This year is the first year of the "Twelfth Five-Year Plan" and the third anniversary of the release and implementation of the "National Intellectual Property Strategy Outline". As the 11th World Intellectual Property Day is approaching, April 20-26 , the State Intellectual Property Office, together with 25 departments including 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", which echoes the theme of World Intellectual Property Day "Designing the Future". Paying attention to innovation, possessing and effectively using intellectual property rights is increasingly important to my country's economic development. To establish and continuously improve the intellectual property system, we need to plan for the future based on reality.
Photography report by our reporter Chao Yushan
The reporter recently learned from the opening ceremony of the National Intellectual Property Publicity Week and the China Intellectual Property High-Level Forum that the number of invention patent applications in my country in 2010 exceeded 390,000 , ranking second in the world. The previously released "Twelfth Five-Year Plan for National Economic and Social Development" proposed in its main goal section 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 methods and building an innovative country.” Experts participating in the China Intellectual Property High-Level Forum said, The importance of intellectual property rights to economic development has become increasingly prominent.
April 26 this year is the 11th World Intellectual Property Day. The State Intellectual Property Office, together with 25 departments including 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 rights promote economic transformation
Tian Lipu, director of the State Intellectual Property Office, delivered an important speech at the China Intellectual Property High-Level Forum. He said that some economically developed areas in the country are transforming the advantages of owning patents into advantages of economic transformation and development, and a number of advantageous companies with core technology patents and strong international competitiveness have emerged. This once again confirms that intellectual property rights are increasingly playing an important role in promoting economic transformation.
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 critical period for my country to accelerate the strategic adjustment of its economic structure and the transformation of its development model. It will also be the time for the in-depth implementation of the intellectual property strategy and the completion of The phased goals proposed in the "National Intellectual Property Strategy Outline" are a critical period for laying a solid foundation for the comprehensive realization of strategic goals. It is also a period of strategic opportunities 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 needs of intellectual property work for my country's economic and social development, actively coordinate both domestic and international situations, insist on serving to accelerate the transformation of economic development mode as the starting point and foothold, insist on promoting the integration of intellectual property and economy as the main direction, and take Comprehensively promote the protection of intellectual property rights as a key link, and strengthen the construction of intellectual property rights as a focus. Adhere to the fundamental approach of overall planning and shared development, scientific planning, and solid advancement to add new impetus to the realization of the national overall planning goals.
On June 5, 2008, the State Council promulgated the "National Intellectual Property Strategy Outline", marking the elevation of intellectual property to a national strategy. In the three years since the implementation of the national intellectual property strategy, my country's intellectual property work has reached a new level, social innovation vitality has been stimulated, the main role of enterprises in innovation has been established, and intellectual property protection has increasingly become the mainstream knowledge of the whole society.
Statistics show that as of the end of 2010, my country had a total of 2.216 million valid patents, of which 82.4% were domestic valid patents, compared with 75.5% in 2006. Among valid 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 its proportion has increased significantly. At the same time, the proportion of service inventions among domestic valid invention patents has increased from 70.1% in 2006 to 2010. 81.3% in 2006; among valid invention patents, the domestic share increased steadily from 33.3% in 2006 to 45.7% at the end of 2010. Valid invention patents are providing strong support for the transformation of my country's economic development model.
Intellectual property rights promote the development of emerging industries
“The intellectual property system is an important legal system that encourages and protects innovation. It is a battleground for military strategists in the current international competition. Using intellectual property rights Winning opportunities in market competition has become an important way and means of international competition," Han Jun, deputy director of the Science and Technology Department of the Ministry of Industry and Information Technology, said in a speech at the forum.
Han Jun said that the national "Twelfth Five-Year Plan" clearly states that the added value of strategic emerging industries will account for about 8% of the GDP during the "Twelfth Five-Year Plan" period. The “Decision on Accelerating the Cultivation and Development of Strategic Emerging Industries” issued by the State Council last year also proposed this goal and longer-term goals by 2020. Vigorously developing strategic emerging industries is the focus of optimizing the economic structure and transforming the development model at present and even for a long time to come. The "Twelfth Five-Year Plan" is a critical period for the development of strategic emerging industries. It is of great significance to start well and get off to a good start. Intellectual property rights play an important role in promoting the development of strategic emerging industries. Whether the best benefit of this booster can be exerted is one of the decisive factors in achieving the development goals of my country's strategic emerging industries.
