Intellectual property rights mainly refer to the exclusive rights that people enjoy according to law for the fruits of their intellectual activities. Although the implementation of intellectual property system in China is relatively late, with a history of more than 2 years, it has developed very fast. In these 2 years, we have formed a complete legal system of intellectual property rights that is suitable for China's national conditions and in line with international rules; It has also established a working system including administrative examination and approval of intellectual property rights, publicity and training, intermediary services, academic research and so on; It has also established an intellectual property law enforcement system with administrative and judicial channels operating in parallel. That is to say, an intellectual property system including legal system, working system and law enforcement system has been established in China in just 2 years. In actual development, China has also maintained a high speed. In recent years, the number of applications for trademark registration, utility model patents and design patents in China ranks first in the world. In 25, the number of trademark applications in China was 588,, and the number of applications for utility model patents and design patents was 11, respectively. This is the first place in the world, and it is far from the second place. In the development of science and technology in recent years, China also has its own intellectual property rights in various fields, including agriculture, manufacturing and high technology. However, it seems that there are still severe challenges in the construction of China's intellectual property system. The main problems facing China's intellectual property system are as follows: First, the road of independent innovation in China's intellectual property rights will be difficult and long. Take patents as an example, there are three kinds of patents: invention patents, utility model patents and design patents. Among them, the patent with relatively high technical threshold or high gold content is an invention patent, which has to go through strict examination and retrieval, and finally it is authorized according to the law. First of all, in terms of quantity, the number of invention patent applications in China is 13,. Although this number ranks among the top in the world, if it is divided by 1.3 billion people, China's per capita patent ownership will be very small, and our ranking will be 8 th and 9 th. In addition, half of these 13, patents are from foreign companies, mainly multinational companies. If they want to invest in China and enter the China market, they must first establish their own intellectual property rights, and foreign companies are very active in applying for patents; Then the remaining half of the patents come from China, about 4% of which are personal applications, while the patents applied by universities, research institutes, especially Chinese enterprises are only a little more than 6%. That is to say, about half of the remaining 4 thousand patents are from foreign-funded enterprises; The remaining 2, pieces were applied by state-owned enterprises and private enterprises. These more than 2 thousand pieces are very few compared with the total number of our millions of enterprises. Secondly, look at the quality analysis. According to statistics, over the years, the most concentrated areas of application for invention patents with relatively high technical content by domestic people and domestic enterprises are: the first place is Chinese medicine, and domestic applications account for 98%; The second place is soft drinks, accounting for 96%; The third place is food, accounting for 9%; The fourth place is the Chinese character input method, accounting for 79%. This is a relatively concentrated area where we have an advantage. The patent applications from abroad mainly focus on high-tech fields: the first place is radio transmission, accounting for 93%; The second place is mobile communication, accounting for 91%; Followed by the TV system, accounting for 9%; Semiconductors account for 85%; Western medicine accounts for 69%; Computer applications account for 6%. It is not difficult to see from here that the focus of foreign applications is on high-tech fields and high-end. Chinese people applied for 1 patents, of which only 18 were inventions, and 82 were utility models and designs. Appearance design is the modeling of products, and utility model is about some improvements and innovations in product structure. Of the 1 applications from abroad, 86 are invention patents with relatively high technical content. This is also a very sharp contrast. In China, there are also some good enterprises that attach great importance to intellectual property rights, independent innovation and the formation of their own core technologies. Shenzhen Huawei Company, for example, is a private enterprise specializing in manufacturing communication products. Its R&D personnel account for 46% of the total number of employees, which is the largest number of applications for invention patents among all domestic enterprises. It has applied for 3,5 domestic patents, more than 4 applications from abroad and more than 6 registered trademarks. In addition, Haier, Hisense, Tsingtao Brewery, etc., have also done a good job in independent intellectual property rights and applied for many patents. For example, Haier applies for an average of 3 patents every day and more than 1, patents every year. Tsingtao Brewery is also a well-known trademark. But the number of such enterprises is too small. There are still a large number of enterprises that do not have independent innovation and have not formed their own core technologies. According to statistics, only about 3/1 enterprises in China own the core technology of independent intellectual property rights, 99% enterprises have not applied for patents, and 6% enterprises do not have their own trademarks. The reason for this impact in the international arena is that China is only a big manufacturing country, and we are still in a relatively backward state in terms of intellectual property rights. Many people say that Chinese enterprises are manufacturing but not creating, and they have property rights but no knowledge. For example, our country's civil airliners are 1% imported from abroad. Of course, we have recently tried to manufacture civil airliners. China's high-end medical equipment, semiconductor and integrated circuit manufacturing equipment and optical fiber manufacturing equipment are basically imported from abroad. Many important equipment and machinery for manufacturing products are imported from abroad. For example, 8% of petrochemical equipment, 7% of CNC machine tools and advanced textile equipment are imported, and more than 5% of the key technologies of color TV and mobile phones are in the hands of multinational companies, including computers, and we have to pay patent fees for a small mouse and DVD players. Intellectual property rights like these technologies are in the hands of others. China's total foreign trade has ranked third in the world, but high-tech products with independent innovation only account for 2% of the total foreign trade. Since the Fifth Plenary Session of the 16th Central Committee, it