Chapter I General Provisions

　　Article 1 For the purposes of implementing the strategy of invigorating the city through science and education, promoting the work of intellectual property rights of enterprises in this Municipality, and enhancing the core competitive power of enterprises, these Procedures are formulated in accordance with the spirit of the"Notice of the Shanghai Municipal Peoples Government about Printing and Distributing theSuggestions on Further Strengthening the Intellectual Property Rights Work in this Municipality".

　　Article 2 This Municipality shall organize and launch the project of establishing intellectual property rights exemplary enterprises, encourage the establishment of intellectual property rights exemplary enterprises, and raise the level of the work of intellectual property rights of enterprises in this Municipality in all-round way by setting up typical examples, summarizing the experience, and spreading the demonstrations.

　　Article 3 The intellectual property rights mentioned in these Procedures refers to patents, trademarks, copyright, commercial secrets, technical know-how, geographic indications, layout designs of integrated circuits, etc.

　　Article 4 These Procedures shall apply to all kinds of enterprises with independent corporate capacity in the manufacturing industry and the modern service industry of this Municipality.

　　Chapter II Organizing Organs and Their Functions and Funds

　　Article 5 The Municipal Economic Commission shall be the competent administrative department in charge of the project of establishing intellectual property rights exemplary enterprises in the whole Municipality. The Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises shall be established by the Municipal Economic Commission, the Municipal Intellectual Property Bureau, the Municipal Administration of Industry and Commerce, the Municipal Copyright Bureau, the Municipal State-owned Assets Supervision and Administration Commission and the Municipal Finance Bureau. An office shall be set up under the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises, and all above-mentioned departments shall dispatch a person /persons to work in the office. The office shall be specifically responsible for the daily work of the project of establishing intellectual property rights exemplary enterprises in this Municipality.

　　Article 6 The functions of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises are as follows:

　　1. To be responsible for the decision-making for major issues of the project of establishing intellectual property rights exemplary enterprises;

　　2. To formulate the promotion plan of the project of establishing intellectual property rights exemplary enterprises; and

　　3. To insure the necessary auxiliary funds for the project of establishing intellectual property rights exemplary enterprises.

　　Article 7 The functions of the Office of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises are as follows:

　　1. To be responsible for the promotion of the project of establishing intellectual property rights exemplary enterprises;

　　2. To conduct the establishment and affirmation of intellectual property rights exemplary enterprises;

　　3. To summarize and spread the experience of exemplary enterprises, and direct the overall work thereof;

　　4. To carry out the work of publicity, training and commendation, and scheme some large-scale activities of special-topic that have large influence; and

　　5. To manage the necessary auxiliary funds for the project of establishing intellectual property rights exemplary enterprises.

　　Article 8 The necessary auxiliary funds for the project of establishing intellectual property rights exemplary enterprises in this Municipality shall be mainly used for the establishment, promotion, demonstration, publicity, commendation, and reward and encouragement thereof, as well as relevant subsidies to the exemplary enterprises.

　　Chapter III Requirements for the Establishment of Intellectual Property Rights Exemplary Enterprises, Tasks and Preferential Measures

　　Article 9 An intellectual property rights exemplary enterprise shall meet the following requirements:

　　1. To have comparatively large operation scale, and be among the best successful enterprises of the same trade in the technical level of products, market shares, economic returns and service quality;

　　2. Having set up the intellectual property rights system and the administration organization with specially-assigned full-time staff, and having set up effective operation mechanism;

　　3. To have the innovative research and development capacity of its own, take the lead in the key technology, and possess the core technology with intellectual property rights of its own;

　　4. Having drawn up intellectual property rights strategy and brought the creation, possession, utilization, management and protection of intellectual property rights into all links of the administration of the enterprise;

　　5. Its trademark enjoys comparatively high reputation and recognition of the public, and efforts have been vigorously made to establish its trademark to be a Chinese Well-known Brand or a Shanghai Famous Brand; and

　　6. Having paid attention to the enforcement of intellectual property rights and achieved obvious returns, and formed special features in the work of intellectual property rights with the demonstrative effect and value for dissemination and application.

