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RCEP is Coming into Effect Dalian Free Trade Area Having Launched a New Mechanism of “Steward” Type for Total Chain and All-weather Intellectual Property Service

RCEPwill enter into force on Jan. 1, 2022 for 10 countries, including China. The chapteron intellectual property rights in RCEP contains 83 articles and2 annexes for transitionalarrangements andtechnical assistance, which is the longest chapter with themost contents in RCEP, and also one with the fullest coverage in terms ofintellectual property rights among all the free trade agreements signed byChina so far.

Toseize the RCEP opportunity to help those technology-type start-up and intellectualproperty right intensive enterprisesfully use relevant rules toengage ineconomic and trade activities in a safe, compliant and efficient manner, forgeaconvenient and efficient intellectual property right service, protection and managementsystem, Dalian Free Trade Areahas launched a "steward" type newtotal-chain and all-weather service mechanism, to provide relevant enterpriseswith 7x24h "one-stop trusteeship" service for intellectual propertyrights.

Thatmechanism,which is established by fully integrating the government and NorthNational Copyright Exchange Center Co., Ltd., intellectual property right agencies,assets appraisal agencies, banks, law firms, guarantee firms, insurancecompanies, investment institutions, securities companies, trading centers andother institutions and adopting the government-enterprise cooperation mode, canprovide patent navigation, copyright registration, trademark and patentregistration, intellectual property right pledge financing, loan andintellectual property rights maintaining and other "one-stop trusteeship"services.

       I.Main practices

1.Provide "steward" trusteeship service for intellectual propertyrights

DalianFree Trade AreaManagement Commission, enterprises and Dalian IntellectualProperty Financial Service, Innovation and Development Alliance act jointly,theComprehensive Supervision and Law Enforcement Bureau in Dalian Free Trade Areaprovides supervision service guarantee, and the institutions with thequalification for intellectual property agency in the Alliance provideintellectual property operation agency service for the enterprises in the FreeTrade Zone.

2.Provide patent application, copyright registration, trademark application andother services

Freecopyright registration and intellectual property consultation service areprovided for the enterprises in the Free Trade Zone, with basic patentnavigation being given. At the same time, help the enterprises to dock with relevantprofessional institutions to complete overseas intellectual property layout,international trademark and patent registration application, national high-techenterprise application and other value-added services, and fully promote RCEPto land and come into force.

3.Provide efficient channels for intellectual property pledge financing

Establishby relying on the intellectual property value evaluation system as erected bythe Alliance such fast financing channelsas accepted by the local financialservice institutions for intellectual property pledge financing to provide feasibilityanalysis and consultation service for the intellectual property capitalizationoperations madebythe technology type start-up and intellectual propertyintensive enterprises, and broaden the financing channels for the enterprises.

4.Provide judicial protectionand insurance services relating to intellectualproperty rights

Allywith relevant professional law firms and judicial institutions to provide the enterpriseswith convenient and professional intellectual property protection consultationservices, explore the establishment of a new mode of oversea intellectualproperty related litigation and legal right maintaining, and provide aguarantee for relevant enterprises to avoid the risks existing in intellectualproperty transactions, the infringement risks and the spending on legal rightmaintaining. At the same time, the insurance institutions in the Allianceare encouragedto forgeintellectual property insurance service products that better match the RCEPsystem.

5.Big data analysis and statistical services

Thisservice mechanism, through making background statistics tothe enterprise intellectualproperty rights in the Free Trade Zone,provides on regular basis intellectualproperty data statistics,industrial data analysis for relevant governmentdepartments to give a strong data support for promoting the development of theintellectual property intensive industries in the Free Trade Zone.

II.Expectedeffect

1.Able to provide enterprises with intellectual property protection under theRCEP context

RCEPpresents more challenges in the field of intellectual property application andprotection. In terms of trademarks, RCEP stipulates that a trademark can beapplied for sound and aroma, and requires the member states to establish anelectronic trademark system to makes it easier to apply and query for trademarks.In terms of patent protection, the RCEP provisions expand the scope of patentprotection, and explicitly allow patent application for new forms and uses ofknown substances. A lot of new forms and uses for which patent application wasimpossiblepreviously will become the objects of patent protection. In order toadapt to the new changes, the new intellectual property mechanism of the FreeTrade Zone can provide supports for the creation, utilization, financing andprotection of the intellectual property class intangible assets of the technologystart-up and intellectual property intensive enterprises in the zone, and provideconsultation services tothe enterprises forsuch matters as relating to intellectualproperty application and protection, etc. At the same time, the enterprises canenter into an intellectual property trusteeship agreement with a third party toprovide at the right time value-added services, such as patent navigation andpatent application,etc., in the process of development to protect effectively theintellectual property rights owned by the enterprises and prevent the infringementon the rights and interests of others in the process of development.

2.Able to provide intellectual property transformation services for enterprises

Througha public intellectual property trading platform,this measure can help themtransform effectively intangible assets by listing to sell and buy intellectualproperty rights for those enterprises with a trading demand;at the same time,the "steward type" intellectual property service will also promulgatethe intellectual property subsidization policies of the national governments atall levels to the enterprises and guide them to apply for intellectual propertysubsidies.

3.Ableto provide enterprises with intellectual property dispute solutions and patentearly warning guidance

Thisinitiative, relying on relevant professional law firms, administrative andjudicial organs, etc., is able to provide the enterprises in the Free Trade Areawith professional intellectual property related legal consultation services,guidance forthe path leading to the maintaining of legal rights and diversifiedintellectual property dispute solutions. At the same time, it provides help andguidance for those enterprises engaging in import and export business in the FreeTrade Area to deal with and dispose international intellectual propertydisputes and do a good job in patent early warning.

III.Thinkingof next work

TheRCEP's coming into force will set higher standards and requirements for intellectualproperty right protection. Next, Dalian Free Trade Area will seize theopportunity brought by RCEP to guide actively relevant enterprises to adapt tothe institution-based opening-up mainly consisting of rules, regulations,management and standards, enhance the sense of urgency for transformation andupgrading, improve the management level and the ability to participate ininternational cooperation and competition. At the same time, establish firmlyin accordance withthe Outline for Building a Strong Country in Intellectual PropertyRights (2021-2025) the philosophy of "innovation is the first driving forcefor development, the protection of intellectual property rights is that ofinnovation" to further improve the resultant force for comprehensive marketsupervision, further improve the level of creating, applying and protecting intellectualproperty rights, and make positive contributions to the high-qualitydevelopment of the local economy.