Main problems existing in the management of intellectual property rights in my country

Since my country established its intellectual property system more than ten years ago, although it has made remarkable achievements, after all, the establishment of intellectual property system in our country has Not long ago, the awareness of intellectual property rights in the whole society is still very weak, there are still many difficulties and problems in intellectual property work, and the management of intellectual property cannot keep up with the development and requirements of the situation. The main problems currently existing in my country's intellectual property management work are reflected in the following aspects.

1. The construction of intellectual property administrative management institutions does not meet the needs of the development of intellectual property work

Due to various historical reasons, the management of intellectual property rights by our government, patents, trademarks, and copyrights belong to different managed by government departments. As the patent management agencies, trademark management agencies and copyright management agencies exercise the administrative management functions and administrative law enforcement functions conferred by the Patent Law, Trademark Law and Copyright Law within the scope of their respective powers, the administrative management of the three intellectual property rights Each management department only considers the area under its own management, lacks an overall concept of intellectual property protection, and operates independently. This is not conducive to the development of the intellectual property cause, nor is it conducive to the government's comprehensive strengthening of unified leadership and coordination of intellectual property work. It makes it difficult for existing and emerging problems in intellectual property work to be studied and resolved in a timely manner.

In terms of the establishment of local intellectual property administrative agencies, in addition to the relatively sound trademark management system, copyright and patent administrative agencies are relatively weak. At present, my country's patent management agencies at the provincial level, except for a very few provinces and autonomous regions whose patent management agencies are at the administrative bureau level or deputy administrative bureau level, most of the patent management agencies are public institutions, and some are even still provincial science and technology committees. Management divisional unit. In sub-provincial cities, except for a few cities where the patent management agencies are at the administrative bureau level, most of them are department-level public institutions. At present, at the district and county level, most of the independent patent management agencies have not been established. Patent management is generally managed by the achievement management department of the Science and Technology Commission. The personnel engaged in patent management are all part-time personnel, and the personnel of the agency change frequently. Copyright administrative agencies are also imperfect. First, the vast majority of provinces and cities across the country have not yet established copyright bureaus, and it is even rarer to establish copyright bureaus at the county level. Copyright administrative agencies at prefectures and counties are basically empty; second, most of the copyright bureaus that have been established in quite a few provinces It co-locates with the Press and Publication Bureau and the Cultural Bureau, but only has a brand name, does not have its own staff, and cannot perform its own functions independently, which is inconsistent with its name. Third, the vast majority of established copyright administrative agencies have insufficient staffing, funding, and office equipment. There are many difficulties in such aspects, making it difficult to carry out work; fourth, the legal relationship between the central, provincial, municipal, and county-level copyright bureaus is unclear, especially the functions of the prefecture-level and county-level copyright bureaus are unclear, and they are out of touch with copyright management work and are very passive.

2. The administrative law enforcement intensity and law enforcement methods in intellectual property management do not meet the needs of the development of intellectual property work

For a long time, intellectual property management agencies have generally had insufficient administrative law enforcement efforts and law enforcement methods. Weak question. In terms of patent administrative enforcement, as the number of patent applications has increased significantly, patent disputes have continued to rise, and patent counterfeiting behaviors have emerged one after another. However, from the perspective of law enforcement conditions such as patent management agency construction, team building, technical facilities, transportation, and communication tools, they are all lagging behind. In terms of handling infringements, because the patent management agencies do not have the power to impose administrative penalties and the compensation is not sufficient, some patent infringers do not receive due sanctions, and infringements continue to occur.

From the perspective of administrative enforcement of trademark management, there is also the problem of insufficient strength. This is mainly reflected in the insufficient financial compensation for the infringed parties in the investigation and handling of trademark infringement and counterfeiting cases. For example, among the 31 trademark infringement cases investigated and dealt with in Xi'an City in 1998, only 4 were ordered to compensate for economic losses, accounting for 12.9%, and the amount of compensation was only 37,000 yuan. Secondly, when investigating and handling cases of distribution of infringing trademark goods, due to various reasons, it is difficult to hold the manufacturers of the infringing goods and the printers of the infringing trademark signs accountable.

From the perspective of administrative enforcement of copyright protection, it is still in a state of disorder.

First, there is a serious problem of multiple law enforcement entities. Now, all provincial and municipal anti-pornography offices, radio and television, culture, public security, industry and commerce, and consumer associations can punish copyright piracy and infringement cases in large numbers, which seriously violate the Administrative Punishment Law, the Copyright Law, and the Copyright Administrative Punishment The Implementation Measures stipulate that the National Copyright Administration and provincial copyright bureaus are the only legal law enforcement and punishment entities in cases of copyright infringement. Second, the copyright administrative law enforcement departments have unclear priorities in investigating and handling major cases of piracy and infringement, and have achieved little success. Third, some areas have not yet formed a regular and standardized law enforcement inspection system; some areas have not yet studied and paid attention to the prevention of copyright violations and crimes.

3. The construction of intellectual property service institutions does not meet the needs of the development of intellectual property work

On the one hand, the government is relatively lagging behind in supporting and promoting the establishment of intellectual property intermediaries and cannot meet the needs of intellectual property undertakings. The need for rapid development; on the other hand, there is insufficient supervision of established intermediary service agencies, especially the lack of necessary pre-examination and supervision of patent intermediary service agencies, and the lack of necessary qualification review and supervision of other intermediary service agencies engaged in patent technology intermediary activities. supervision. There is a lack of necessary review and management of patented technology exhibitions and demonstrations, resulting in patent counterfeiting happening from time to time. These acts of counterfeiting patents infringe upon the legitimate rights and interests of consumers and damage the credibility of patented technologies. 4. Enterprises and institutions do not pay attention to intellectual property management

Most enterprises and institutions lack an intellectual property management system. The leaders of the units only pay attention to tangible assets and ignore the management of intangible assets. The government has not formulated corresponding policies and taken corresponding measures in this regard. Taking patent work as an example, there are more than 100,000 state-owned large and medium-sized enterprises in my country alone, and together with small and medium-sized enterprises and township enterprises, the total number is 35 million. However, companies only apply for about 10,000 patents every year. Calculated in the highest year of 1996, there were only 20,301 patent applications. The number of corporate patent applications accounts for only about one-fifth of the total number of patent applications nationwide.

5. Patent and trademark examination capabilities still do not meet the needs of the development of intellectual property work

The application cycle for invention patents is too long, especially for invention patents in medicine that cannot be approved after five or six years. Down, seriously dampened the enthusiasm of the inventor. The backlog of review cases for reexamination and invalidation requests is still serious, resulting in a lack of timely and effective protection of the legitimate rights and interests of patent holders. Trademark registration also has such problems. It takes one or two years for each trademark to be applied for and receive the registration certificate, which is extremely inconvenient for enterprises. In addition, repeated authorization of patents and trademarks also occurs from time to time.

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