Qiannan Prefecture Market Supervision and Administration Bureau

Qianxinan Prefecture Market Supervision and Administration Bureau (Qianxinan Prefecture Intellectual Property Bureau) Functional Configuration, Internal Organizational Structure, and Staffing Regulations

Article 1 These regulations are formulated in accordance with the “Notice of the Office of the CPC Qiandongnan Prefecture Committee and the Office of the Qiandongnan Prefecture People's Government on Forwarding the ‘Qiandongnan Prefecture Institutional Reform Plan’” and the “Implementation Opinions of the CPC Qiandongnan Prefecture Committee and the Qiandongnan Prefecture People's Government on the Institutional Reform of the Prefectural-Level Institutions of Qiandongnan Prefecture.”

Article 2 The Qianxinan Prefecture Market Supervision and Administration Bureau is a working department of the prefectural people's government, classified as a first-level department, and also serves as the Qianxinan Prefecture Intellectual Property Bureau (hereinafter referred to as the Prefectural Market Supervision Bureau [Prefectural Intellectual Property Bureau]).

Article 3 The State Market Supervision Bureau (State Intellectual Property Office) implements the policies and decisions of the Party Central Committee, the Provincial Party Committee, the Provincial Government, the State Party Committee, and the State Government regarding market supervision and intellectual property work. In the course of performing its duties, it upholds and strengthens the Party's centralized and unified leadership over market supervision and intellectual property work. Its main responsibilities are:

(1) Responsible for comprehensive market supervision and management. Participate in the drafting of policies related to market supervision and management and intellectual property rights, implement the Quality-Driven Prefecture Strategy, Intellectual Property Rights-Driven Prefecture Strategy, Food Safety Strategy, and Standardization Strategy, formulate and implement relevant plans, regulate and maintain market order, and create a market environment characterized by integrity, trustworthiness, and fair competition.

(2) Responsible for the unified registration and licensing of market entities. Guide the registration and licensing of various types of enterprises, farmers' specialized cooperatives, units engaged in business activities, individual businesses, and representative offices of foreign (regional) enterprises. Establish a mechanism for the public disclosure and sharing of market entity information, legally disclose and share relevant information, strengthen credit supervision, and promote the construction of a market entity credit system.

(3) Responsible for organizing and guiding comprehensive market supervision and law enforcement work. Guide the integration and development of comprehensive market supervision and law enforcement teams across the prefecture and counties (cities), promote the implementation of unified market supervision; coordinate the investigation and handling of major and complex cases and cross-regional law enforcement work; standardize market supervision and intellectual property administrative law enforcement behavior.

(4) Responsible for anti-monopoly enforcement within its authority; coordinate the implementation of competition policies, and guide and promote the implementation of the fair competition review system. Conduct anti-monopoly reviews of business concentration activities within its authority; be responsible for anti-monopoly enforcement work such as monopoly agreements, abuse of market dominance, and abuse of administrative power to exclude or restrict competition in accordance with the law and authorized powers. Actively cooperate with the Guizhou Provincial Market Supervision Administration to guide enterprises in the prefecture in anti-monopoly litigation abroad.

(5) Supervise and manage market order. Supervise and manage market transactions, online commodity transactions, and related services in accordance with the law. Organize and guide the investigation and handling of violations of price and fee regulations, unfair competition, illegal direct sales, pyramid schemes, infringement of trademark and patent intellectual property rights, and the production and sale of counterfeit and substandard products. Guide the development of the advertising industry, supervise and manage advertising activities, and guide the investigation and handling of unlicensed production and operation activities and related unlicensed production and operation activities. Guide the State Consumer Association in conducting consumer rights protection work.

(6) Responsible for macro-level quality management. Draft and implement systems and measures for quality development. Coordinate the construction and application of the state's quality infrastructure, collaborate with relevant departments to implement the quality supervision system for major engineering equipment, organize investigations into major quality accidents, implement the defective product recall system, and supervise and manage product anti-counterfeiting work.

(7) Responsible for product quality and safety supervision and management. Conduct risk monitoring of product quality and safety, and organize state-level supervisory spot checks. Implement quality grading systems and quality safety traceability systems. Guide industrial product production licensing management. Responsible for fiber quality supervision work.

(8) Responsible for special equipment safety supervision and management. Comprehensive management of special equipment safety inspections and supervision, and supervision and inspection of the implementation of energy-saving standards for high-energy-consuming special equipment and environmental protection standards for boilers.