has been proposed to form a group of enterprises with independent intellectual property rights and well-known brands. This well-known brand is also very important, and it is also an important aspect of intellectual property rights. To build an innovative country, China must emphasize independent innovation, the formation of independent intellectual property rights and the formation of its own well-known brands, which will be a long and necessary road for Chinese enterprises. Second, in the process of intellectual property innovation, the amount of investment in scientific research funds is insufficient. Research and experimental development activities, that is, R&; D activity has a positive correlation with scientific and technological innovation activities. On the one hand, China's R& D expenditure shows an increasing trend. R& in China; D The total expenditure was 14.25 billion yuan in 21, 128.76 billion yuan in 22 and 153.96 billion yuan in 23; Calculated at comparable prices, the three-year accumulative total is "Eighth Five-Year Plan (1991-1995)" R&; D 2.3 times of the total funds, which is "Ninth Five-Year Plan (1996-2)" R&; D 1.3 times of the total funds. The latest available statistics show that in 22, the R& D Total funding is $277.1 billion; According to the exchange rate of that year, Japan was $124 billion, Germany was $5.2 billion, France was $32.5 billion, Britain was $29.3 billion, Canada was $13.8 billion and China was $15.56 billion. China's R& D The scale of funds surpassed Italy in 21 and Canada in 22, ranking sixth in the world. On the other hand, the R&; D the total funds have accounted for the world r&; D more than 8% of the total expenditure, which is higher than the share of its economic output in the total world economic output. Developed countries still maintain an absolute monopoly on the cutting-edge knowledge of contemporary science and technology, and take it as an important bargaining chip to maintain their international competitive advantage. China's R& D although the total expenditure is in the forefront of developing countries, it is still in the r&; D into the weak position in the world structure, there has been no fundamental change. According to Chenery's theory of dividing the stages of economic development, and analyzing a number of indicators (including the per capita GDP index calculated by the exchange rate method in 197 US dollars), China's economic development has indeed entered the middle stage of industrialization. It should be pointed out that China's R& D the total expenditure has ranked sixth in the world, but R&; D the input intensity is only 1.31%, which is lower than the average level of 1.5% in the middle stage of industrialization; The output value of China's manufacturing industry accounts for 55% of GDP, but the adjustment of industrial structure from "heavy industry" to "high processing degree" is slow; The output of more than 1 kinds of industrial products in China ranks first in the world, but there is a huge trade deficit in international technology trade, that is, intangible technology trade closely related to intellectual property transactions. According to the R& of countries at this stage of development; D input intensity and technical ability, China's R& D the input intensity and technical ability obviously lag behind the economic development. Third, there is a serious infringement of intellectual property rights in China. Intellectual property rights infringement is a common problem in the world. Intellectual property rights infringement exists in any country, even in the United States, which claims to be a model country for intellectual property protection. For China, the high incidence of intellectual property disputes has arrived. When it comes to intellectual property disputes, of course, we will first think of intellectual property disputes between enterprises in our country and foreign enterprises. In fact, intellectual property disputes between our own enterprises are also on the rise. Take China's software enterprises as an example. The infringement of intellectual property rights in China's market has seriously hit the development of software enterprises, because their main income comes from the domestic market, not from overseas or international markets. Piracy makes it impossible for software manufacturers to get a proper return on investment, thus preventing them from expanding their investment in software research and development, which seriously weakens the competitiveness of China software enterprises and puts them at a disadvantage in the competition. Dr. Li Shuhe, the chief representative of SAP China, said in an interview with the media, "Excessive protection policies, although protecting the weak, will also turn the strong into the weak. From the perspective of software development, we should first protect intellectual property and innovation to the maximum extent, and then attract all available forces to the maximum extent, instead of simply developing software enterprises in a certain way. This is the true meaning of the government's policies to promote the development of the software industry. " In fact, China has spared no effort in encouraging the development of the software industry. In June, 2, "Several Policies to Encourage the Development of Software Industry and Integrated Circuit Industry" provided many supporting policies for the software industry. According to the data provided by China Software Industry Association, from the publication of the document to December 31, 24, according to the spirit of Circular 18, the accumulated tax refund reached 13 billion yuan. But this simple supporting function is not obvious. According to the statistics of the Ministry of Information Industry, the output value of China's software in 24 was 22 billion yuan, and the export value was only 2.8 billion dollars. Large enterprises with more than 1, employees only account for .8% of the whole industry, while small enterprises with less than 5 employees account for 65.9% of the whole industry. In contrast, in India, there are hundreds of software companies with more than 1, employees, and the top five software companies have more than 5, employees. The average number of employees in Indian software companies is 3. In 24, India's software exports alone reached $12 billion. At present, the enterprises that do general software in China have basically been wiped out, and there are few left, except for a few that do Linux system, which are still struggling to support. Therefore, the improvement of the genuine rate is very beneficial to the protection of software enterprises. Only when the genuine rate is improved and the market is standardized can the capital accumulation of enterprises enter a virtuous circle, which will help enterprises to innovate independently better. Intellectual property protection is a double-edged sword. If it is not effectively protected, not only foreign-funded enterprises will be hurt, but also domestic enterprises will not be able to develop and grow. China's transformation from relying on resource consumption and simple processing to relying on scientific and technological innovation to achieve growth depends largely on the protection of intellectual property rights. -The present situation and main problems of China's intellectual property system Zhang Yanming