Notice on Issuing the Supporting Measures to Promote the High-quality Development of Intellectual Property in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone)

Normative Document No 10 [2023] of the Office of the Administrative Committee of Nansha Economic and Technological Development Zone of Guangzhou Municipality

Notice on Issuing the Supporting Measures to Promote the High-quality Development of Intellectual Property in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone)

All towns (subdistricts), departments of and agencies directly under Nansha Economic and Technological Development Zone (Nansha District),

The Supporting Measures to Promote the High-quality Development of Intellectual Property in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone) has been approved by the Administrative Committee of Nansha Economic and Technological Development Zone of Guangzhou Municipality and Nansha District People's Government and is hereby issued to you for your compliance and implementation. Problems encountered in the implementation shall be directly reported to Nansha District Intellectual Property Bureau.

Office of the Administrative Committee of Nansha Economic and Technological Development Zone of Guangzhou Municipality

Office of Nansha District People's Government of Guangzhou Municipality

October 13, 2023

Supporting Measures to Promote the High-quality Development of Intellectual Property in Guangzhou Nansha New Area (Nansha Area of Guangdong Pilot Free Trade Zone)

These Measures are formulated in light of the reality of Nansha to fully implement the principals proposed in the Outline Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area, the Outline for Building an Intellectual Property Powerhouse (2021-2035), the National Plan for Intellectual Property Protection and Use for the 14th Five-year Plan Period, the Overall Plan for Promoting Comprehensive Cooperation among Guangdong, Hong Kong and Macao by Further Deepening Opening-up in Nansha District of Guangzhou, the 14th Five-year Plan for China (Guangdong) Pilot Free Trade Zone and the Several Measures to Promote the In-depth Integration of the Innovation Chain, the Industrial Chain, the Capital Chain and the Talent Chain in Nansha District of Guangzhou. The Measures aim to steadily build Nansha into a strong district for intellectual property; continuously improve the quality, application efficiency, protection efficiency, management capacity and service of intellectual property; promote the high-quality development of intellectual property in Nansha; help Nansha build a significant strategic platform with global perspective that is based in the Greater Bay Area and in collaboration with Hong Kong and Macao while optimizing the business environment.

I. Scope of application

Enterprises, public institutions, social groups or individuals applying for the subsidy or reward specified in these Measures shall meet the criteria specified in the Several Measures to Promote the In-depth Integration of the Innovation Chain, the Industrial Chain, the Capital Chain and the Talent Chain in Nansha District of Guangzhou or one of the following requirements:

(i) They are natural persons who have registered their household in Nansha or work in Nansha and hold a residence permit of Guangdong Province which indicates that their residence is located in Nansha;

(ii) They are branches of intellectual property service agencies that actually engage in business activities in Nansha;

(iii) Hong Kong and Macao residents who work in Nansha, abide by laws and regulations and uphold "one country, two systems" shall be subject to the provisions of II (ix) (3) of these Measures.

In addition to statistical registration, military enterprises that meet relevant criteria specified in the Several Measures to Promote the In-depth Integration of the Innovation Chain, the Industrial Chain, the Capital Chain and the Talent Chain in Nansha District of Guangzhou shall fall into the scope of application of these Measures.

II. Specific support

(i) Support for creating high-quality intellectual property

1. For those who have won the golden prize, the silver prize or the excellence prize of the China Patent Award, a reward of one million yuan, 500,000 yuan or 200,000 yuan shall be granted for each prize.

2. For those who have won the golden prize, the silver prize or the excellence prize of the Guangdong Patent Prize, a reward of 500,000 yuan, 200,000 yuan or 100,000 yuan shall be granted for each prize. For those who have won the Guangdong Outstanding Inventor Award, a reward of 100,000 yuan shall be granted.

3. For those who have won China Trademark Awards or WIPO-NCAC Copyright Awards, a reward or one million yuan shall be granted for each award.

