State Intellectual Property Office: Further Strengthening the Protection of Photovoltaic Intellectual Property Rights

2025-12-31 16:19:22

On December 31, the State Intellectual Property Office and the Ministry of Industry and Information Technology issued the "Opinions on Further Strengthening the Protection of Intellectual Property Rights in the Photovoltaic Industry", clearly adhering to the combination of effective market and promising government, strengthening policy guidance, strengthening the dominant position of enterprises in the market, and creating a good intellectual property environment.

On December 31, the State Intellectual Property Office and the Ministry of Industry and Information Technology issued the "Opinions on Further Strengthening the Protection of Intellectual Property Rights in the Photovoltaic Industry", clearly adhering to the combination of effective market and promising government, strengthening policy guidance, strengthening the dominant position of enterprises in the market, and creating a good intellectual property environment. Adhere to the combination of innovation incentives and quality improvement, further stimulate

At the same time, the Opinion clearly States that by 2027, intellectual property rights will have achieved remarkable results in promoting the healthy development of the photovoltaic industry. China's photovoltaic industry has more abundant intellectual property reserves, cultivating a number of high-value patents with competitive advantages; the protection of intellectual property rights has been continuously strengthened, the level of transformation and application of intellectual property rights has been continuously improved, and the ability to deal with intellectual property risks has been steadily improved.

The original text is as follows:

Opinions

of the State Intellectual Property Office and the Ministry of Industry and Information Technology on Further Strengthening the Protection of Intellectual Property Rights in the Photovoltaic Industry Guo Zhi Fa Bao Zi [2025] No.41

All provinces, autonomous regions, In order to thoroughly implement the decisions and arrangements of the Central Committee of the Communist Party of China and the State Council, give full play to the value function of intellectual property protection and innovation incentives, effectively crack the "involution" competition, continuously create a fair and orderly market environment, and promote the healthy development of the photovoltaic industry, the Intellectual Property Office of the municipality directly under the Central Government and the Sinkiang Production and Construction Corps, the competent department

of industry and information technology, The following opinions are put forward. Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the

overall requirements

are to fully implement the spirit of the 20th and 20th Plenary sessions of the CPC, focus on key links and key areas of the photovoltaic industry chain, strengthen intellectual property protection, strengthen risk response, and promote the development of photovoltaic industry. Create a good atmosphere for the whole industry to respect intellectual property rights and innovation, stimulate the role of intellectual property rights in promoting the construction of modern photovoltaic industry system, and serve the construction of a strong manufacturing country and a strong intellectual property country.

We should adhere to the combination of effective market and promising government, strengthen policy guidance, strengthen the dominant position of enterprises in the market, and create a good intellectual property environment. We should adhere to the combination of innovation incentives and quality improvement, further stimulate the initiative of photovoltaic enterprises to innovate and create intellectual property rights, and accelerate the distribution of high-quality intellectual property rights. We should adhere to the combination of strict protection and efficient application, improve the smooth protection pattern, and establish a standardized and orderly market-oriented patent operation mechanism.

By 2027, intellectual property rights have achieved remarkable results in promoting the healthy development of the photovoltaic industry. China's photovoltaic industry has more abundant intellectual property reserves, cultivating a number of high-value patents with competitive advantages; the protection of intellectual property rights has been continuously strengthened, the level of transformation and application of intellectual property rights has been continuously improved, and the ability to deal with intellectual property risks has been steadily improved.

Key tasks

(1) Promoting the distribution of high-quality patents. Enterprises are encouraged to increase R & D investment, accelerate technological progress of TOPCon batteries, back contact batteries and heterojunction batteries, and strengthen the distribution of high-value patents. Enterprises should be guided to face the frontier technologies such as perovskite and tandem batteries , and reserve basic patents ahead of time. Strengthen the guidance of enterprise patent layout, guide enterprises to increase innovation in inverters, key raw materials, equipment, system components and other fields, and carry out patent mining and cultivation in upstream and downstream links such as optical storage integration, intelligent management system and integrated operation and maintenance. Strengthen the layout requirements of intellectual property rights in relevant special projects of photovoltaic industry, highlight the quality orientation, and form patent achievements matching the key objectives.

(2) Improving the efficiency of patent pre-examination and examination. Give full play to the role of national intellectual property protection center and provide professional and efficient patent pre-examination services for photovoltaic enterprises. We will further smooth the "green channel" for patent priority review, accelerate the implementation of the on-demand review system, and help photovoltaic enterprises improve the quality and efficiency of patent application layout by means of delayed review and centralized review . Support qualified enterprises to face diversified international markets, formulate layout strategies according to local conditions, and make full use of the patent examination highway (PPH) channel to carry out overseas patent layout .

(3) Strengthen the monitoring and early warning of intellectual property risks. We will promote the establishment of a mechanism for reporting intellectual property risks from the preparation of photovoltaic upstream raw materials to

(4) Strengthen the efficient handling of administrative adjudication of disputes. To guide the intellectual property management departments of provinces (autonomous regions and municipalities directly under the Central Government) where the photovoltaic industry is concentrated and the competent departments of industry and information technology to establish a special mechanism for resolving photovoltaic patent disputes, and to handle administrative adjudication cases of patent infringement disputes efficiently in accordance with the law and regulations. We will promote the establishment of a cross-regional joint trial mechanism for administrative adjudication of photovoltaic patent infringement disputes. We will improve the technical investigator system, strengthen the construction of the intellectual property appraisal system, strengthen the efficient coordination between the administrative adjudication of patent infringement disputes and the administrative procedures for related rights confirmation in https://www.databm., speed up the trial of related cases and improve the efficiency of rights protection.

