In order to implement the major strategic deployment of the “Guidelines for Building a Powerful Intellectual Property Country (2021-2035)”, to accelerate the improvement of the ability to create, use, manage, protect, and serve intellectual property in the Lingang Special Area of China (Shanghai) Pilot Free Trade Zone, and to promote the high-quality development of the special area based on the “China (Shanghai) Pilot Free Trade Zone Lingang Special Area Overall Plan” (Guo Fa﹝2019﹞15), and the Shanghai Municipal People’s Government of the Communist Party of China on Promoting China (Shanghai) Free Trade Trial Several Opinions on the Implementation of Special Support Policies for the High-Quality Development of the Lingang Special Area” (Shanghai Committee issued No. 20, 2019) and other documents, this policy was formulated.
1. Scope of support
The business registration place, actual business place and fiscal and taxation household management place are all in Lingang Special Area, with normal business status and good credit records of enterprises, institutions, or social organizations.
2. Supporting principles
This policy follows the principle of “focusing on key points, stimulating innovation, scientific management, and performance evaluation”, giving full play to the guiding and leading role of public policies, focusing on world-class, open, and modern industries in the Lingang Special Area, encouraging intellectual property innovation activities, and focusing on supporting market players to enhance their capabilities in the use, protection, and service of intellectual property rights. At the same time, establish a scientific management system and adopt performance evaluations for applied projects. In principle, except for rewarded projects, the support should not exceed 50% of actual expenditures; in principle, projects that have already received urban policy funding will not be included.
3. Support content
(1) Support high-quality creation of intellectual property rights
1. For invention patents that have been authorized abroad through the PCT route and have been substantively examined by relevant patent examination agencies, a one-time subsidy of 50% of the official fees, each not exceeding 20,000 yuan.
2. 500,000-yuan, 200,000 yuan, and 100,000 yuan will be awarded to projects that have won the “China Patent Award” gold, silver, and excellence awards. 300,000 yuan will be awarded to projects that have won the Shanghai Intellectual Property Innovation Award (innovation, protection, and application). For the above-mentioned project units, priority will be given to the filing list of service units for rapid patent examination and pre-examination, and public evaluation services before patent and trademark applications will be provided.
(2) Support the high-efficiency use of intellectual property rights
3. For units that are in line with the direction of the frontier technology industry in the Lingang Special Area and use high-value invention patents to invest in shares, make purchases and purchases, priority will be given to recommending the relevant financial support policies for the Lingang Special Area.
4. For colleges, institutions and enterprises that pass the Shanghai Intellectual Property Operation Comprehensive Service Base Certification, and grant patent licenses and transfers to unrelated foreign entities in the Lingang Special Area, 3% of the actual license and transfer fees will be subsidized. The annual funding of the same unit does not exceed 200,000 yuan, and priority is included in the filing list of patent rapid examination pre-examination service units.
5. If an enterprise obtains a loan from a commercial bank through pledge of intellectual property rights (patents, trademarks), if the principal and interest have been repaid in the previous year, and it is the first loan, 50% of the actual loan interest will be financed; if the loan is not the first loan, the actual 40% of the loan interest paid will be financially subsidized, and the total subsidy of the same unit shall not exceed 1 million yuan per year. If financing is carried out in the form of a combination loan, only the part of the intellectual property pledge financing loan is calculated. If the amount of the intellectual property pledge financing cannot be calculated in the combination loan, no funding will be given. For those who purchase intellectual property insurance and file with the Intellectual Property Administration of Lingang Special Area, a financial aid of 50% of the actual premium paid shall be given, and the total amount of subsidy from the same unit shall not exceed 200,000 yuan.
6. For enterprises handling intellectual property pledge financing, priority will be given to enterprises in Lingang Special Area with credit risk compensation fund support upon assessment.
7. A one-off reward will be given to the sponsors that publicly issue asset securitization products with intellectual property as the basic assets. The reward amount is 5% of the issuance scale, and the maximum is no more than 5 million yuan.
8. To undertake the task of cultivating high-value patents (combination), or to establish a patent pool with standard essential patents as the core and put it into operation, and to establish a high-value patent cultivation center approved by the Intellectual Property Department of Lingang Special Area. 50% of the expenditure will receive financial assistance of no more than 500,000 yuan, and priority will be given to recommend applications for national and municipal high-value patent cultivation centers, and support priority undertaking of navigation and evaluation projects.
9. For IP appraisal and patent navigation projects that are recognized by the Lingang Special Area Intellectual Property Authority and are in line with the direction of the frontier science and technology industry in the Lingang Special Area, 50% of the actual expenditure will be subsidized, and each subsidy shall not exceed 400,000 yuan.
(3) Support high-standard management of intellectual property rights
10. Support up to 200,000 yuan and 300,000 yuan for the Shanghai patent work pilot units and patent work demonstration units that have passed the inspection and acceptance (according to 100% of the municipal support funds), and the national intellectual property demonstration enterprises that have passed the inspection and acceptance. Advantageous enterprises can receive up to 500,000 yuan and 800,000 yuan of support (according to the principle of “optimal and non-repetitive” for balance support). For the above-mentioned units, priority will be given to the filing list of service units for rapid patent examination and pre-examination.
