Traditional Culture Encyclopedia - Traditional customs - What is the significance of intellectual property law to the healthy development of China's economy? The answer is 1000 words.
What is the significance of intellectual property law to the healthy development of China's economy? The answer is 1000 words.
Our reporter Chao Yushan's photo report
The reporter recently learned from the opening ceremony of the National Intellectual Property Publicity Week and the China Intellectual Property Forum that in 20 10, the number of invention patent applications in China exceeded 390,000, ranking second in the world. The previously released Outline of the Twelfth Five-Year Plan for National Economic and Social Development pointed out in its main objective that "the number of invention patents per 10,000 people will increase to 3.3".
"Increasing the number of patents as soon as possible is of great significance for implementing the national intellectual property strategy, accelerating the transformation of economic development mode and building an innovative country." Experts attending this high-level forum on intellectual property rights in China said that the importance of intellectual property rights to economic development has become increasingly prominent.
April 26th this year was the 1 1 World Intellectual Property Day, and 25 departments including China National Intellectual Property Administration and the Propaganda Department of the CPC Central Committee launched a week-long national intellectual property publicity week. The theme of this year's National Intellectual Property Publicity Week is "Intellectual property promotes economic transformation".
Intellectual property promotes economic transformation.
Tian Lipu, director of China National Intellectual Property Administration, delivered an important speech at the China Intellectual Property Forum. He said that some economically developed areas in China are turning the advantages of owning patents into the advantages of economic transformation and development, and a number of advantageous enterprises with core technology patents and strong international competitiveness have emerged. This once again confirms that the role of intellectual property rights in promoting economic transformation is increasingly apparent.
Tian Lipu pointed out that this year is the first year of the Twelfth Five-Year Plan, and the next five years will be a crucial period for China to accelerate the strategic adjustment of its economic structure and the transformation of its development mode, to thoroughly implement the intellectual property strategy and complete the phased objectives of the National Intellectual Property Strategy Outline, to lay a solid foundation for the full realization of the strategic objectives, and also a strategic opportunity period for the scientific development of intellectual property services and the continuous improvement of the social influence of intellectual property work. It is necessary to accurately grasp the new demand of China's economic and social development for intellectual property work, actively coordinate the two overall situations at home and abroad, persist in taking service to accelerate the transformation of economic development mode as the starting point and the end result, persist in promoting intellectual property rights and economic integration as the main direction, comprehensively promote intellectual property protection as the key link, and focus on strengthening intellectual property construction. Adhere to overall consideration and enjoy development as the fundamental method, make scientific planning and make solid progress, and add new impetus to the realization of the overall national planning objectives.
On June 5, 2008, the State Council promulgated the Outline of National Intellectual Property Strategy, which marked the rise of intellectual property rights to a national strategy. In the three years since the implementation of the national intellectual property strategy, China's intellectual property work has reached a new level, the vitality of social innovation has been stimulated, the status of enterprise innovation has been established, and intellectual property protection has increasingly become the mainstream of the whole society.
Statistics show that by the end of 20 10, there were 2216,000 valid patents in China, of which domestic valid patents accounted for 82.4%, and in 2006 it was 75.5%. Among the effective invention patents, the domestic proportion is slightly lower than that of foreign countries, but it has maintained a steady growth momentum in recent years, and the proportion has increased significantly; At the same time, the proportion of service inventions in domestic valid invention patents increased from 70. 1% in 2006 to 81.3% in 20 10; Among the valid invention patents, the domestic share increased steadily from 33.3% in 2006 to 45.7% at the end of 20 10. Effective invention patents are providing strong support for the transformation of China's economic development mode.
Intellectual property promotes the development of emerging industries.
"The intellectual property system is an important legal system to encourage and protect innovation, and it is a battleground for military strategists in the current international competition. The use of intellectual property rights has become an important way and means to win market competition. " Han Jun, deputy director of the Science and Technology Department of the Ministry of Industry and Information Technology, pointed out in his speech at the forum.