4. For those who have successfully registered a geographical indication trademark, a certification trademark (non-geographical indication trademark) or a collective trademark (non-geographical indication trademark), a subsidy of 200,000 yuan, 100,000 yuan or 100,000 yuan shall be granted for each trademark.

5. For those who have successfully registered a layout design of integrated circuits in China National Intellectual Property Administration (hereinafter referred to as "CNIPA"), a subsidy of 3,000 yuan per item shall be granted after the official announcement.

6. For those who have been rated as national intellectual property demonstration enterprises or advantageous enterprises for the first time, a reward of 500,000 yuan or 300,000 yuan shall be granted. For those who have passed the review for national intellectual property demonstration enterprises or advantageous enterprises, a reward of 50,000 yuan or 30,000 yuan shall be granted each time. For those who have been newly rated as intellectual property demonstration enterprises in Guangdong Province, a one-time reward of 300,000 yuan shall be granted.

7. For those who have been newly rated as national or provincial copyright demonstration enterprises (organizations, parks, bases), a one-time reward of 500,000 yuan or 300,000 yuan shall be granted.

Where the same project has won similar awards at multiple levels, only the highest award will be given. Where the same project is granted a lower-level reward before the higher-level rewards, the difference in between shall be made up.

(ii) Support for financial empowerment of intellectual property

1. Support for intellectual property pledge financing. Where a micro, small or medium-sized enterprise (hereinafter referred to as "MSME") obtains a loan from a banking financial institution by pledging its legally owned intellectual property, a subsidy of 50% of the evaluation fee, guarantee premium and insurance premium incurred in the loan shall be granted, maximum 50,000 yuan for each evaluation fee, guarantee premium and insurance premium. The subsidy for the guarantee premium and the insurance premium shall not be applied at the same time for one single intellectual property pledge loan.

After the MSME has repaid the principal and interest of the intellectual property pledge loan, a subsidy of 50% of the actual loan interest (not higher than the current loan prime rate (hereinafter referred to as "LPR") in the loan market) shall be granted for maximum one year for each loan. Each enterprise can apply for the subsidy only once a year, maximum 1 million yuan per year. The MSME can only choose either this subsidy or the intellectual property pledge financing subsidy granted by a municipal department.

2. Support for intellectual property securitization. For initiators that build an asset pool based on the intellectual property owned by enterprises in Nansha and issue intellectual property securities, a subsidy of 2% of the actual issuance amount shall be granted, maximum sxi million yuan. For enterprises that obtain financing through intellectual property securities in Nansha and have repaid the principal and interest of the loan, a subsidy of 3% of the actual financing amount as the annual interest rate (not higher than the LPR in the loan market) shall be granted. Each financing shall be subsidized for no more than three years, maximum two million yuan for one-year financing and maximum six million yuan cumulatively. The subsidy for the same organization shall not exceed its actual issuance cost or financing cost.

(iii) Support for transferring and licensing intellectual property

1. Intellectual property transferred or licensed to enterprises. For MSMEs that buy patents from domestic universities, scientific research institutions or state-owned enterprises with the purpose of transformation and implementation through transfer, and licensing and have completed patent transfer registration or licensing registration with CNIPA according to the law, a subsidy of 1% of the actual transfer or licensing fee shall be granted, maximum 1 million yuan.

2. Intellectual property transferred or licensed by universities or scientific research institutions. For universities or scientific research institutions that transfer or license more than 15 patents (times) to enterprises in Nansha, a reward of 50,000 yuan shall be granted. On this basis, a reward of 20,000 yuan shall be granted for every 10 new patents (times) transferred or licensed. The same organization shall be rewarded no more than 500,000 yuan per year.

3. Pilot of open patent licensing. For universities, scientific research institutions and state-owned enterprises that authorize enterprises in Nansha to use their patents through the Guangdong Patent License Publishing Platform and its sub-platforms, a reward of 2% of the actual licensing price shall be granted, maximum 500,000 yuan.

