000 yuan.

2. Incubator management agencies are encouraged to organize patent navigation, patent early-warning analysis, high-value patent cultivation, high-value patent mining and portfolio projects according to the development needs of the industry and the park. Any project that provides services for at least 20 enterprises in the park and is approved by the competent IP authority of the park will be given a subsidy worth 30 percent of the actual cost incurred. The maximum subsidy amount for each project is 100,000 yuan, and the maximum subsidy amount for each incubator management agency is 500,000 yuan per year.

3. An incubator management agency that cultivates IP advantageous or demonstration enterprises at national, provincial or municipal levels shall be given a support fund of 5,000 yuan, 3,000 yuan, or 1,000 yuan, respectively.

Article 19  Annual financial support shall be given to IP social groups (including copyright social groups) :

1. A support fund of 300,000 yuan will be given to social groups that meet all the following conditions:

(1) Those that have established and improved their internal management system with a written management system and have at least five full-time employees.

(2) Those that submit an annual work summary and next year's work plan to the competent IP authority or copyright authority on time.

(3) Those that hold at least 10 IP events (cross-industry communication, policy interpretation session and knowledge training) a year (as organizers, co-organizers or joint organizers with relevant departments), with at least 20 enterprises participating in a single event.

(4) Those that have at least 15 member enterprises that have made remarkable achievements in the cultivation of high-value patents, commercialization of scientific and technological achievements or IP rights protection.

(5) Those that lead industry development, cooperate with competent IP or copyright authorities to complete the industry dynamic analysis or reports on government recommendations for government decision-making reference.

2. A support fund of 100,000 yuan will be given to social groups that meet all the following conditions:

(1) Those that have established or improved an internal management system with a written management system and at least two full-time employees.

(2) Those that submit an annual work summary and next year's work plan to the competent IP authorities or copyright authorities on time.

(3) Those that hold at least two IP events (cross-industry communication, policy interpretation session and knowledge training) a year (as organizers, co-organizers or joint organizers with relevant departments), with at least 10 enterprises participating in a single event.

Article 20 Other circumstances concerning the use of Intellectual Property Special Funds:

1. Expenses for entrusting various professional organizations to provide demonstration, evaluation, auditing, legal and other services for the implementation of the measures, as well as the training and management of IP personnel and related soft science research.

2. Funds required for implementing the IP strategy, incubating IPs, and promoting IP cooperation and exchange in the Guangdong-Hong Kong-Macao Greater Bay Area and the world, as well as funds required for other relevant work.

3. Other IP project expenditures approved by the district government and the district management committee.

Chapter 5: Supervision, Administration and Performance Evaluation

Article 21 The funds required by the Measures shall be arranged by the district government and the district management committee, which shall be included in the annual budget of the competent IP authority and copyright authority, respectively.

Article 22 The competent IP authority and copyright authority of the district shall be responsible for the administration of the Intellectual Property Special Funds. Their main responsibilities are as follows:

1. To be responsible for preparing and reporting the budget and payment of the Intellectual Property Special Funds.

2. To formulate plans for the use of the Intellectual Property Special Funds.

3. To be responsible for the daily management, use guidance and overall planning and coordination of the Intellectual Property Special Funds.

4. To be responsible for reviewing applications for the Intellectual Property Special Funds and handling the allocation of the special funds.

5. To track and manage the projects using the Intellectual Property Special Funds, keep track of the implementation of the projects and coordinate to solve problems in the implementation of the projects.

6. To cooperate with the performance evaluation of the Intellectual Property Special Funds in accordance with the requirements of the budget performance management document and inspect the implementation of projects and the use of the special funds under the guidance of the district finance department.

7. To be responsible for other matters related to the administration of the Intellectual Property Special Funds.

Article 23 The district finance department shall be responsible for including the Intellectual Property Special Funds into the budget of the competent district IP authority and copyright authority, supervising and checking the use of funds, and conducting performance appraisal and evaluation on the overall use of the funds.

Article 24 The applicant shall not be supported or subsidized in any of the following circumstances:

1. The applicant is engaged in abnormal patent applications or malicious registration of trademarks.

2. The applicant's patents or invalidated trademarks have been terminated or declared completely invalid or are in the period of overdue payment of annual fees or in the process of suspension.

3. The applicant is involved in disputes over IP ownership.

4. The applicant fails to meet the requirements of applicable laws and regulations or the measures.

5. The applicant is included in the List of Enterprises with Illegal and Dishonest Acts for Special Funds from government finance.

