2020-11-25
In recent years, with the development of new mode and new format, "Internet plus" intellectual property service has become an important form of intellectual property service. It has also developed some irregular practices in the rapid development and innovation. In the "blue sky" operation, the State Intellectual Property Office and the local intellectual property bureaus fully fulfill the supervision and control responsibilities of the intellectual property service industry. In line with the principle of "prudent supervision and inclusive development", we will innovate the intelligent supervision mode, monitor the IP service status of the network platform in real time, guide the network platform to carry out business according to law, and effectively regulate the level of the network platform for the purpose of regulating and honest operation Taiwan intellectual property service behavior further creates a good industry development environment.
(1) Centralized governance of illegal patent agency behavior of e-commerce platform merchants
The newly revised patent agency regulations in 2019 provide severe punishment measures for "black agent" behavior. Article 24 of the administrative measures for patent agency further requires "patent agency to publicize and undertake patent agency business through Internet platform The information such as the license shall be continuously publicized in the prominent position on the front page ". The e-commerce law also defines the obligation rules for e-commerce operators and platform operators to strengthen the submission and examination of administrative license information.
During the "blue sky" operation, the State Intellectual Property Office found that some platform merchants illegally released patent agency business information and suspected of non qualified patent agency behavior through active monitoring of relevant e-commerce platforms. The State Intellectual Property Office timely organizes relevant local bureaus to discuss and rectify relevant e-commerce platforms, and requires full performance of platform responsibilities and standardizes "black agent" behaviors according to law. After the interview, the e-commerce platform was quickly rectified, with 109 offline merchants as a whole, and 3062 commodity links of 1221 merchants were deleted.
Through the negotiation and rectification, the e-commerce platform has made a case study, established a long-term governance mechanism, upgraded monitoring technology, strengthened the pre-examination and real-time monitoring of patent agency qualification of new merchants, developed the products with bright certificates and continuously publicized the qualification certificate of the business online. Optimize monitoring strategies, strengthen monitoring and control of behaviors that evade supervision by mistake and change the head and face, and strive to build a management system of the whole life cycle in advance, in and after the event, and jointly create a good network intellectual property service environment.
(2) Standardize the online trademark agency and transaction behavior of intellectual property service website
In the newly revised trademark law in 2019 and the newly issued regulations on regulating the registration of trademark applications, the relevant obligations of trademark agency to regulate the operation in accordance with law are further clarified. In view of the malicious trademark registration behavior that the agent does not use for the purpose, the punishment rules for correction, warning and fine within a time limit are clarified until the trademark agency business is stopped.
In 2020, since the supervision of trademark agency is included in the "blue sky" action, the State Intellectual Property Office adheres to the concept of guiding and standardizing the healthy development of new business intellectual property services, and focuses on monitoring the trademark agency and 9 large intellectual property service websites with large volume of transactions. The supervision and control finds that there are "different clients in the same or similar businesses" in each relevant IP service website The illegal behaviors such as applying for the same trademark in the goods or services, accepting the entrustment to apply for trademark in malicious manner for the purpose of not using, collecting the fees of the client in the official name, and claiming that the trademark registration application can be expedited are illegal and illegal acts.
The State Intellectual Property Office entrusts relevant professional institutions and judicial appraisal institutions to timely 27 groups of fixed evidences for illegal acts by means of Internet, big data, blockchain, electronic certificate storage and other technologies, and organizes relevant local intellectual property management departments to discuss relevant intellectual property service institutions. After the negotiation, the platform has been involved in the transaction of 160 odd malicious applications for trademark purposes, involving more than 2500 pieces of the malicious application, involving more than 2500 market players, and deleting more than 10 websites of suspected illegal publicity and other illegal websites. It effectively regularities the trademark agency and trading behavior of the network platform, and promotes the healthy development of the new format of Internet plus intellectual property services. Good guiding industry development concept plays an important role.
Through the interview and rectification, the intellectual property service website has clarified the requirements of laws and regulations and responsibilities. In view of the same trademark application issues submitted to different clients, the operation specifications should be improved, the data system optimized, the corresponding trademark applications will be automatically checked, compared and intercepted; the obligation of notification shall be fulfilled, and the collection of customer related relationship data shall be done; the manual audit link shall be added to collect the relevant information from the source The agency behavior of different applicants corresponding to the same trademark shall be avoided on the head. In view of the acts of malicious trademark application for agency transactions, improve the transaction audit process, improve the audit standards, comprehensively check the proposed trademarks on the platform, and delete any problems immediately. In view of the problems of collecting the fees of the client and false publicity in the official name, the relevant pages in the website have been deleted, and the auditing standards of the new online pages have been improved, and similar problems are firmly eliminated.