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How to move towards an intellectual property power

The creation of property rights is both quantitative and qualitative

On June 5, 2008, the State Council promulgated and implemented the "National Intellectual Property Strategy Outline", raising intellectual property work to the national strategic level.

Since the implementation of the intellectual property strategy, the number of various types of intellectual property rights in our country has grown rapidly. From 2007 to 2017, the number of valid domestic invention patents (excluding Hong Kong, Macao and Taiwan) increased from 96,000 to 1.356 million; the number of national copyright registrations increased from 138,000 to 2.748 million; the total number of new agricultural and forestry plant varieties The number of applications increased from 1,616 to 11,000; the number of registered and issued integrated circuit layout designs nationwide increased from 345 to 2,572 in 2017; the number of patent applications and trademark registrations ranked first in the world for 7 consecutive years and 16 years respectively. Bit... Over the past 10 years, under the guidance of the "Outline", China's intellectual property industry has delivered an impressive report card to the world.

At the same time, core patents, well-known brands, and copyrighted products continue to emerge, indicating that the quality of my country's intellectual property rights has not slowed down due to rapid growth in quantity, and has demonstrated its determination to innovate with steady improvement. In recent years, my country has formed a number of core technologies with independent intellectual property rights in the fields of information and communications, aerospace, high-speed rail, and nuclear energy. The "2017 Global Innovation Index Report" released by the World Intellectual Property Organization shows that thanks to the excellent performance of intellectual property creation, my country's innovation index ranks 22nd in the world and is the only middle-income economy to enter the top 25.

As of the end of 2016, the cumulative number of valid registrations of "Madrid Trademark" in my country has reached 22,000. In the 2017 "Top 500 World Brands" list released by the World Brand Laboratory, 37 Chinese brands are listed, ranking fifth in the world.

As the main body of intellectual property creation, strong enterprise innovation means high-quality intellectual property rights. In 2017, there were 44 domestic companies in my country that submitted more than 100 PCT patent applications. The number of invention patent applications in strategic emerging industries increased from 167,000 in 2012 to 344,000 in 2016, and their global share increased from 27.0 in 2012 to 44.3 in 2016.

Protection has been continuously strengthened

Since 2008, the National People's Congress has revised special laws in the field of intellectual property such as patent law, trademark law, and copyright law. The State Council has accordingly revised the implementation rules and regulations for computers. Regulations on the protection of software, information network dissemination rights, and new plant varieties. An intellectual property legal system that complies with internationally accepted rules and has a relatively complete range of categories has been established in our country.

At the end of 2014, three intellectual property courts in Beijing, Shanghai and Guangdong were established. From 2017 to 2018, the Supreme People's Court established a number of specialized intellectual property courts with cross-regional jurisdiction within the intermediate people's courts in various regions. The work of integrating the three trials of intellectual property civil, administrative and criminal cases was fully promoted in courts across the country. Trial standards are becoming increasingly unified. The continuous improvement of the intellectual property judicial system has provided a protective umbrella for innovative entities. According to statistics, the number of newly accepted first-instance intellectual property cases in courts across the country increased from 22,000 in 2007 to more than 200,000 in 2017.

Complementing judicial protection is the comprehensive strengthening of administrative means, and the increasing timeliness of protection. An intellectual property protection pattern of "strict protection, large protection, fast protection, and simultaneous protection" has been formed. Since the implementation of the "Outline", special law enforcement activities such as "Thunderstorm", "Convoy" and "Skynet" have been carried out year after year, with remarkable results.

The number of patent administrative law enforcement cases nationwide increased from 1,462 in 2007 to 67,000 in 2017. In 2016, 32,000 cases of trademark administrative violations were investigated and dealt with nationwide, with a case value of more than 450 million yuan. From 2005 to 2016, copyright administrative law enforcement departments at all levels across the country seized more than 508 million infringing and pirated products of various types.

Since the first intellectual property arbitration center was established in Xiamen in 2007, more than 10 specialized intellectual property arbitration institutions have been established in China; in 2017, there were 31 intellectual property protection centers and rapid rights protection centers; knowledge The property rights reporting, complaint and rights protection assistance service network basically covers the whole country... The balanced development of multiple protection mechanisms has significantly improved the intellectual property protection environment. Data show that social satisfaction with my country's intellectual property protection has increased from 63.69 points in 2012 to 76.69 points in 2017.

Improving the efficiency of intellectual property use

The use of intellectual property is the only way to bring out the value of intellectual property, and it is also the purpose of intellectual property work. Since the implementation of the "Outline", intellectual property licensing, transfer, and financing have become effective means of comprehensive utilization of intellectual property. As of 2017, the amount of patent pledge financing in my country reached 72 billion yuan, and the amount of trademark pledge loans reached 36.9 billion yuan.

At the same time, the further implementation of the reform of the disposal, use and income of intellectual property rights in university research institutes has also accelerated the transfer and transformation of scientific and technological achievements. Nearly 80% of universities have established full-time or part-time intellectual property management institutions, and more than 60% of universities have established intellectual property ownership and benefit distribution systems. New intellectual property application models continue to emerge, and a number of typical cases with higher returns have emerged. For example, from 2008 to 2016, the cumulative transfer and transformation of intellectual property rights by the Chinese Academy of Sciences increased from 257 to 1,154, and the amount increased from 642 million yuan to 2.56 billion yuan.

The rapid improvement of the efficiency of intellectual property utilization is inseparable from the continuous optimization of intellectual property management capabilities. The efficiency of patent examination has been improved, and the charging standards have been reduced; the time for trademark registration has been shortened, and the application channels have been broadened... Over the past 10 years, the reform of "decentralization, regulation and service" in the field of intellectual property has been continuously advanced in depth, and has been piloted in 12 provinces (autonomous regions and municipalities). Lowering the threshold for establishing patent agencies and relaxing restrictions on shareholders of patent agencies have effectively alleviated the problem of insufficient agency power in some places. Relevant departments have also reduced the phenomenon of "emphasis on approval and neglect of supervision" through combining decentralization and regulation and innovating supervision methods to improve the business environment for enterprises.

In March this year, the State Council’s institutional reform plan proposed to integrate the responsibilities of the State Intellectual Property Office, the trademark management responsibilities of the State Administration for Industry and Commerce, and the management responsibilities of geographical indications of origin of the General Administration of Quality Supervision, Inspection and Quarantine. The State Intellectual Property Office will be reorganized and managed by the State Administration for Market Regulation. The organizational adjustment will be more conducive to the centralized management of intellectual property rights and further improve the efficiency of administrative management.

“Standing at a new starting point for development, we will strive to cultivate more high-value core patents, copyrighted products, and well-known brands, and realize the transformation of intellectual property creation from multiple to excellent, and from large to strong.” State Council Shen Changyu, deputy convener of the inter-ministerial joint meeting on the implementation of intellectual property strategy and director of the State Intellectual Property Office, said that in the next step, the State Intellectual Property Office will continue to promote the "strict protection, broad protection, rapid protection, and simultaneous protection" of intellectual property rights. work, continuously improve the efficiency of intellectual property transformation and application, accelerate the improvement of the intellectual property management system, and complete the modernization of the intellectual property governance system and governance capabilities. At the same time, we must also actively participate in the global governance of intellectual property and promote the development of international intellectual property rules in a direction that is inclusive, balanced, and effective; we must further strengthen infrastructure such as talent teams and cultural environments, so that the intellectual property cause can be deeply rooted and prosperous.