Han Jun said that the national Twelfth Five-Year Plan clearly stated that the added value of strategic emerging industries accounted for about 8% of GDP during the Twelfth Five-Year Plan period. Last year, the State Council issued the Decision on Accelerating the Cultivation and Development of Strategic Emerging Industries, which also set this goal and a longer-term goal by 2020. Vigorously developing strategic emerging industries is the focus of optimizing economic structure and changing development mode for a long time at present and in the future. The "Twelfth Five-Year Plan" is a crucial period for developing strategic emerging industries, and it is of great significance to make a good start. Intellectual property rights play an important role in promoting the development of strategic emerging industries, and whether the best benefit of this booster can be exerted is one of the decisive factors to realize the development goals of strategic emerging industries in China.
"As the most important production factor and wealth resource, intellectual property rights have become an important embodiment of the core competitiveness of enterprises and even the competitiveness of the country. The intellectual property system is the strategic support for building an innovative country and an important guarantee for promoting the development of strategic emerging industries. " Meng, deputy inspector of the High-tech Industry Department of the National Development and Reform Commission, said in his speech at the forum.
He said that intellectual property rights have a far-reaching impact on the independent innovation ability of industries and directly determine the competitiveness of products and services. The key to the competition of strategic emerging industries is to master independent intellectual property rights. To cultivate and develop strategic emerging industries, we must give full play to the role of intellectual property system in promoting and guiding the independent innovation of market players. At present, China's strategic emerging industries have a certain foundation. For example, more than 1/3 of the national science and technology progress award evaluation projects in 2065,438+00 belong to strategic emerging industries. Searching China's patent database, it is found that among the 23 key directions of strategic emerging industries, invention patents in biomedical engineering, aviation, rail transit, satellite application, high-performance composite materials, biomedicine, advanced environmental protection, high efficiency and energy saving account for more than 90% in China.
Meng stressed that to accelerate the development of China's strategic emerging industries, we must adhere to the national intellectual property strategy and strengthen the creation, application, protection and management of intellectual property rights.
First, strengthen the connection and coordination of science and technology policies, industrial policies and intellectual property policies, especially the connection between major science and technology projects and major industrial innovation projects and the layout of intellectual property rights, and highlight the role of intellectual property rights in promoting technological innovation, industrial development and technological progress.
Second, encourage and guide enterprises and scientific research institutions to increase investment, concentrate on breaking through key core technologies that affect industrial development in key areas, accelerate the formation of intellectual property rights, increase incentives for innovative achievements with remarkable social benefits, and improve the level of independent intellectual property creation.
Third, actively study policies and measures to promote the transformation of independent innovation achievements, improve the benefit protection and realization mechanism of intellectual property transfer and transformation in universities and scientific research institutions, encourage enterprises to jointly build professional alliances, establish efficient intellectual property evaluation and trading mechanisms, and guide the development and application of intellectual property with regional characteristics.
Fourth, strengthen enterprises' awareness of intellectual property protection, encourage enterprises to actively apply for patents, trademarks and other intellectual property rights, support enterprises to increase investment in intellectual property rights, and carry out innovations in investment and financing systems and mechanisms such as intellectual property pledge financing.
"With the joint efforts of the whole society, fully implementing the national intellectual property strategy and giving full play to the basic guarantee role of intellectual property rights will promote the vigorous development of strategic emerging industries." Meng Xianyu said.
Feng Xiaoqing: The intellectual property system should plan the future based on reality.
Our reporter Wu reports.
The current international competition is the competition of science and technology. Intellectual property rights reflect the innovation ability of enterprises and also determine the core competitiveness of enterprises in the future. The National Twelfth Five-Year Plan outlines that we should vigorously implement the intellectual property strategy. Facing the increasingly fierce international competition, how should high-tech enterprises in China implement the intellectual property strategy and win the opportunities for future development? Recently, the reporter interviewed Feng Xiaoqing, a professor and doctoral supervisor at the Institute of Intellectual Property Law of China University of Political Science and Law, and director of the Intangible Assets Management Research Center of China University of Political Science and Law.
Reporter: The theme of this year's World Intellectual Property Day is "Designing the Future". What does this theme mean in the current situation?
Feng Xiaoqing: "Designing the future" has a deep connotation. Judging from the current situation, this theme has the following meanings: first, the construction of intellectual property system should be based on reality and plan for the future. At present, some international legislative activities to promote the internationalization of intellectual property system reflect this point. As far as the domestic intellectual property system is concerned, so is it. At present, the trademark law is being revised for the third time, and the third revision of the copyright law has also been put on the agenda, and the relevant anti-unfair competition law has also been proposed to be revised.
