For Chinese enterprises, the key issue now is how to take advantage of the opportunities brought by the WTO mechanism, how to formulate scientific enterprise development strategies, cope with challenges, and promote the sustainable and steady development of enterprises.
The WTO legal framework consists of three parts, namely trade in goods, trade in services and intellectual property rights. There are many reasons for the formation of intellectual property agreements under this framework, but two points are key: The first point is the rapidly growing need for technological factors in modern international trade. Whether trade in goods, services, or knowledge and technology transfer, developed countries rely on high and new technologies, which inevitably involves the protection of intellectual property rights. The second point is the result of the competition between technological advantages and cost advantages in modern international trade. The WTO is a multilateral trade legal mechanism promoted by developed countries led by the United States. It has improved intellectual property protection standards around the world and is conducive to the development of enterprises with independent patented intellectual property rights and core technologies.
Whether it is international trade or domestic trade, the main body is an enterprise. If an enterprise wants to survive, it must have a long-term plan. This plan is the enterprise's development strategy. In different social and historical stages, the market has different requirements for enterprises, and the corresponding strategic planning of enterprises is also different. If the symbol of wealth in the agricultural economy era is land ownership, and the core of wealth in the industrial economy era is capital ownership, then the focus of wealth in the knowledge economy era should be intellectual property rights.
Intellectual property strategy: patent strategy, trademark strategy, trade secret strategy
1. The status of patent strategy in modern enterprises
As an important knowledge Property rights and patent rights embody a legal monopoly under the market economy. By setting a certain period of time and disclosing relevant information, the patentee has obtained exclusive technical rights within the scope of the technology. Anyone else cannot implement anything limited by the claims without consent, otherwise it will constitute infringement, and the patent The rights holder loses the confidentiality of the technology and the possibility of holding the technology forever.
For enterprises, the purpose of obtaining patents and disclosing technical information is to monopolize the technology within a certain period of time, and the purpose of monopolizing technology is to monopolize the market. After joining the World Trade Organization and integrating global patent protection, owning a patent means owning the global market. This is especially true in high-tech industries.
Internationally renowned companies regard patents as their long-term development strategies. They generally implement patent investigation, patent application, patent enforcement and patent defense as a systematic process, and even integrate patents with the company as a whole. Combining image and image, this is commonly known as CI (Corporate
Identity) strategy. In other words, it is a common practice for modern successful companies to use patents as the backing to form the overall development strategy of the company. In the era of patent globalization, companies must first conduct patent searches when developing products before they can invest in development. Domestic leadership and domestic first are no longer of substantive significance to companies. What we must remember is that patents What must be advanced is not advanced compared with domestic technology, but advanced compared with all patented technologies that have been applied for in our country.
2. The role of trademark strategy in modern enterprises
The implementation of trademark strategy is a major event in my country's current economic development, because trademarks are the key to the economic development of a region and an industry. Locomotive is a reflection of the comprehensive quality and overall strength of the regional and even national economy. Implementing trademark development strategies and cultivating nationally renowned trademarks is the only way for enterprises to seek long-term development.
Enterprises should strengthen quality management and technological innovation to ensure product quality and competitiveness. The development, technological reform and introduction of new technologies and products by enterprises are the driving force for enterprises to ensure the long-term vitality of famous brands. Enterprises should also carefully investigate and understand market demand and promptly develop new products that meet the needs of potential users
. Only by analyzing the market to find out the selling points of the brand and continuously creating differences to increase the trademark's market share can you establish your own trademark advantage. In addition, establishing a brand with high-quality after-sales service is an important guarantee for the brand to become a famous brand.
3. The status of trade secrets in modern enterprises
The protection of trade secrets is different from patents and trademarks. It relies more on the behavior of the secret owner. The role of law is only It lies in the subsequent relief after being unlawfully infringed.
The reason why trade secrets are important is that they are information resources and scientific and technological achievements, and are an important intangible asset of the enterprise. Judging from the trend of protection measures for technological achievements in developed countries in recent years, the comprehensive protection of trade secrets, patents, copyrights and trademarks is an important means for enterprises to remain invincible in the fierce market competition. Therefore, how to establish an intellectual property strategy to protect trade secrets is a major issue for the survival and development of Chinese enterprises, especially high-tech enterprises. However, there is a big gap between Chinese enterprises and outstanding foreign enterprises in the cultivation of trade secret awareness, the research and development of trade secrets, the different choices of trade secrets and other intellectual property protection methods, and the application and management of trade secrets. , but also need to do a good job in the above aspects.
Key points and measures of corporate intellectual property strategy
1. Intellectual property strategy is a strategic choice for Chinese enterprises to implement sustainable development
From an international perspective, The average life span of global companies is 12 years, and only about 20 companies have more than 12 years. The reason why some multinational companies have become evergreen trees in the international market has one common characteristic, that is, they own patented technologies and world-renowned trademarks in a certain field, and these intellectual property rights are the main source of their profits and creations. power.
In the context of globalization, intellectual property strategy should become a strategic choice for Chinese enterprises to seek long-term development after joining the WTO. We are determined to be the world's manufacturing factory
, not the world's processing factory; we must form a technologically competitive Chinese manufacturing industry, rather than becoming a processing factory that is at the mercy of others and has no independent intellectual property rights.
2. Intellectual property strategy is the strategic focus for enterprises to carry out market competition
The current international competition for comprehensive strength is concentrated in the competition of science and technology and economic strength, and the competition for enterprise vitality. The most prominent focus is on the dispute between patented technology and brands, in which the ownership and value of patents have become important indicators for examining the competitiveness of a country and an enterprise. If Chinese enterprises want to gain a foothold in competition, they must change their concepts, combine product competition with intellectual property competition, and make the acquisition, management and protection of intellectual property the core content of market competition after joining the WTO.
3. Intellectual property strategy is a strategic measure for Chinese enterprises to carry out foreign trade
The purpose of the World Trade Organization is to eliminate trade barriers and achieve free trade, but the actual international situation is that developed countries The country relies on its technological and financial advantages to build non-tariff barriers. However, developing countries not only lose the possibility of using tariff barriers to protect their national enterprises, but also face new trade barriers led by developed countries in foreign trade. These trade barriers are technology-led and are a new form of the old international economic order, so developing countries need to deal with them carefully. There are two issues that should attract attention: First, the technical barriers formed by technical standards and technical patents. The technical standards formed by foreign companies using patents are a concentrated expression of technical barriers. The combination of technical standards and individual patent licenses has formed a huge obstacle for Chinese companies to compete globally across national borders. The second is the green barrier formed by environmental protection standards and product quality standards. Chinese enterprises currently lack the concept of green economy. Environmental protection standards are still far behind those of developed countries. The production of agricultural and animal husbandry products is scattered and fails to meet the requirements of standardized production.
The WTO has connected China more closely with the world. The Chinese market has become a global market. Chinese companies must change their concepts and formulate their own survival and development strategies from a global strategic perspective. This is an inevitable choice for enterprises to seek long-term development and strive for the international market. Intellectual property rights occupy a strategic core position in the global system of the WTO. Chinese enterprises must also adapt to the development trend of the times and the development needs of the international situation, formulate scientific intellectual property development strategies, and develop sustainably and rapidly in global competition.