“As the most important production factor and wealth resource, intellectual property rights have become an important manifestation of the core competitiveness of enterprises and even national competitiveness. The intellectual property system is a strategic support for building an innovative country and also promotes strategic An important guarantee for the development of emerging industries," Meng Xiantang, deputy inspector of the High-tech Industry Department of the National Development and Reform Commission, said in a speech at the forum.
He said that intellectual property rights profoundly affect the independent innovation capabilities of industries and directly determine the competitiveness of products and services. The key to competition in 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 the intellectual property system in promoting and guiding independent innovation of market entities. At present, my country's strategic emerging industries already have a certain foundation. For example, more than one-third of the 2010 National Science and Technology Progress Award review projects belong to strategic emerging industries. After searching my country's patent database, it was found that among the 23 key directions of strategic emerging industries, domestic invention patents in the fields of biomedical engineering, aviation, rail transit, satellite applications, high-performance composite materials, biomedicine, advanced environmental protection, high efficiency and energy conservation, etc. Accounting for more than 90%.
Meng Xiantang emphasized that to accelerate the development of my country's strategic emerging industries, we must adhere to the implementation of the national intellectual property strategy and strengthen the creation, application, protection and management of intellectual property.
First, strengthen the connection and coordination between science and technology policy, industrial policy and intellectual property policy, especially the connection between major science and technology projects, major industrial innovation projects and intellectual property layout, and highlight the impact of intellectual property on technological innovation. , industrial development and technological progress.
The second is to encourage and guide enterprises and 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, and increase rewards for innovative achievements with major social benefits. , improve the level of creation of independent intellectual property rights.
The third is to actively study policies and measures to promote the transformation of independent innovation achievements, improve the interest protection and realization mechanism for the transfer and transformation of intellectual property rights in universities and scientific research institutions, encourage enterprises to jointly build professional alliances, and establish efficient intellectual property evaluation transactions. Mechanism to guide the development and application of intellectual property with regional characteristics.
The fourth is to strengthen enterprises’ awareness of intellectual property protection, encourage enterprises to actively apply for patents, trademarks and other intellectual property rights, support business entities 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 will promote the vigorous development of strategic emerging industries.” Meng Xiantang said.
Feng Xiaoqing: The intellectual property system must be based on reality to plan for the future
Our reporter Wu Xi reports
The current international competition is the competition of science and technology, and intellectual property rights reflect The innovation ability of an enterprise also determines its future core competitiveness. The national "Twelfth Five-Year Plan" outline proposes to vigorously implement the intellectual property strategy. In the face of increasingly fierce international competition, how should my country's high-tech enterprises implement intellectual property strategies and win future development opportunities? Recently, reporters interviewed Feng Xiaoqing, 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 under the current situation?
Feng Xiaoqing: "Designing the future" has a profound connotation. Judging from the current situation, this theme has the following meanings: First, the construction of the intellectual property system must be based on reality and plan for the future. This is reflected in some legislative activities currently taking place at the international level to promote the internationalization of the intellectual property system. The same is true for the domestic intellectual property system. The Trademark Law is currently being revised for the third time, the Copyright Law is also being revised for the third time, and the related Anti-Unfair Competition Law has also put forward requirements. Revise.
Second, intellectual property protection and system operation need to be future-oriented. The formulation and implementation of the national intellectual property strategy is a good reflection of this. Taking the formulation and implementation of the national intellectual property strategy as an example, it plans major intellectual property issues directly related to economic, technological, and cultural development in the next 5 to 20 years, and has long-term and overall characteristics. Our country's proposal to build an innovative country by 2020 is undoubtedly the best interpretation of "designing the future."
The third is the economic and social development directly related to intellectual property rights. It not only needs to be oriented to the future, but also needs to prepare for a rainy day and outline a vision blueprint with a forward-looking vision to guide current economic, technological and social development activities. And form an incentive mechanism. The recently adopted national “Twelfth Five-Year Plan” outline is an important reflection of this.