Second, intellectual property protection and system operation need to face the future. The formulation and implementation of the national intellectual property strategy well embodies this point. Taking the formulation and implementation of national intellectual property strategy as an example, planning major intellectual property issues directly related to economic, technological and cultural development in the next 5-20 years has long-term and overall characteristics. China's proposal to build an innovative country by 2020 is undoubtedly the best interpretation of "designing the future".
Third, the economic and social development directly related to intellectual property rights not only needs to face the future, but also needs to be planned in advance with a forward-looking vision, so as to guide the current economic, technological and social development activities and form an incentive mechanism. The national "Twelfth Five-Year Plan" adopted not long ago is an important embodiment in this regard.
In addition, Designing the Future also embodies the combination of ideal and reality, goal and present situation, pursuit and motivation, and puts forward a beautiful vision for life blueprint and career development. As far as the intellectual property system is concerned, it puts forward a beautiful vision for the perfection of the system and can inspire people to make better use of this "important invention" to benefit mankind.
Reporter: In the current international competition, intellectual property rights are an important embodiment of enterprises' innovative ability. In the future, how should China enterprises further improve their innovation ability?
Feng Xiaoqing: Intellectual property has increasingly become an important global topic and hot issue, which is directly related to the current economic globalization, the rapid development of science and technology and the increasing internationalization of the intellectual property system. High-tech fields are closely related to intellectual property rights. The vitality of high-tech enterprises lies in improving their innovation ability and acquiring more core technologies and key technologies with independent intellectual property rights. As far as China's high-tech enterprises are concerned, innovation and intellectual property rights are also two extremely important contents in their development and growth, which are of strategic significance.
To improve the innovation ability of high-tech enterprises, we should focus on the following points: first, attach importance to the construction of independent innovation ability and form a good innovation consciousness and culture; Second, increase investment in innovation and appropriately increase the share of R&D investment in sales; Third, closely combine the scientific and technological strength of enterprises and explore innovative models suitable for their own development; Fourth, attach importance to technological innovation activities, so that enterprises can truly become the main body of technological innovation; Fifth, attach importance to the use of intellectual property strategy to promote innovation activities, closely combine enterprise innovation activities with the implementation of intellectual property strategy, establish an effective mechanism for the integration of technological innovation and intellectual property strategy, and promote the construction and improvement of innovation ability through the implementation of intellectual property strategy.
Reporter: What are the aspects of intellectual property rights as the core competitiveness of enterprises, and how should enterprises formulate and implement intellectual property strategies?
Feng Xiaoqing: Intellectual property is an important core competitiveness of enterprises, which is embodied in the following aspects: intellectual property itself has become an important intangible asset of enterprises; With intellectual property rights, you can turn technological advantages into market advantages and competitive advantages by virtue of monopoly exclusive rights endowed by law, thus gaining strong market competitiveness; Through the implementation of intellectual property rights, it can bring direct high profits and brand effects to enterprises and strive for more consumers. Based on the importance of intellectual property to enterprises, under the current international competitive environment, it is undoubtedly of great significance for enterprises to formulate and implement intellectual property strategies without losing time.
To this end, enterprises can adopt the following strategies: first, establish a strategic awareness of intellectual property rights, both to protect intellectual property rights and to manage intellectual property rights; The second is to bring the management and protection of intellectual property rights into the whole process of enterprise production and operation, and implement the whole process of intellectual property management and protection; The third is to build internal intellectual property management system and mechanism, such as establishing and perfecting a complete intellectual property management and protection system, introducing and identifying intellectual property management professionals, and establishing intellectual property management specialized institutions and intellectual property information service networks; Conduct intellectual property training for enterprise employees, promote intellectual property culture and innovation culture, and promote the construction of intellectual property culture in enterprises; Fourth, pay attention to R&D investment and form independent intellectual property rights in time, which is particularly important for high-tech enterprises; Fifth, according to the situation of specific enterprises and the competitive environment they are facing, choose the appropriate forms and strategies of intellectual property strategy, such as offensive strategy and defensive strategy are different forms. In addition, we should be good at learning and studying the successful experience of other people's intellectual property strategy.
Reporter: With the development of economy and science and technology in China, intellectual property disputes between domestic enterprises and foreign enterprises in the high-tech field are becoming more and more frequent. Faced with this situation, how should enterprises respond?