(iv) Support for strengthening intellectual property protection

1. Support for defending intellectual property. When enterprises and public institutions defend their intellectual property because their intellectual property is infringed or they are falsely accused of intellectual property infringement, and when the enterprises and public institutions win the case with an effective judgment of the court, a subsidy of 30% of their actual agency fee incurred shall be granted, maximum 500,000 yuan for each domestic case and 1 million yuan for each international case. The subsidy shall not exceed three million yuan for one organization each year. In addition, the total amount of funds at all levels received shall not exceed the actual agency fee.

2. Support for copyrighted software. For enterprises and public institutions that have registered more than 30 pieces of computer software copyright in the previous year, a subsidy of 30% of their costs of buying copyrighted software in the previous year shall be granted, maximum 500,000 yuan per organization per year.

(v) Support for buying intellectual property insurance

1. For enterprises and public institutions that buy overseas intellectual property insurance, a subsidy of 80% of the actual insurance fee paid shall be granted, maximum 500,000 yuan per organization per year. For enterprises and public institutions that buy other types of intellectual property insurance, a subsidy of 60% of the actual insurance fee paid shall be granted, maximum 200,000 yuan per organization per year. If they have been granted a similar subsidy by superior authorities, the difference between the superior one and the district-level one shall be made up.

2. Insurance institutions are encouraged to offer overseas intellectual property insurance. For overseas intellectual property insurance policies that have been claimed by and paid to enterprises in Nansha, a subsidy of 20% of the actual amount paid shall be granted to such insurance institutions, maximum 500,000 yuan per insurance institution per year.

(vi) Support for training intellectual property professionals

Those who have worked and bought social insurance continuously for one year or more in Nansha and have newly obtained the qualification certificate for national patent agents or the title "senior intellectual property engineers", a one-time reward of 30,000 yuan or 20,000 yuan shall be granted.

(vii) Support for developing intellectual property service

1. For patent agencies (including their branches) that have newly settled in Nansha, have operated for one year or more from the date of settlement in Nansha and have offered intellectual property service for no less than five enterprises, universities or scientific research institutions in Nansha within the year of application, a one-time settlement reward of 100,000 yuan shall be granted with the approval of Nansha's competent intellectual property administrative department.

2. For intellectual property service agencies whose annual main business income exceeds two million yuan, five million yuan or 10 million yuan and whose intellectual property service income accounts for more than 50% of their total business income, a one-time reward of 200,000 yuan, 500,000 yuan or one million yuan shall be granted. Those who have been granted this reward before shall only be rewarded the difference.

3. For newly recognized or newly introduced nationwide intellectual property service brands, a one-time reward of 500,000 yuan shall be granted. For newly recognized or newly introduced nationwide brand-building organizations that cultivate intellectual property service brands, a one-time reward of 300,000 yuan shall be granted. For wholly-owned subsidiaries newly established in Nansha by such organizations, a one-time reward of 100,000 yuan shall be granted. Only one subsidiary of each organization can be rewarded.

(viii) Support for developing a public service system for intellectual property

1. For the intellectual property protection organizations that serve the public interest established in Nansha with the approval of the State, Guangdong Province or Guangzhou Municipality, a subsidy of 500,000 yuan shall be granted each year for the assistance they provide, after the review and approval by Nansha's competent intellectual property administrative department.

2. For social organizations such as associations and alliances that are legally registered and established in Nansha for the purpose of promoting intellectual property development and providing intellectual property service in the public interest, a subsidy of 100,000 yuan shall be granted each year after the review and approval by Nansha's competent intellectual property administrative department.

3. For those identified as a National Intellectual Property Information Service Center, Technology and Innovation Support Center (TISC) or National Public Service Branch for Intellectual Property Information, a one-time reward of 500,000 yuan shall be granted. For those identified as Guangdong Public Service Branch for Intellectual Property Information, a one-time reward of 300,000 yuan shall be granted.