(9) Responsible for comprehensive coordination of food safety supervision and management. Organize the formulation and implementation of major food safety policies across the prefecture. Responsible for the construction of the food safety emergency response system, organizing and guiding emergency response and investigation and handling of major food safety incidents. Establish and improve the direct reporting system for important food safety information. Undertake the daily work of the prefectural government's food safety committee.

(10) Responsible for food safety supervision and management. Establish and implement a supervision and inspection system and hazard identification and rectification mechanism covering the entire process of food production, circulation, and consumption to prevent regional and systemic food safety risks. Promote the establishment of mechanisms for food producers and operators to fulfill their primary responsibilities, improve the food safety traceability system, and organize and carry out food safety supervision and sampling, risk monitoring, verification and disposal, risk warning, and risk communication. Implement the supervision and management of special foods.

(11) Responsible for the supervision and management of drugs, cosmetics, and medical devices. Responsible for the licensing, inspection, and penalties related to drug retail and medical device operations, as well as the inspection and penalties related to cosmetics operations and the quality of drugs and medical devices in use.

(12) Be responsible for the unified management of metrology work. Promote the use of legal units of measurement and the national metrology system, manage measuring instruments, and oversee the transmission and comparison of measurement values. Regulate and supervise commodity quantities and market metrology practices.

(13) Be responsible for the unified management of standardization work. Legally organize the formulation of state-level local standards, coordinate, guide, and supervise the formulation of group standards and enterprise standards. Actively participate in the formulation of international standards, national standards, and provincial standards, and organize the adoption of international standards and advanced foreign standards.

(14) Responsible for the unified management of inspection and testing work. Promote reforms of inspection and testing institutions, standardize the inspection and testing market, improve the inspection and testing system, and guide and coordinate the development of the inspection and testing industry.

(15) Responsible for the unified management, supervision, and comprehensive coordination of certification and accreditation work. Implement the national unified certification and accreditation and conformity assessment supervision and management system.

(16) Responsible for formulating and implementing policies, measures, and development plans for strengthening intellectual property rights in the state. Promote the implementation of management policies and systems for the creation, protection, and utilization of intellectual property rights. Promote the construction of an intellectual property public service system and organize the dissemination and utilization of intellectual property information such as trademarks and patents.

(17) Responsible for protecting intellectual property rights. Implement systems for protecting intellectual property rights such as trademarks, patents, and geographical indications. Study policies for protecting, managing, and serving intellectual property rights in new fields, new business models, and new modes of operation. Implement plans for the construction of an intellectual property protection system and promote the development of such systems. Guide trademark and patent registration and enforcement work, and guide the resolution of intellectual property disputes, rights protection assistance, and dispute mediation.

(18) Responsible for promoting the utilization of intellectual property rights. Draft policies on the utilization and standardized transactions of intellectual property rights to promote the transfer and conversion of intellectual property rights. Advance intellectual property rights evaluations for major economic activities and related work on overseas transfers. Guide the assessment of intellectual property rights as intangible assets. Promote the development of the intellectual property rights service industry; coordinate major intellectual property rights-related activities.

(19) Responsible for science and technology, informatization, news publicity, emergency response, and public opinion monitoring in market supervision and management. Undertake technical trade measures-related work in accordance with regulations.

(20) In conjunction with departmental responsibilities, carry out work related to military-civilian integration and poverty alleviation. Increase investment in science and technology, enhance scientific and technological innovation capabilities, and provide support for the advancement of innovation-driven development. Be responsible for work safety and fire safety within this department and industry sector.

In accordance with regulations, carry out work related to the development and application of big data and the management of government data resources, and promote the standardized management, sharing, and openness of departmental government data resources in accordance with the law.

(21) Complete other tasks assigned by the State Party Committee, State Government, Provincial Market Supervision Administration (Intellectual Property Bureau), and Provincial Drug Administration.

(22) Adjustment of responsibilities.