Feng Xiaoqing: There are more and more intellectual property disputes in the high-tech field, showing the following problems: high-tech is closely related to intellectual property rights, and high-tech achievements are an important object of intellectual property protection, and the intellectual property system has become an important guarantee for protecting high-tech achievements and promoting the development of high-tech industries; High-tech enterprises pay more and more attention to gaining market competitive advantage with intellectual property rights as a weapon; In the high-tech field, intellectual property protection is becoming more and more important and strategic.
As far as China's high-tech enterprises are concerned, in order to deal with intellectual property disputes with foreign enterprises in the high-tech field, we can take countermeasures from the following aspects: first, try our best to understand and master the knowledge and means to deal with intellectual property disputes, such as the strategy to deal with the US 337 dispute; Second, take precautions and establish a daily mechanism to deal with intellectual property disputes, such as an intellectual property risk prevention mechanism, to prevent problems before they happen; Third, in the event of a dispute, flexible measures should be taken according to the laws and market conditions of the countries and regions where the dispute is handled. For example, the cost of handling disputes in China is relatively low, while the cost of handling disputes abroad is relatively high, which requires the strong support of industry associations and the government; Fourthly, if China enterprises are in the position of being sued, measures should be taken to turn passive into active, such as settlement, counterclaim, patent invalidation request and cross-licensing. Fifth, pay attention to retaining evidence and facts in daily intellectual property activities, and provide sufficient evidence for possible intellectual property disputes, so as to win the initiative of litigation and increase the success rate of litigation; Sixth, take corresponding countermeasures flexibly according to disputes. For example, for patent infringement litigation, if there is considerable evidence, you can request to declare the other party's patent invalid and use cross-licensing to solve the dispute.
Protecting intellectual property rights and promoting the sustainable development of enterprises
Our reporter Guo Tao Ge Qingping reports.
"Independent intellectual property rights are the core competitiveness of enterprises. Only by continuous independent innovation can we maintain the novelty, creativity and practicality of independent intellectual property rights of enterprises, and enterprises can find their own living soil in the vast market and open up a new world. " On the occasion of World Intellectual Property Day, Ken Wu, chairman of Yancheng Kangjie Sucralose Manufacturing Co., Ltd., said that practice has proved that only by strengthening intellectual property protection can we promote the sustainable development of enterprises.
The World Pattern of Intellectual Property Competition
Chong Quan, deputy representative of international trade negotiations of the Ministry of Commerce, said recently that with the development of economy, intellectual property protection has become the need of China's own development. 20 10 China ranks second in the world in patent applications and first in trademark registration. China has made intellectual property rights a national strategy, and the foundation of intellectual property protection is solid.
Since the outbreak of the international financial crisis, the international trade situation has become increasingly severe. Statistics show that during the two years from 2009 to 20 10, Jiangsu Province alone encountered various trade friction cases 13 1, involving as much as $5.4 billion. The importance of protecting intellectual property rights is self-evident for enterprises and even the whole country. However, domestic enterprises' understanding of intellectual property rights only stays at the protection level, and there are few cases of using intellectual property rights to expand the market. Yancheng Kang Jie Company took the initiative to respond to the US 337 investigation, which not only won the case, but also expanded the market, providing a useful reference for domestic enterprises.
It is reported that Yancheng Kang Jie Company has developed rapidly since it took the initiative to join the US 337 investigation lawsuit in 2009 and won a great victory. In 20 10, the company's annual sales revenue exceeded 200 million yuan, and foreign exchange earned by export reached 20 million dollars, with an annual growth rate of over 60%. Yancheng Kang Jie Company seized the opportunity to apply for a patent after winning the case. At present, the company has applied for 8 patents in China, 4 international patents, 4 patents in China and 3 patents in the United States.
"The future competition is the competition of intellectual property rights. China should establish corresponding institutions, formulate overseas strategies for intellectual property rights, guide' going out' enterprises to safeguard their rights overseas and protect their legitimate rights and interests. " This is the speech made by Chen Wusheng, chairman of China Tongling Technology Group, at this year's CCTV China Economic Person of the Year Award Ceremony. Chen Wusheng said that western countries have implemented the intellectual property system for more than 200 years, with quite mature rules and regulations and rules of the game, and corresponding institutions to protect the interests of domestic enterprises. China should also formulate overseas strategies in the field of intellectual property rights, guide "going out" enterprises to safeguard their rights overseas, actively respond to international trade frictions and protect their legitimate rights and interests.