In addition, "Designing the Future" also reflects the fit between ideals and reality, goals and status quo, pursuit and motivation, and provides a beautiful vision for life blueprint and career development. For the intellectual property system, it provides a beautiful vision for the improvement of the system, which can encourage people to better use this "important invention" to benefit mankind.
Reporter: In the current international competition, intellectual property rights are an important manifestation of an enterprise's innovation capabilities. In the future, how should Chinese enterprises further improve their innovation capabilities?
Feng Xiaoqing: Intellectual property rights are increasingly becoming an important global topic and hot issue, which is directly related to factors such as current economic globalization, the rapid development of science and technology, and the increasing internationalization of the intellectual property system. There is a very close connection between the high-tech field and intellectual property. The vitality of high-tech enterprises lies in improving their innovation capabilities and acquiring more core and key technologies with independent intellectual property rights. As far as my country's high-tech enterprises are concerned, innovation and intellectual property are also two extremely important contents in their development and growth process, which are of strategic significance.
To improve the innovation capabilities of high-tech enterprises, we need to focus on the following points: First, pay attention to the construction of independent innovation capabilities and form a good innovation awareness and innovation culture; second, increase investment in innovation and appropriately increase The share of research and development investment in sales; the third is to closely integrate the scientific and technological and economic strength of the enterprise to explore an innovation model suitable for its own development; the fourth is to attach importance to technological innovation activities, so that the enterprise can truly become the main body of technological innovation; the fifth is to attach importance to the use of knowledge Property rights strategy promotes innovation activities, closely integrates corporate innovation activities with the implementation of intellectual property strategy, establishes an effective mechanism for the integration of technological innovation and intellectual property strategy, and promotes the construction and improvement of innovation capabilities through the implementation of intellectual property strategy.
Reporter: In what aspects is intellectual property the core competitiveness of an enterprise? How should enterprises formulate and implement intellectual property strategies?
Feng Xiaoqing: Intellectual property rights are an important core competitiveness of an enterprise, which is specifically reflected in the following: intellectual property rights themselves have become important intangible assets of enterprises; possessing intellectual property rights can rely on the monopoly exclusive rights granted by law to Technical advantages are transformed into market advantages and competitive advantages, thereby achieving strong market competitiveness; through the implementation of intellectual property rights, it can bring direct high profits and brand effects to enterprises, and win more consumers. Based on the importance of intellectual property rights to enterprises, in the current international competitive environment, it is undoubtedly of great significance for enterprises to waste no time in formulating and implementing intellectual property strategies.
To this end, enterprises can adopt the following strategies: First, establish a strategic awareness of intellectual property rights, not only to protect intellectual property rights, but also to have a strategic awareness of operating and managing intellectual property rights; second, to integrate intellectual property rights into Management and protection activities should be integrated into the entire production and operation process of the enterprise, and the whole process management and protection of intellectual property rights should be implemented; the third is to build an internal intellectual property management system and mechanism within the enterprise, such as establishing and improving a complete intellectual property management and protection system, introducing and determining intellectual property rights Manage professionals, establish specialized institutions for intellectual property management and an intellectual property information service network; conduct intellectual property training for corporate employees, promote intellectual property culture and innovation culture, and promote the construction of corporate intellectual property culture; fourth, attach importance to investment in research and development, and formulate timely Independent intellectual property rights, which is especially important for high-tech enterprises; fifth, choose the intellectual property strategic form and tactics that suit the specific enterprise and the competitive environment it faces, such as offensive strategy and defensive strategy. In addition, you must be good at learning and researching other people’s successful experiences in intellectual property strategies.
Reporter: With the development of my country's economy and science and technology, intellectual property disputes between domestic enterprises and foreign enterprises in the high-tech field have become more and more frequent. Faced with this situation, how should companies respond?
Feng Xiaoqing: The increasing number of intellectual property disputes in the high-tech field illustrates the following issues: high-tech and intellectual property are closely linked, high-tech achievements themselves are important objects of intellectual property protection, and the intellectual property system has become It is an important guarantee for protecting high-tech achievements and promoting the development of high-tech industries; high-tech enterprises are paying more and more attention to using intellectual property as a weapon to gain market competitive advantages; in the field of high-tech, intellectual property protection is becoming increasingly important and strategic.
