The Gansu Province Intellectual Property Promotion and Protection Regulations, adopted at the 24th meeting of the Standing Committee of the 14th Gansu Provincial People's Congress on July 30, 2026, have been officially announced and will take effect on September 1, 2026.
The regulations are structured into five chapters, covering general principles, promotion and utilization, protection, services and management, and supplementary provisions. They aim to foster the creation and application of intellectual property (IP), strengthen IP protection, stimulate societal innovation, cultivate and develop new quality productive forces, and promote high-quality economic and social development in the province.
The regulations apply to all IP-related activities within Gansu's administrative region, defining IP as exclusive rights over works, inventions, utility models, trademarks, geographical indications, trade secrets, integrated circuit layout designs, new plant varieties, and other objects specified by law. The principles guiding this work include encouraging creation, efficient utilization, legal protection, scientific management, and optimized services.
Governments at or above the county level are tasked with leading IP promotion and protection, incorporating it into national economic and social development plans with necessary funding. The IP administrative department is responsible for coordinating these efforts, with specific duties for patents, trademarks, geographical indications, trade secrets, and layout designs. Other departments, including those for copyright, agriculture, forestry, and grassland, will handle their respective areas.
Provincial authorities will strengthen IP strategy research and implement provincial-level IP projects with performance evaluations. Governments will use fiscal, tax, financial, industrial, and talent policies to build an IP innovation system, driving transformation in traditional industries, cultivating strategic emerging sectors, and advancing future industries.
Entities like enterprises, universities, and research institutions are encouraged to create high-value IP in new fields and distinctive industries. There is a focus on supporting works creation and copyright registration, promoting patent conversion models like "use before payment" and "open licensing," and advancing trademark branding initiatives to elevate brands such as "Gan Wei" and "Long Brand."
Geographical indication cultivation and protection are emphasized, alongside trade secret protection through technical measures and agreements. The regulations support integrated circuit layout design registration, new plant variety innovation, and the development of a data-related IP protection mechanism.
Cultural IP, including Yellow River culture, Silk Road culture, and red culture, will be promoted through trademarks, branding, copyright operations, and geographical indication applications. An IP operation service system using big data, AI, and blockchain will be built to enhance transaction efficiency.
Incentive mechanisms like equity and profit-sharing are encouraged for IP creation and use. Enterprises, universities, and research institutions can form industry IP alliances and patent pools for resource sharing and joint rights protection. A patent navigation mechanism will guide key industries such as petrochemicals, new energy, and biomedicine.
Financial innovations, including IP pledge financing, insurance, and securitization, are supported. Talent development programs will cultivate IP professionals, with tax incentives for IP-related expenses.
The protection framework combines administrative and judicial protection, government supervision, industry self-discipline, and social oversight. Cross-regional and cross-departmental enforcement mechanisms will be established, utilizing digital tools like source tracing and real-time monitoring. An IP technical investigator system will assist in resolving technical facts in cases.
Judicial authorities will enforce IP laws, issue typical cases, and implement punitive damages. Administrative and judicial procedures will be linked through information sharing and coordination. Diversified dispute resolution mechanisms, including mediation and arbitration, are promoted, along with foreign-related IP dispute guidance and aid.
Government projects must include IP non-infringement commitments, and network service providers must implement internal IP protection and rapid complaint handling. Trade fair organizers and large event hosts must protect IP rights and prevent infringement.
Public service systems will offer information retrieval, legal consultation, and rights protection aid. Measures will prevent bad-faith patent and trademark applications. A credit classification system will manage IP-related credit, and service industry supervision will ensure professionalism.
Statistical monitoring will track IP development, and customs cooperation will prevent infringing goods from crossing borders. Inter-provincial collaboration and international exchanges, especially with Belt and Road countries, are encouraged. A complaint and reporting mechanism for IP violations will reward tip-offs on major offenses.
State workers abusing power or derelicting duties will face penalties, and violations will be punished per law. The regulations take effect on September 1, 2026.