6. The applicant is included in the List of Enterprises Jointly Punished for Dishonest Acts.

7. The applicant refuses to implement effective administrative decisions or judicial judgments on IP, or the applicant's infringement of others' IP has constituted a crime.

8. The applicant has entered the bankruptcy liquidation proceedings.

9. The applicant has submitted repeated applications for the same matter.

10. Where other laws and regulations do not grant funding.

Article 25 The use of the special funds shall be subject to the inspection and supervision of audit departments. Any staff member or assessment expert of the competent authority of the special funds who violates the laws or disciplines in project evaluation or fund allocation shall be dealt with in accordance with such laws and regulations as the Civil Servant Law of the People's Republic of China, Regulation on the Punishment of Civil Servants of Administrative Authorities, and Interim Measures of Guangdong Province for Administrative Fault Liability Investigation.

Chapter VI Supplementary Articles

Article 26 If the same project or item in compliance with the provisions of the measures is also in compliance with the provisions of the measures or other supportive policies of the district (including the provisions of higher authorities and policies of supporting funds of the district), it shall be supported in accordance with the principle of non-repetition, unless otherwise stipulated.

Article 27 The expressions of "a maximum of", "a/the maximum amount", "at least", "shall not exceed" mentioned in the Measures all include the given numbers.

Article 28 The support funds shall be implemented according to the principle of "one-door acceptance, internal process, integrated services and completion in time". The district policy implementation department is responsible for formal auditing, tracking and supervision, and the competent business department is responsible for substantive audits. For the approved applications for subsidies, funds and support funds, the competent district authorities shall allocate funds according to the following procedures:

1. An enterprise that meets the application requirements for support funds in Article 6 of the measures shall apply for support funds in a concentrated and regular manner once every quarter; those applying for support funds for products under geographical indication protection shall file the application within nine months from the date of obtaining the approval and announcement from CNIPA; those applying for support funds for the license of the use of geographical indication trademarks shall file the application within nine months from the date of obtaining the relevant documents.

2. Enterprises that meet the requirements for applying for support funds specified in Article 7 of the measures shall apply for the support funds in a concentrated and regular manner once a quarter; Applications for IC layout design support funds shall be submitted within nine months after obtaining relevant certificates.

3. The units that meet the other application conditions for subsidies and support funds in the measures shall apply for it in a centralized manner once a year on a regular basis.

Article 29 The supporting and handling guidelines of the measures shall be separately compiled and published by the competent district IP authority and copyright authority, and the specific materials to be submitted shall be subject to the application notice or handling guidelines. Units applying for support funds shall, after meeting the necessary conditions, submit applications in a timely manner as per the requirements of the application notice or handling guidelines. Failure to apply within the prescribed time limit shall be regarded as automatic abandonment.

Article 30 Applicants for the support funds specified in the measures shall provide authentic and valid materials as required. Where an applicant is found to have practiced fraud or have failed to follow the rules on the use of funds, the departments that paid the funds shall have the right to require the applicant to return the support funds, issue a public notification on the violation and notify relevant departments, and refuse to accept applications from the applicant for the next three years. If the offense constitutes a crime, the applicant shall be held criminally liable in accordance with the law.

Article 31 The beneficiaries of the measures shall sign a letter of commitment to confirm their awareness of relevant policies and agreements. Any beneficiary that violates the commitment shall take the initiative to return the support funds.

Article 32 The measures shall come into force on the date of issuance and shall remain valid for three years. The original Measures for the Administration of Intellectual Property Special Funds for Guangzhou Huangpu District, Guangzhou Development District and Guangzhou High-tech Industrial Development Zone (Sui Pu Fu Gui [2020] No 23) shall be abolished at the same time.

During the effective period of the original Measures for the Administration of Intellectual Property Special Funds for Guangzhou Huangpu District, Guangzhou Development District and the Guangzhou High-tech Industrial Development Zone (Sui Pu Fu Gui [2020] No 23), matters that have been submitted and have not yet been handled shall be settled in accordance with the provisions of the original document.

Disclosure method: Active disclosure

CC: Huangpu district Party committee, all work departments of the Guangzhou Development District Party Working Committee, standing committee office of the Huangpu District People's Congress, Huangpu district CPPCC office, Huangpu district people's armed forces department, Huangpu district court, Huangpu district procuratorate, various people's organizations, and various directly affiliated State-owned enterprises.

Issued by the Office of the Guangzhou Development District Management Committee on Nov 16, 2021

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