(ix) Support for the agglomeration of intellectual property organizations and professionals from Guangdong, Hong Kong and Macao

1. For companies or subsidiaries that have been established in Nansha for one year or more by high-quality Hong Kong or Macao intellectual property service agencies (with an investment ratio not lower than 50%) whose annual main business income exceeds 10 million Hong Kong dollars and have provided intellectual property agency, protection, early warning analysis, transaction transformation and other related services for enterprises or individuals in Nansha for more than 30 times within the application year, a one-time reward of 300,000 yuan shall be granted.

2. Hong Kong- or Macao-funded intellectual property service agencies are encouraged to develop in Nansha (the ratio of investment by Hong Kong or Macao enterprises or shareholders shall not be less than 50%). If they rent office space in Nansha for their own use, a subsidy of 50% of the actual rent shall be granted, maximum 50 yuan/square meter/month. The subsidy shall not exceed 1 million yuan per year. The subsidy period for the same agency shall not exceed three years.

3. For Hong Kong or Macao residents who work in Nansha and have newly obtained the national qualification certificate for patent agents or the title "senior intellectual property engineers", a one-time reward of 30,000 yuan or 20,000 yuan shall be granted.

4. In accordance with the Overall Plan for Promoting Comprehensive Cooperation among Guangdong, Hong Kong and Macao by Further Deepening Opening-up in Nansha District of Guangzhou and relevant policies and provisions, the enterprise income tax shall be levied at a reduced rate of 15% for intellectual property service agencies that settle in the pilot start-up area and meet certain requirements. For Hong Kong or Macao residents working in Nansha, the part of their individual income tax burden exceeding the tax burden of Hong Kong or Macao shall be exempted.

(x) Support for promoting mutual recognition of intellectual property with Hong Kong and Macao

1. Enterprises that pledge the intellectual property verified in Hong Kong or Macao for financing or intellectual property securitization shall be subsidized in accordance with II (ii) of these Measures.

2. Enterprises that file an intellectual property case or are sued because their intellectual property in Hong Kong or Macao is infringed or they are falsely accused of intellectual property infringement and win the case shall be subsidized in accordance with II (iv) of these Measures.

3. Enterprises that buy insurance for intellectual property in Hong Kong or Macao shall be subsidized in accordance with II (v) of these Measures.

3. Supplementary provisions

If the same project meets the criteria for the subsidy or reward specified in these Measures and other supporting policies of Nansha (including the policy requiring Nansha District to grant auxiliary subsidy or reward), the highest subsidy or reward shall prevail and shall be granted only once, unless otherwise stipulated. Enterprises that have received the support according to the "one enterprise, one policy" principle shall not receive the support specified in these Measures, except for those that voluntarily give up the support according to the "one enterprise, one policy" principle. If an organization or individual receiving the subsidy or reward specified in these Measures uses false materials to defraud the subsidy or reward, Nansha's competent intellectual property administrative department has the right to cancel or recover the funds and cancel the eligibility of the organization or individual to apply for any subsidy or reward specified in these Measures within three years.

Nansha's competent intellectual property administrative department should formulate and issue an application guide to clarify the application requirements, granting procedure, required documents, etc., and the department should request the review group for the final review and approval of the funds for intellectual property projects.

"Win the case" as mentioned in these Measures refers to the situation where an effective judgment of the court determines that the applicant's intellectual property right is infringed or that the applicant has not infringed other's intellectual property right. All the currency mentioned in these Measures is CNY, unless otherwise indicated. The words describing numerical values including "maximum", "exceed", "more than", "no less than" and "not lower than" in these Measures include the base values.

These Measures should enter into force from the date of issuance and will be valid for five years. In case of any change or adjustment to relevant laws, regulations, or policies within the validity term of these Measures, such change or adjustment shall prevail.

Form of Disclosure: Active Disclosure

Issued by the Secretariat of the Office of the Administrative Committee of Nansha Economic and Technological Development Zone of Guangzhou Municipality on October 13, 2023