(Five) strengthen the coordinated protection of intellectual property rights. To establish an information sharing mechanism , the intellectual property management department regularly copies the information of administrative adjudication cases to the competent departments of industry and information technology, state-owned assets supervision and management, customs management and other departments, so as to effectively regulate the intentional infringement and repeated infringement of intellectual property rights in the photovoltaic field. The competent departments of industry and information technology strictly implement the requirements of the standard conditions of the photovoltaic manufacturing industry, and strengthen the dynamic management of the list of enterprises with the standard conditions of the photovoltaic manufacturing industry according to the comprehensive evaluation of the core patents of enterprises and the ruling of the administrative ruling on the infringement of intellectual property rights. Strengthen the customs protection of intellectual property rights, strictly implement the requirements of the Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights, and prohibit the import and export of photovoltaic products infringing intellectual property rights according to law.

(6) Strengthen the regulation of infringement in bidding. Central enterprises and state-owned enterprises should play an exemplary and leading role, resolutely put an end to the manufacture, sale and use of goods infringing intellectual property rights, and encourage bidding enterprises to explicitly require them to independently promise that there is no violation of intellectual property rights in relevant products in tender documents. The results of administrative rulings or effective judicial judgments on intellectual property infringement disputes are taken as an important basis in the procurement and bidding process of state-owned enterprises.

(7) Guiding the development of diversified dispute resolution. Give full play to the docking mechanism of "general to general" litigation and mediation, and resolve intellectual property disputes in photovoltaic industry ahead. Conditional areas are encouraged to rely on intellectual property protection centers and other organizations to carry out intellectual property mediation in the photovoltaic industry. Support industry associations and other social organizations to actively participate in the mediation of intellectual property disputes in photovoltaic enterprises. Conditional arbitration organizations are encouraged to strengthen the construction of professional teams for intellectual property arbitration in the photovoltaic industry. Give full play to the role of industry organizations and issue self-regulatory initiatives to respect intellectual property rights in the photovoltaic industry.

(8) Promoting the efficient transformation and application of intellectual property rights. Relying on the patent inventory system of universities and scientific research institutions, we will accelerate the docking of supply and demand and industrial application of patents in the photovoltaic field. Give full play to the role of photovoltaic enterprises, industry associations and research institutions, build industrial intellectual property operation centers, set up patent pools in accordance with the principles of marketization, balance of interests, openness and non-discrimination, and promote the efficient transformation and coordinated use of intellectual property rights in the industrial chain.

(Nine) strengthen overseas intellectual property risk response. We will improve the overseas intellectual property rights protection assistance mechanism for the photovoltaic industry. Strengthen the prevention of intellectual property risks in international exhibitions, product exports, overseas investment and other activities of photovoltaic enterprises. Give full play to the role of overseas intellectual property disputes in guiding photovoltaic industry sub-centers, guide photovoltaic enterprises to strengthen overseas intellectual property information communication and exchange, and improve their ability to deal with overseas intellectual property disputes. Make good use of high-value patent reserves and coordinate to deal with overseas intellectual property litigation. Support enterprises to set up mutual funds for overseas rights protection of photovoltaic industry to help reduce the cost of dealing with intellectual property risks.

(10) Improving the level of intellectual property capability of enterprises. Guide photovoltaic enterprises to establish intellectual property compliance management system. Strengthen special training on intellectual property protection of photovoltaic enterprises. Supporting research institutions and intellectual property protection centers to regularly train intellectual property managers for photovoltaic enterprises, and accelerating the cultivation of a number of high-level compound talents to support the transformation and application of intellectual property rights and risk response in the photovoltaic industry. Give full play to the role of intellectual property public service institutions, and strengthen public service support for photovoltaic enterprises to tackle key technical problems. Promote exchanges and cooperation with high-level photovoltaic industry associations in the "the Belt and Road" countries and other countries (regions), and contribute to the development of the global photovoltaic industry in China.

(11) Strengthen the construction and protection of trademark brands. To guide photovoltaic enterprises to improve their brand management ability and enhance the level of brand creation, application and protection. Promote photovoltaic enterprises to actively shape a good image of Chinese brands and create well-known brands with international influence. We will strengthen the protection of trademarks and severely crack down on counterfeiting well-known trademark brands and malicious applications for trademark registration.Photovoltaic enterprises should be guided to monitor the use of overseas trademarks, reduce the risk of overseas trademarks and domain names being registered, and handle overseas intellectual property disputes in a timely and proper manner.

Work guarantee

intellectual property management departments and competent departments of industry and information technology shall establish a coordination and consultation system for the development of intellectual property rights in the photovoltaic industry, strengthen overall guidance and form a normal communication mechanism. Actively explore the mode of central-local linkage and regional cooperation. We will increase support for public service platforms in the photovoltaic field, and support photovoltaic enterprises with outstanding innovative R & D and intellectual property management capabilities in project declaration and credit management. To pool overseas high-quality service resources and organize industry associations to establish characteristic think tanks covering experts in intellectual property, industry, law, public service and other fields. Strengthen the publicity of intellectual property protection in photovoltaic field, innovate publicity methods, collect and promote excellent cases, and create a good social atmosphere of respecting intellectual property rights and advocating innovation.

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Correlation

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