As far as my country's high-tech enterprises are concerned, in order to deal with intellectual property disputes with foreign enterprises in the high-tech field, countermeasures can be taken in the following aspects: First, understand and master as much as possible the knowledge to deal with intellectual property disputes and means, such as the strategy to deal with the US Section 337 dispute; the second is to prepare for a rainy day and establish a daily response mechanism to deal with intellectual property disputes, such as an intellectual property risk prevention mechanism, to nip problems in the bud; the third is to handle disputes according to the country where the dispute occurs. and regional legal and market conditions, and adopt flexible countermeasures. For example, the cost of resolving disputes in our country is relatively low, while the cost of resolving disputes arising abroad is higher, which requires strong support from industry associations and governments; fourthly, if our country When an enterprise is in the position of being sued, it should take measures to change from passive to active, such as conciliating, filing counterclaims, filing requests for patent invalidation, cross-licensing, etc.; Fifth, pay attention to retaining evidence and facts in daily intellectual property activities, so as to make this possible Provide sufficient evidence for intellectual property disputes that occur, so as to win the initiative in litigation and increase the success rate of litigation; sixth, flexibly adopt corresponding countermeasures according to the dispute situation. For example, for patent infringement litigation, when there is considerable evidence, you can request the other party to declare Patent rights are invalid, etc., and cross-licensing is used to resolve disputes.
Protect intellectual property rights to promote sustainable development of enterprises
Our reporter Guo Taoge Qingping reported
“Independent intellectual property rights are the core competitiveness of enterprises. Only by continuously Only by conducting independent innovation independently can enterprises maintain the novelty, creativity and practicality of their independent intellectual property rights, and only then can enterprises find the soil for their own survival in the vast market and open up a new world. "On the occasion of World Intellectual Property Day, Yancheng Jieyi said. Wu Kun, chairman of Sucralose Manufacturing Co., Ltd., said that practice has proved that only by effectively strengthening intellectual property protection can the sustainable development of enterprises be promoted.
The World Pattern of Intellectual Property Competition
Chong Quan, Deputy Representative for International Trade Negotiations of the Ministry of Commerce, recently stated that with the development of the economy, intellectual property protection has become a need for my country’s own development. In 2010 In 2017, my country ranked second in the world in terms of patent applications and first in the world in terms of trademark registrations. my country has elevated intellectual property rights to a national strategy and has a solid foundation for protecting intellectual property rights.
Since the outbreak of the international financial crisis, the international trade situation has become increasingly severe. Statistics show that in the two years from 2009 to 2010, Jiangsu Province alone encountered 131 various trade friction cases including anti-dumping, countervailing, and US Section 337 investigations, with the amount involved reaching US$5.4 billion. The importance of protecting intellectual property rights to enterprises and even to the country as a whole is self-evident.
However, most domestic enterprises’ understanding of intellectual property rights only remains at the protection level, and there are few cases of using intellectual property rights to expand the market. However, Yancheng Jiekang Company proactively responded to the US Section 337 investigation, and ultimately not only won the lawsuit but also expanded the market, providing domestic enterprises with provided useful reference.
It is reported that Yancheng Jiekang Company has developed rapidly since it took the initiative to join the US Section 337 investigation lawsuit in 2009 and won the victory. In 2010, the company's annual sales revenue exceeded 200 million yuan, and its export earnings reached US$20 million, with an annual growth rate of more than 60%. After winning the lawsuit, Yancheng Jiekang Company took no time to apply for a patent. At present, the company has applied for 8 Chinese patents and 4 international patents, and has obtained 4 Chinese patents and 3 US patent authorizations.
"The competition in the future is the competition of intellectual property rights. China should establish corresponding institutions, formulate overseas strategies for intellectual property rights, guide 'going global' companies to safeguard their rights overseas, and protect their legitimate rights and interests." This is Chen Wusheng, Chairman of China Tongling Technology Group, made a speech 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 and have quite mature regulations and rules of the game, as well as corresponding institutions to protect the interests of their own enterprises. my country should also formulate overseas strategies in the field of intellectual property to guide Companies that “go global” safeguard their rights overseas, actively respond to international trade frictions, and protect their legitimate rights and interests.