11. For units that have established an independent intellectual property department, are equipped with more than 2 full-time staff, whose annual intellectual property investment accounts for more than 10% of R&D investment, and have passed the certification of “Enterprise Intellectual Property Management Regulations”, 50% of the actual expenditures for carrying out intellectual property work will be given , A one-time subsidy of no more than 100,000 yuan will be given, and priority is given to municipal-level pilot demonstration units of intellectual property rights.
(4) Support the diversified protection of intellectual property rights
12. For units that carry out overseas intellectual property deployment, overseas intellectual property risk prevention, or overseas intellectual property rights protection and dispute response, 50% of the actual expenditure will be assessed, and a subsidy of no more than 300,000 yuan will be given priority to be included in the patent express review.
13. For projects that successfully carry out intellectual property rights protection, based on actual litigation fees, arbitration fees, attorney fees, notarization fees, investigation fees, appraisal fees, search and evaluation fees, and other reasonable expenses, the Lingang Special Area Rights Protection Mutual Aid Fund and funding will be removed. The remaining part of the insurance compensation will be subsidized, and the maximum subsidy shall not exceed 50% of the actual cost, and the total subsidy of the same unit shall not exceed 200,000 yuan.
14. For intellectual property dispute mediation organizations that carry out public welfare dispute mediation work in Lingang Special Area, and have successfully closed 20 cases, a subsidy of 100,000 yuan will be given.
(5) Support high-level intellectual property services
15. For social organizations such as intellectual property associations and private non-enterprise units that are legally registered and established in the Lingang Special Area and actively provide various intellectual property services, they will receive a one-time maximum award of 500,000 yuan upon assessment.
16. For those newly settled enterprises in Lingang Special Area and provide high-end services such as fair value evaluation, permanent representative offices of foreign patent agencies or international high-end intellectual property service organizations will be given certain rewards after assessment. For domestic high-end intellectual property service organizations that have more than one senior intellectual property expert and provides services will be awarded a one-time award of no more than 200,000 yuan after assessment. For the above-mentioned service organizations, priority is given to recommending organizations that apply for intellectual property brands and the application list of key organizations for talent introduction in Shanghai.
17. For parks hosting 20 or more small and micro enterprises in the area, according to the hosting performance evaluation, each unit will give a subsidy of no more than 500,000 yuan per year.
18. For units that actively promote the development of intellectual property talents, a one-time award of 100,000 yuan will be given to senior intellectual property experts and senior patent management engineers; for intermediate intellectual property experts and foreigners who have obtained patent agent qualifications, each person will be given a one-time reward of 50,000 yuan. The above-mentioned talents are recommended to apply for special policies for talents in the Lingang Special Area, and enjoy various special policies such as talent introduction, skill training subsidies, and transfer of residence.
4. Supervision and management
(1) Daily management
1. Release guidelines
At the beginning of March each year, the annual project application guidelines are formulated and publicly released to clarify the specific application time and the requirements for relevant identification and application materials. Among them, the application materials should include the intellectual property support project application form, applicant qualifications and credit commitments, etc., the audited financial statements of the previous year, supporting project certification documents or approval documents, supporting project actual expenditure list and contract, proof materials such as invoices, etc.
2. Organization declaration
From March to April each year, training on application guidelines for market entities should be organized, and consulting service channels should be provided to help market entities apply for legal compliance.
3. Review and approval
From May to June each year, organize review and approval. Firstly, the daily management department will carry out the preliminary review, sort out the application projects, and conduct the preliminary review of qualifications and materials. Secondly, organize relevant expert reviews, conduct performance evaluations on the importance and innovation of the application projects, and provide opinions. Third, relevant departments of the committee review and propose policy support plans. Finally, they are submitted to the office of the director of the management committee for review and approval.
4. Public announcement
In July of each year, the policy support plan approved by the Director’s Office of the Economic Management Committee is publicized for no less than one week. After publicizing, various policies will be formally implemented.
5. Performance evaluation
In the first quarter of the following year, a third-party audit or professional organization should be organized to conduct performance evaluations on the implementation effects of the previous year’s policies.
1. For the illegal activities verified by the intellectual property management departments at all levels, such as fraudulent acquisition of policy support, unauthorized change of the use of funds, and abnormal applications, the awards, supplementary fees, and interest supplements shall be withdrawn within a time limit, and relevant non-funding policies shall be cancelled. The qualifications for applying for this policy within 5 years will be included in the credit evaluation record; for suspected crimes, it will be transferred to the judicial organizations for handling.
2. For third-party auditing or professional institutions, review experts, and related staff who violate laws and regulations during the implementation of this policy, they shall be held accountable in accordance with relevant regulations.
5. Supplementary Provisions
1. This policy is interpreted by the Management Committee of the Lingang Special Area of China (Shanghai) Pilot Free Trade Zone.
2. This policy will be implemented from January 1, 2022 and will be valid until December 31, 2023. If the relevant documents previously issued by the Management Committee of the Lingang Special Area of the China (Shanghai) Pilot Free Trade Zone are inconsistent with this policy, this policy shall prevail.