1. The responsibilities of the State Administration for Industry and Commerce (including the Dongxiang Grand Health Demonstration Zone Branch, Kaili Economic Development Zone Branch, and Kaili Economic Development Zone Branch Economic Inspection Brigade), the State Food and Drug Administration, and the State Quality and Technical Supervision Bureau (including the Kaili Economic Development Zone Branch)

into the State Market Regulation Bureau (State Intellectual Property Bureau), and no longer retain the State Administration for Industry and Commerce, the State Administration for Industry and Commerce Kaili Economic Development Zone Branch, the State Administration for Industry and Commerce Guizhou Dongxiang Grand Health Industry Demonstration Zone Branch, the State Bureau of Quality and Technical Supervision, the State Bureau of Quality and Technical Supervision Kaili Economic Development Zone Branch, and the State Food and Drug Administration.

2. The price supervision and inspection and anti-monopoly responsibilities previously undertaken by the State Development and Reform Commission have been transferred to the State Market Supervision Bureau (State Intellectual Property Bureau).

3. The anti-monopoly-related responsibilities previously undertaken by the State Commerce Bureau have been transferred to the State Market Supervision Bureau (State Intellectual Property Bureau).

4. The intellectual property management responsibilities previously undertaken by the former State Science and Technology Bureau (State Intellectual Property Bureau) have been transferred to the State Market Supervision Bureau (State Intellectual Property Bureau).

5. Transfer the administrative functions of the State Patent Enforcement Team to the State Market Supervision and Administration Bureau (State Intellectual Property Office).

6. Adjust the subordinate public institutions of the State Administration for Industry and Commerce, the State Quality Supervision Bureau, and the State Food and Drug Administration to be managed by the State Market Supervision and Administration Bureau (State Intellectual Property Office).

7. The administrative functions of the public institutions under the State Market Supervision Bureau (State Intellectual Property Office) shall be transferred back to the bureau. Other institutional and staffing matters, such as name changes, shall be specified separately.

(23) Functional transformation.

1. Vigorously promote quality improvement. Strengthen comprehensive quality management and the construction of the state-wide quality infrastructure system, improve quality incentive mechanisms, and promote brand development. Implement the mandatory reporting system for enterprise product quality and safety incidents, as well as the first-ask and advance compensation systems for operators. Innovate third-party quality evaluation mechanisms, reinforce the primary responsibility of producers and operators, and promote advanced quality management methods. Fully implement the self-declaration and supervision system for enterprise product and service standards, cultivate and develop technically advanced group standards, benchmark against international, domestic, and provincial standards to elevate the overall standard level of the state, and use standardization to advance the construction of a quality-strong state.

2. Deepen the reform of streamlining administration and delegating power. Deepen business system reform, reform systems such as enterprise name approval and market entity exit, deepen the “separation of licenses and permits” reform, promote “reduction of permits after obtaining a license,” and reduce the time required to establish a business. Accelerate the marketization and socialization reform of testing and inspection institutions.

Further reduce activities such as evaluations, certifications, awards, and model creation, reduce administrative approval items, and promote the optimization of the business environment.

3. Strictly adhere to safety standards. Follow the requirements of “the most rigorous standards, the strictest supervision, the most severe penalties, and the most serious accountability,” and strengthen the supervision of food safety, industrial product quality safety, and special equipment safety in accordance with the law. Strengthen on-site inspections, severely punish illegal and irregular behavior, effectively prevent systemic risks, and ensure that the people can buy, use, and eat with confidence.

4. Strengthen mid-term and post-term supervision. Accelerate the cleanup and abolition of various regulations and practices that hinder the unified market and fair competition, and strengthen anti-monopoly and anti-unfair competition enforcement. Strengthen supervision based on standards, strengthen risk management, comprehensively implement “double random, one public” and “Internet+supervision,” accelerate the sharing of supervision information, and build a new market supervision system with information disclosure as a means and credit supervision as the core.

5. Improve intellectual property management. Integrate resources, optimize processes, and improve the quality and efficiency of services at intellectual property registration and application acceptance points. Implement policies restricting the conditions for shareholders or partners of patent agencies and lower the entry barriers for the intellectual property service industry.

Strengthen the promotion and publicity of the National Intellectual Property Information Public Service Platform to facilitate the dissemination and utilization of intellectual property information. Strengthen supervision of the intellectual property agency industry and protect the legitimate rights and interests of rights holders.

6. Improve service levels. Accelerate the integration of consumer complaints, quality supervision reports, food and drug complaints, intellectual property complaints, and price reporting hotlines. Promote the convenience of the entire process from market entry to exit, actively serve the development of new technologies, new industries, new business models, and new modes of operation, use big data to strengthen services for market entities, actively serve individual businesses, private enterprises, and the public, and promote mass entrepreneurship and innovation.