Create a strategic highland for intellectual property rights
Intellectual property rights include copyrights, patents, industrial designs, trademarks, etc., and patent protection is the main content of intellectual property protection. In recent years, domestic enterprises have attached great importance to patent applications, and the number of patent applications has increased significantly. By rationally utilizing patented technologies, domestic enterprises have grown rapidly.
“For three consecutive years, we have generated more than 20 new patents every year.” Sun Jiangtao, executive director of Qiandai.com (Beijing) Information Technology Co., Ltd., said that it is precisely based on the emphasis on technology patents that The company's multiple-patented chips with a thickness of only 0.125 mm sold 100 times as much in the second year as in the first year, and 1,000 times as much in the third year.
“Currently, we have mastered the core technology of micro-light quantum technology.” Hu Xiangming, chairman of Beijing Tsinghua Huishi Technology Co., Ltd., said that the company is about to mass-produce micro-quantum computer vision instruments, and this product has already obtained It has received orders from many dealers at home and abroad, and this technology can also be applied to many industries such as construction, transportation, clothing, and printing.
Sand-based permeable bricks were rated as one of the four new materials of the Shanghai World Expo, and they are only a component of the rainwater collection, storage and utilization system project of Renchuang Technology Group. Last year, based on Shengtai sand-based permeable brick technology, Renchuang Technology further innovatively developed a new generation of Shengtai water filter bricks, water filter ditches, water filter wells and other core components, and also developed Shengtai breathable and anti-seepage sand, including nearly 50 Patented technology to creatively develop system solutions. In 2010, the number of patent applications filed by the R&D Center of Renchuang Technology Group reached 101.
In Dongguan, citizens only need to carry a mobile phone with SIMpass mobile payment function to buy fresh vegetables and fruits at a farmer's market equipped with a POS machine. This new technology comes from Beijing Watchdata Systems Co., Ltd. Up to now, Watchdata has applied for more than 500 domestic and foreign patents, including 168 patents in 2010 alone.
While paying attention to domestic patents, many powerful large companies have also begun to pay attention to the Patent Cooperation Treaty (PCT). This means that patents approved in one member state are valid in other member states. It is also an internationally recognized important indicator for measuring technological innovation. In 2008, Huawei had 1,737 PCT patent applications, surpassing Panasonic, Philips and Siemens, ranking first in the world in corporate PCT patent applications. In 2010, ZTE also caught up, ranking second in the world with 1,863 applications.
While enterprises are actively strengthening the protection and application of intellectual property rights, the country has made creating a good environment for intellectual property protection and incentives a key task. When interpreting the outline of the country's "Twelfth Five-Year Plan", a spokesman for the National Development and Reform Commission said that the development of strategic emerging industries should focus on breaking through key core technologies and mastering relevant intellectual property rights, and further improve the policy environment and market environment to enable strategic emerging industries. The industry has truly embarked on a new path that relies mainly on innovation to promote development.
In the National High-tech Zone, many plans to create a strategic highland for intellectual property are also in progress.
The "Zhongguancun National Independent Innovation Demonstration Zone Intellectual Property Promotion Project" has entered the full implementation stage: implement the Zhongguancun Key Industry Alliance Intellectual Property Promotion Plan, support alliance companies to establish industry patent databases, and carry out patent dynamic analysis and research in key industries; implement Zhongguancun Intellectual Property "Introduction The "Excellent and Supportive" plan guides high-quality patent agency resources to provide high-quality patent mining and management services for Zhongguancun innovative pilot enterprises; implements the Zhongguancun high-tech enterprise cultivation plan, adopts the form of intellectual property custody, and provides different types of intellectual property custody package services; Launch a pilot program for the disposal of Zhongguancun intellectual property pledge loan pledges and promote a standardized management system for corporate intellectual property rights. In Shanghai, the Shanghai Science and Technology Entrepreneurship Center and Shanghai Zhangjiang High-tech Zone Qingpu Park plan to cultivate into a national demonstration intellectual property advantage small and medium-sized enterprise cluster within three years. The establishment of the National Intellectual Property Pilot Park in Hangzhou High-tech Zone has passed the acceptance inspection, and a group of enterprises with intellectual property advantages represented by Wanxiang, SUPCON, H3C Communications and other enterprises have been cultivated...