Regulation

Xi'an Jiaotong-Liverpool University Intellectual Property Information Service Center Management Measures

 

 

Chapter 1 General Principles

 

Article 1: To implement the "College and University Intellectual Property Information Service Center Construction Implementation Measures" (National Intellectual Property Office No. 62 [2017]) and the "College and University Intellectual Property Management Standards" (GB/T 33251-2016), deeply implement the national innovation-driven development strategy, improve the public service network of intellectual property information, enhance the innovation capacity of colleges and universities, standardize the behavior of intellectual property information service centers, and protect the legal rights and interests of intellectual property information service centers, these measures are formulated.

Article 2: The Xi'an Jiaotong-Liverpool University Intellectual Property Information Service Center (hereinafter referred to as the "Center") is affiliated with the university library, and the director of the center is concurrently served by the library director.

Article 3: The basic responsibilities of the center are: based on the school's intellectual property information service-related work, to provide full-process support services for the creation, utilization, protection, and management of the school's intellectual property rights, to support the school's collaborative innovation and the construction of advantageous disciplines, and to promote the transformation of scientific and technological achievements of the school.

Article 4: The center strictly abides by relevant national laws, regulations, and policies, is based on the school's intellectual property information service needs, and carries out relevant work of intellectual property information services.

 

 

Chapter 2 Work Principles

 

Article 5 Objectivity Principle

1. The center provides intellectual property information services to the client objectively and fairly in accordance with relevant national laws and regulations, without interference from other requirements of the client, including the client's requests for search and analysis conclusions with obvious directional objectives for their own benefit.

2. Intellectual property information services must be based on objective facts, providing credible service conclusions, and the center will maximize the objectivity and fairness of the reports issued.

Article 6 Confidentiality Principle

The center undertakes the obligation of confidentiality for the information provided by the client according to the service agreement. The service agreement is signed to clarify the rights and obligations of both parties regarding confidentiality matters. The information submitted by the client during the service process is confidential, and some information is a state secret listed in the "Law of the People's Republic of China on the Protection of State Secrets," such as search commissions related to major national decision-making affairs, search commissions related to national defense construction entrusted by military scientific research institutes or the military, etc. Except for the client or the person or organization designated by the client, the third party allowed by laws and regulations, and the competent judicial administrative organ, the center and its staff promise not to disclose any confidential information in the service to anyone.

Article 7 Avoidance Principle

The center and its staff must be a third party with no interest relationship with the client. When the center contacts with the client for business, it should check for conflicts of interest with the client. When the business entrusted by the client has a conflict of interest with the information service business that the center has completed or is undergoing, the center will no longer accept this entrustment. For example, when the purpose of the analysis is patent infringement, the center will not accept the entrustment of both the patentee and the alleged infringer at the same time.

 

 

Chapter 3 Institutional Setup

 

Article 8: The center implements a director responsibility system and carries out work under the leadership of the senior management team of Xi'an Jiaotong-Liverpool University.

Article 9: The center is divided into a consulting service group, an expert group, a brand promotion group, and an event operation group. The responsibilities of each group are as follows:

1. Consulting Service Group. Responsible for the daily acceptance, task assignment, report completion, review submission, and settlement of fees of intellectual property information service entrustment business; implementation of various business standards, and the implementation of team building, staff training, and business performance assessment plans.

2. Expert Group. Composed of specially appointed experts from inside and outside the school, providing professional support for intellectual property information services in legal and technical aspects.

3. Brand Promotion Group. Build a platform for the promotion of intellectual property, enhance the awareness of intellectual property among teachers and students. Carry out themed promotional activities such as the "4•26" World Intellectual Property Publicity Week to create a strong intellectual property culture atmosphere.

4. Event Operation Group. Responsible for the organization of forums, conferences, and other activities. Jointly explore core technologies with all organizations and elements in the intellectual property operation chain, improve the quality and value of patents from the source, and cultivate high-value patents; strengthen the connection with the industry, and actively promote industry-university-research cooperation.

 

 

Chapter 4 Business Implementation

 

Article 10: Strictly abide by relevant regulations and policies, based on customer needs, carry out intellectual property information service work.

Article 11: Business Scope

1. Undertake the collection, organization, and analysis of the school's intellectual property information and related data and literature intelligence.

2. Provide consulting and suggestions for the establishment of the school's intellectual property rights management system, major intellectual property affairs, and major decisions.

3. Support the construction of the school's advantageous disciplines, and cooperate with the school's intellectual property management institutions to provide intellectual property information services for major scientific research projects. The main services include: patent literature delivery services, patent legal status search services, patentability search services, patent stability search services, patent infringement search services, patent competitive intelligence search services, technological innovation decision analysis services (including patent services for major scientific research projects), patentability analysis services, patent stability analysis services, patent infringement analysis services, etc.

4. Participate in the school's industry-university-research collaborative innovation, assist in the asset management and operation of the school's intellectual property rights, track intellectual property achievements with potential for transfer and transformation, and provide relevant analysis reports such as patent competitiveness, patent stability, potential transfer/transformation target enterprise search, etc., to promote the transfer and transformation of the school's intellectual property rights.