(24) Division of responsibilities.

1. Division of responsibilities with the State Public Security Bureau. The State Market Supervision Bureau and the State Public Security Bureau shall establish a mechanism for coordinating administrative law enforcement and criminal justice work. If the market supervision and administration department discovers that a violation of the law constitutes a crime, it shall promptly transfer the case to the public security authorities in accordance with relevant regulations. The public security authorities shall promptly review the case and make a decision on whether to file a case or not in accordance with the law. If the public security authorities lawfully request the market supervision and administration department to assist in inspections, appraisals, or determinations, the market supervision and administration department shall provide such assistance.

2. Division of responsibilities with the State Agriculture and Rural Affairs Bureau. (1) The State Agriculture and Rural Affairs Bureau is responsible for the quality and safety supervision and management of edible agricultural products from the production stage (including planting and breeding) until they enter wholesale, retail markets, or production and processing enterprises. Once edible agricultural products enter wholesale, retail markets, or production and processing enterprises, they are supervised and managed by the State Market Supervision Bureau. (2) The State Agriculture and Rural Affairs Bureau is responsible for the supervision and management of quality and safety in animal and plant disease prevention and control, livestock slaughtering processes, and raw milk collection processes. (3) The two departments shall establish a food safety origin exit, market entry, and traceability mechanism, strengthen coordination and cooperation, and form a regulatory synergy.

3. Division of responsibilities with the State Health and Wellness Bureau. The State Health and Wellness Bureau is responsible for food safety risk assessment and, in conjunction with the State Market Supervision Bureau and other departments, formulates and implements food safety risk monitoring plans. If the State Health and Wellness Bureau discovers through food safety risk monitoring or receives a report indicating that food may pose a safety hazard, it shall immediately organize testing and food safety risk assessment, and promptly notify the State Market Regulation Bureau of the results of the food safety risk assessment. For food deemed unsafe, the State Market Regulation Bureau shall immediately take measures. If the State Market Regulation Bureau discovers during its supervision and management work that a food safety risk assessment is necessary, it shall promptly propose a suggestion to the State Health and Wellness Bureau.

Article 4 The State Market Supervision and Administration Bureau (State Intellectual Property Office) shall have the following internal institutions:

(1) Office. Responsible for the daily operations of the agency, including handling official documents, information, statistics, confidentiality, security, petitions, confidential matters, family planning, government information disclosure, comprehensive documents, drafting of documents, news publicity, news releases, and comprehensive statistics; Provides logistical services and support for the State Bureau; undertakes market supervision and management supervision and guidance work; is responsible for work related to production safety and fire safety in this department and industry; coordinates and promotes the deepening of market supervision and management reforms; organizes and conducts research on market supervision and management policies; drafts and implements medium- and long-term plans for market supervision and management throughout the state; coordinates the emergency response and investigation and handling of major accidents related to market supervision and management; coordinates and organizes major publicity activities; organizes market supervision and management public opinion monitoring, analysis, and coordination and handling work; Drafting market supervision and management information disclosure systems.

(2) Legal Affairs Division. Responsible for organizing the drafting of policies related to market supervision and management and intellectual property rights; conducting legal reviews of normative documents issued by the agency; reviewing and conducting hearings for administrative penalty cases; designing enforcement procedures in accordance with laws and regulations, standardizing discretionary power, and conducting administrative enforcement supervision; undertaking or participating in administrative reconsideration, administrative litigation, and administrative compensation matters; organizing and conducting legal education and publicity campaigns; Responsible for formulating the department's list of powers and responsibilities; responsible for legal advisory work.

(3) Registration and Licensing Guidance Division. Drafting systems and measures for the unified registration and licensing of market entities and guiding their implementation; guiding the full electronicization of registration and licensing processes; analyzing and disclosing registration and licensing information; guiding administrative licensing related to market supervision and administration and intellectual property rights; managing the archives of market entities and state-level administrative approvals across the prefecture; and carrying out related work on military-civilian integration.

(4) Credit Supervision and Management Division. Drafts and implements systems and measures for credit supervision and management; organizes and guides supervision and inspection of market entity registration and registration activities; organizes and guides credit classification management and information disclosure work; and is responsible for national enterprise ....................