　　Article 10 The tasks of an intellectual property rights exemplary enterprise are:

　　1. To formulate and implement the intellectual property rights strategy that is appropriate for the characteristics of the enterprise to enhance the core competitive power of the enterprise, and make use of the intellectual property rights strategy to gain and expand the market, so as to gain leverage in the competition at home and abroad;

　　2. To improve the technical innovation system, cultivate the core technology with intellectual property rights of its own, pay attention to the autonomous innovation or secondary development of frontier technology, and participate in the cooperation in technological innovation at home and abroad;

　　3. To make full use of patent documents and patent information, grasp the new development and trend of technology, formulate corresponding technological research and development strategy, and set up patent information database that is appropriate for its own characteristics;

　　4. To raise the amount and technological contents of the intellectual property rights of its own, quicken the formation of core intellectual property rights group, and enhance the sustainable development capacity of the enterprise;

　　5. To set up an encouragement mechanism, and in accordance with the relevant provisions of laws and regulations of the State and this Municipality, for the application of patent, the putting into practice of patent, and the transfer and licensing of the patented technology and copyright, give reward and encouragement and remuneration to the inventor, designer or copyright owner, and at the meantime, formulate relevant provisions to raise the level of reward and encouragement;

　　6. To adopt administration and protection system for trademark, formulate the cultivation and development plan of trademark, and actively establish its trademark to be Chinese Well-known Brand or Shanghai Famous Brand; and

　　7. To summarize the experience in the search, application, utilization, administration and protection of intellectual property rights, and attach importance to the integrated use of patent, trademark and copyright, so as to strengthen the capacity of utilizing intellectual property rights.

　　Article 11 The enterprise affirmed as Shanghai Intellectual Property Rights Exemplary Enterprise may enjoy the following preferential measures:

　　1. Subsidies for the expenses paid for the establishment of exemplary enterprise;

　　2. Subsidies for the expenses paid for the construction of patent information database;

　　3. Subsidies for the expenses paid for the application for patent and copyright, the affirmation of well-known brand and famous brand, and registration of software developed by itself; and

　　4. The exemplary enterprise with excellent achievements shall be commended and encouraged.

　　Chapter IV Application for, Affirmation and Re-examination of Intellectual Property Rights Exemplary Enterprises

　　Article 12 The enterprise that complies with the requirements for the project of establishing intellectual property rights exemplary enterprise in this Municipality may apply for the participation in the activity of the establishment project, and shall be brought into the cultivation list of the establishment project after examination and ratification by the Office of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises.

　　Article 13 The affirmation procedures of intellectual property rights exemplary enterprises shall be: the application by the enterprises, preliminary examination of the establishment, cultivation and selection, affirmation and plate-awarding, and regular announcement.

　　Article 14 The"Application Form for Shanghai Intellectual Property Rights Exemplary Enterprise"filled in by the enterprise shall be submitted to the Office of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises, the district/county economic department or the intellectual property department in three copies. The enterprise with a competent administrative department, enterprise subordinating to a holding （group） company or enterprise in a municipal-level development zone shall apply for the affirmation with the Office of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises through its corresponding competent administrative department, holding （group） company or administrative committee of development zone respectively. Where the enterprise applies for the affirmation with the Office of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises through its corresponding competent administrative department, holding （group） company or administrative committee of development zone, the unit that accepts and handles the application shall, after conducting preliminary examination of and gathering the application materials of the enterprise, submit the application to the Office of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises. State-owned or State-owned holding enterprise shall report the situation of establishing intellectual property rights exemplary enterprise to the State-owned assets supervision and administration organ for the record.

　　Article 15 The Office of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises shall, according to the requirements provided in these Procedures, examine and verify the application materials, and conduct on-spot inspection of the enterprise that applies for the affirmation.

　　Article 16 An enterprise affirmed as a qualified intellectual property rights exemplary enterprise by the Office of the Shanghai Municipal Commission for Promotion of Project of Establishing Intellectual Property Rights Exemplary Enterprises shall be announced by the Municipal Economic Commission, the Municipal Intellectual Property Bureau, the Municipal Administration of Industry and Commerce, the Municipal Copyright Bureau, the Municipal State-owned Assets Supervision and Administration Commission and the Municipal Finance Bureau jointly, and be awarded the Certificate of Affirmed Shanghai Intellectual Property Rights Exemplary Enterprise and the bronze plate of Shanghai Intellectual Property Rights Exemplary Enterprise.

　　Article 17 The affirmed intellectual property rights exemplary enterprise shall be re-examined once every year. Where an enterprise that is re-examined is unqualified, its enjoyment of preferential measures shall be suspended. Where an enterprise is unqualified for two times of re-examination, its qualification as an intellectual property rights exemplary enterprise shall be cancelled.

　　Article 18 Where an affirmed enterprise has employed trickery in the application or re-examination, its affirmed qualification shall be cancelled and its application for the affirmation shall not be accepted and handled in two years.

　　Chapter V Supplementary Provision

　　Article 19 These Procedures shall become effective upon the approval of the Municipal Peoples Government.