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Regulations of Xiamen Special Economic Zone on the Promotion and Protection of Patents
Chapter I General Provisions Article 1 In order to encourage the creation and application of patents, strengthen patent protection and management, and build an innovative city, these Regulations are formulated in accordance with the basic principles of the Patent Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of Xiamen Special Economic Zone. Article 2 The municipal and district people's governments shall incorporate patent development into the national economic and social development plan, and incorporate patent indicators into the national economic and social development evaluation system, innovative city evaluation system and science and technology plan evaluation system. Article 3 The municipal and district people's governments shall establish and improve the coordination mechanism for patent work, coordinate the promotion and protection of patents within their respective administrative areas, and study and solve major problems in patent work.

The patent administrative department of the municipal and district people's governments shall be in charge of patent promotion and protection within their respective administrative areas, and other relevant departments shall be responsible for patent promotion and protection within their respective functions and duties. Article 4 People's governments at all levels and their relevant departments shall strengthen patent publicity and education and create a good environment for patent promotion and protection.

Radio, television, newspapers, online media and other units should strengthen the publicity of patent knowledge and raise the patent awareness of the whole society.

Schools at all levels and types should carry out basic patent knowledge education. Chapter II Patent Promotion Article 5 The municipal and district people's governments and their relevant departments shall strengthen the guidance and services for the patent work of enterprises and institutions, encourage and support enterprises and institutions to formulate and implement patent development strategies, promote the implementation of relevant patent management norms, and improve their independent innovation capability and patent application level; Cultivate and develop patent intermediary service institutions and guide them to provide high-quality and standardized patent intermediary services for enterprises and institutions. Article 6 The municipal and district people's governments shall set up special funds for patent development for the following purposes:

(a) patent application for funding;

(2) Promoting the implementation of patents;

(3) Patent awards;

(four) the construction and maintenance of the patent public service platform;

(five) patent early warning and emergency mechanism construction and patent rights protection assistance;

(six) the patent demonstration and pilot units funded;

(seven) patent knowledge publicity and education, patent personnel training;

(eight) other work of patent promotion and protection.

Special funds for patent development shall be earmarked, and the specific measures for their use shall be formulated by the financial department in conjunction with the department in charge of patent work. Article 7 The Municipal People's Government shall set up patent awards, which shall be selected once a year to reward units and individuals who have made inventions and patents in this special economic zone and made outstanding contributions to promoting economic and social development. Article 8 The municipal patent administration department shall establish a patent public service platform, encourage and support relevant industry associations, enterprises and institutions to establish various professional patent information databases, and promote the enjoyment and utilization of patent information. Article 9 The department in charge of patent work shall carry out patent demonstration and pilot work in depth to enhance the patent application ability of enterprises and institutions and their ability to cope with patent competition. Those listed as patent demonstration and pilot units shall be funded in accordance with the provisions. Article 10 The municipal administrative department of science and technology shall, jointly with the municipal patent administration department and other relevant departments, compile and regularly publish a catalogue of key technologies that should have independent intellectual property rights according to the characteristics of industries and fields. Support the research and development of key technologies and patent applications listed in the catalogue. Article 11 The Municipal People's Government shall reward patent inventors who have been granted the invention patent right in this special economic zone.

A unit that has been granted a patent right shall reward the inventor or designer of a service invention-creation. After the patent for invention-creation is implemented, the inventor or designer shall be given reasonable remuneration according to the scope of its popularization and application and the economic benefits obtained. Article 12 When evaluating the qualifications for professional and technical posts, the relevant units shall take the relevant patents of patent inventors and designers as the evaluation basis.

Patent inventors and designers who can play a significant role in technological progress or achieve remarkable economic benefits shall make an exception to declare their qualifications for relevant professional and technical positions in accordance with relevant regulations. Thirteenth enterprises, institutions and other organizations to research and develop patented technologies and products, in accordance with the relevant provisions, are allowed to deduct before the enterprise income tax, and enjoy the corresponding preferential tax policies. The expenses incurred by enterprises in purchasing patents shall be deducted before enterprise income tax in accordance with relevant regulations.

Patent intermediary service institutions engaged in patent technology transfer, patent technology development and related patent technology services and technical consulting business shall enjoy tax concessions in accordance with relevant regulations. Article 14 The patentee shall be encouraged and guided to realize the market value of the patent in this special economic zone by means of share purchase, pledge, transfer and licensing of the patent according to law. Article 15 The municipal and district people's governments and their relevant departments shall support the use of patents and promote the industrialization of patented technology by means of discount loans. In the government-supported science and technology and industrialization projects, priority is given to projects with patent rights.

Venture capital funds arranged by government financial funds and venture capital institutions established shall give priority to investment in patented technology industrialization projects.

Government procurement should give priority to the products with patent rights in the catalogue, and give priority to the procurement under the same conditions.