Create a strategic highland of intellectual property rights
Intellectual property rights include copyrights, patents, industrial designs and trademarks, and patent protection is the main content of intellectual property protection. In recent years, domestic enterprises attach great importance to patent applications, and the number of patent applications has increased significantly. Through the rational use of patented technology, domestic enterprises have developed rapidly.
"For three consecutive years, we have produced more than 20 new patents every year." Sun Jiangtao, executive director of Qianbaowang (Beijing) Information Technology Co., Ltd. said that it is precisely because of the emphasis on technology patents that the sales volume of chips with a thickness of only 0. 125mm in the second year is 1000 times that in the first year and1000 times that in the third year.
"At present, we have mastered the core technology of low-light quantum technology." Hu Xiangming, chairman of Beijing Tsinghua Huishi Technology Co., Ltd., said that the company is about to mass-produce the microcomputer brain-refreshing instrument, and has received orders from many dealers at home and abroad. This technology can also be applied to construction, transportation, clothing, printing and other industries.
Sand-based permeable brick is rated as one of the four new materials of Shanghai World Expo, and it is only a part of the rainwater collection, storage and utilization system project of Renchuang Science and Technology Group. Last year, based on Shengtai sand-based permeable brick technology, Renchuang Technology further innovated and developed a new generation of Shengtai filter bricks, filter ditches, filter wells and other core components, developed Shengtai permeable and impervious sand, including nearly 50 patented technologies, and creatively developed system solutions. In 20 10, the number of patent applications in R&D center of renchuang technology group reached 10 1.
In Dongguan, citizens can use POS machines to buy fresh fruits and vegetables at the farmers' market as long as they carry mobile phones with SIMpass mobile payment function. This new technology comes from Beijing Qiqi Data System Co., Ltd. Up to now, Qiqi has applied for more than 500 patents at home and abroad, and 20 10 has applied for patents 168.
While attaching importance to domestic patents, many powerful large enterprises have also begun to attach importance to the Patent Cooperation Treaty (PCT). This means that patents granted in one member country are valid in other member countries, and it is also an internationally recognized important indicator to measure technological innovation. In 2008, Huawei applied for 1737 PCT patents, surpassing Panasonic, Philips and Siemens, ranking first in the world in PCT patent applications. In 20 10, ZTE also caught up, ranking second in the world with 1863 pieces.
While enterprises actively strengthen the protection and application of intellectual property rights, the state regards creating a good environment for intellectual property protection and incentives as a key task. When interpreting the outline of the 12th Five-Year Plan, the spokesman of the National Development and Reform Commission said that to develop strategic emerging industries, we should focus on breaking through key core technologies and mastering relevant intellectual property rights, further improve the policy environment and market environment, so that strategic emerging industries can truly embark on a new road that relies mainly on innovation to promote development.
In the national high-tech zone, many plans to build a strategic highland of intellectual property rights are also under way. "Zhongguancun National Independent Innovation Demonstration Zone Intellectual Property Promotion Project" has entered the stage of full implementation: implementing the intellectual property promotion plan of Zhongguancun key industry alliance, supporting alliance enterprises to establish industry patent database, and carrying out dynamic analysis and research on key industry patents; Implement Zhongguancun's plan of "attracting excellent intellectual property to help the strong" and guide high-quality patent agency resources to provide high-quality patent mining and management services for Zhongguancun innovation pilot enterprises; Implement Zhongguancun high-tech enterprise cultivation plan, adopt the form of intellectual property custody, and provide different types of intellectual property custody package services; In Zhongguancun, we will carry out a pilot project of pledge disposal of intellectual property loans and implement a standardized management system for intellectual property rights of enterprises. In Shanghai, Shanghai Science and Technology Entrepreneurship Center and Qingpu Park of Shanghai Zhangjiang High-tech Zone are planned to be cultivated into national demonstration areas for small and medium-sized enterprises with intellectual property advantages within three years. The establishment of the National Intellectual Property Pilot Park in Hangzhou High-tech Zone has passed the acceptance test, and a number of enterprises with intellectual property advantages represented by Wanxiang, Kong Zhong and Huasan Communication have been cultivated. ...
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