5. Undertake the school's intellectual property information-related training, strengthen the information service talent team, carry out intellectual property information literacy education, and promote and popularize intellectual property information knowledge and skills.

6. Provide practical venues and professional guidance for the school's teachers and students to carry out intellectual property information analysis and innovation activities, and participate in the school's intellectual property teaching research, talent training, and international exchange activities.

7. Give play to the advantages of information resources and talents, and provide intellectual property information services for the economic industry development of the local area.

8. Provide intellectual property information services for government departments and social enterprises and institutions according to the above content.

Article 12: Business Acceptance

1. Entrustment application. Customers can submit information service entrustment applications through online or offline forms.

2. Business acceptance. Discuss and communicate with the customer according to the information provided by the customer, such as: technical background materials, project research and development report content, search strategy, report completion time, etc.

3. Service payment. The customer pays the corresponding service fee according to relevant regulations.

4. Service launch. Relying on the library's information resources and information service work process, carry out corresponding search and analysis according to national laws and regulations.

5. Complete the report. Write a fair and objective intellectual property information service report.

6. Submit the report.

 

 

Chapter 5 Personnel Qualifications

 

Article 13: Qualifications for professional staff of the center:

1. Familiar with the business work of this professional field, with a high theoretical level, solid professional knowledge, and rich practical experience.

2. Obtain relevant qualification certificates issued or certified by the Ministry of Education or intellectual property management departments, including the Ministry of Education's scientific and technological innovation staff/reviewers, national patent information practitioners, and college patent information analysis practical training class completion certificates, etc.

3. Have an intermediate or above professional technical title, or hold a position corresponding to an intermediate or above professional technical title.

4. Have a related professional background, with a high level of foreign language and good information retrieval and analysis capabilities.

5. Have more than three years of relevant work experience.

 

 

Chapter 6 Service Guarantee

 

Article 14: The university establishes a growth mechanism for the investment of the intellectual property information service center, responsible for providing personnel support and financial security for the construction of the center.

Article 15: The university library is responsible for constructing the infrastructure required for the work of intellectual property information services, including related domestic and foreign literature resources, databases, information analysis tools, and other digital resources and software and hardware facilities.

Article 16: The center forms a team for intellectual property information services, and carries out intellectual property information service work in combination with the actual situation of the university.

Article 17: The center is responsible for improving various organizational management mechanisms, establishing and perfecting internal management regulations, intellectual property management systems, and service work systems.

 

 

Chapter 7 Operation and Management

 

Article 18: The center accepts business guidance and support from the National Intellectual Property Office, the Ministry of Education's competent departments in aspects such as resource construction, talent training, formulation of business standards, and construction of exchange platforms.

Article 19: The center, in accordance with relevant national laws, regulations, and service content, negotiates with the client according to the relevant requirements agreed by both parties, signs relevant agreements, and issues reports; establishes a system for the special management and use registration of seals.

Article 20: The client needs to provide clear information according to the needs of specific service projects, such as geographical scope, time interval, technical scope, applicant, inventor, application date, publication date, classification number, keywords, etc.

Article 21: If the client cannot provide the technical information required to complete the intellectual property service, such as the application number, technical field theme, etc., the center refuses to accept the service.

Article 22: For the service requests that have been accepted, the center needs to go through the main steps of demand submission, demand confirmation, relevant search, search result delivery, feedback and confirmation, settlement, and filing.

Article 23: The search report issued by the center should generally include the following contents according to the different entrusted tasks: search time, search personnel, review personnel, entrustment time, technology scheme to be searched, search database, basic search elements, search formula and results, search literature list, etc.

Article 24: Some business work of the center belongs to paid services. The service charge standard is formulated in accordance with relevant national regulations, implemented after approval by the relevant departments, and can be adjusted regularly/irregularly according to the actual situation; each charge is truthfully registered, and the university's financial department provides invoices for the client.

 

 

Chapter 8 Archives Management

 

Article 25: The center improves the archive management mechanism, does a good job in the filing and archiving of archives, and has a special person in charge of management.

Article 26: Establish a center project archive library (paper archives, electronic archives), including:

1. All intellectual property service project archives;

2. Archives of changes in intellectual property information service personnel;

3. Archives of intellectual property information service personnel participating in professional continuing education and training.

 

 

Chapter 9 Assessment and Supervision

 

Article 27: The center carries out daily self-management and supervision, and does not hold or participate in any activities unrelated to the center's responsibilities in the name of the center.

Article 28: The center implements a regular/irregular assessment system, and the National Intellectual Property Office, the Ministry of Education's Science and Technology Development Center, and the university's competent departments supervise and assess the center's work.

Article 29: The center accepts the supervision and assessment of the higher intellectual property office and education competent department on the work situation of the center, and regularly reports the work summary and the next year's work plan.

 

 

Chapter 10 Supplementary Provisions

 

Article 30: These measures shall come into effect from the date of promulgation.

Article 31: These measures are interpreted by the Xi'an Jiaotong-Liverpool University Intellectual Property Information Service Center.